Appellate

  • October 15, 2019

    FERC Can't Yank Pipeline Tax Perk, DC Circ. Hears

    A Kinder Morgan unit told the D.C. Circuit that the Federal Energy Regulatory Commission used a misguided policy to wrongly strip the company of a key tax perk for pipeline master limited partnerships. 

  • October 15, 2019

    Justices Pass On Families' Train Crash Wrongful Death Suit

    The U.S. Supreme Court on Tuesday declined to hear an appeal in a wrongful death suit from the families of three military veterans who were killed when a Union Pacific train crashed into a parade float carrying them.

  • October 15, 2019

    Fed. Circ. Reheats Campbell’s Soup Rack Case At PTAB

    Campbell's Soup's challenge to a Gamon soup rack patent is still simmering after the Federal Circuit sent the case back to the Patent Trial and Appeal Board Tuesday to consider several claims and grounds it declined to review the first time around.

  • October 15, 2019

    3rd Circ. Doubts Cert. Can Fly In American Airlines OT Suit

    A Third Circuit panel on Tuesday questioned how overtime claims by American Airlines Inc. workers can fly as a class action, given that a remedy would seem to require individualized inquiries as to how much time the employees toiled off the clock.

  • October 15, 2019

    Fired Servers' Emails Shielded By Labor Law, 2nd Circ. Says

    A New York City restaurant operator violated federal labor law by firing four workers who cosigned a colleague's profane email calling out a manager's alleged abuses, the Second Circuit said Tuesday in an opinion affirming a National Labor Relations Board ruling.

  • October 15, 2019

    Civil Rights Groups Slam 2nd Circ. Pick On Immigration

    A coalition of 28 civil rights groups have urged senators to oppose the nomination of a White House lawyer for the Second Circuit, citing Steven J. Menashi's legal work on controversial immigration policies including the "public charge" rule.

  • October 15, 2019

    T-Mobile Defeats NJ Town's Cell Tower Challenge

    A New Jersey state appeals court Tuesday affirmed T-Mobile's victory in a long-running dispute over the construction of a cellphone tower, saying Freehold Township's zoning board was not free to "ignore court orders."

  • October 15, 2019

    Insurer Can't Ditch $1M Herbicide Suit, Texas Justices Hear

    A seed company told the Texas Supreme Court its insurer must defend it against a $1 million lawsuit brought by a neighbor that claims the company and others were at fault for spreading herbicides that harmed its crops.

  • October 15, 2019

    Justices Won't Hear Appeal Over Atty Fees In No-Fly List Suit

    The U.S. Supreme Court on Tuesday declined to review a Ninth Circuit finding that federal government attorneys had acted in bad faith in the case of a Malaysian woman who was wrongly placed on the no-fly list, paving the way for her higher fee award.

  • October 15, 2019

    High Court Declines To Hear 2 Patent Cases

    The U.S. Supreme Court on Tuesday refused to review a former University of Missouri professor's pro se suit claiming his constitutional and federal patent rights were violated during his employment, as well as an appeal over the patentability of a fatty acid formulation allegedly used to treat chronic diseases.

  • October 15, 2019

    Fed. Circ. Revives Insulation Patent Claims Axed By PTAB

    The Patent Trial and Appeal Board relied on “classic hindsight bias” when it said certain pieces of prior art could be combined to render claims in two Knauf Insulation patents obvious, the Federal Circuit said Tuesday.

  • October 15, 2019

    Fed. Circ. Won't Rethink GE's Standing To Appeal PTAB Loss

    The full Federal Circuit refused Tuesday to reconsider a ruling that General Electric can't appeal a Patent Trial and Appeal Board decision upholding a rival’s jet engine patent, passing on an invitation to overturn a rule at least one judge has said is “out of step” with Supreme Court precedent.

  • October 15, 2019

    'Novel' Disclosure Issue Not Ready For Del. Supreme Court

    The Delaware Supreme Court on Monday refused to revive a suit by an investor challenging DAVA Pharmaceuticals Inc.'s $600 million sale to Endo Pharmaceuticals Inc., ruling that the "novel" question of whether corporations should have the same disclosure duties as individual fiduciaries is not "ripe for review."

  • October 15, 2019

    Gov't Allowed To Argue In Cross-Border Shooting Case

    The U.S. Supreme Court ruled Tuesday that the federal government can argue against a Mexican family seeking damages from a U.S. Customs and Border Protection agent after the parents' teenage son was fatally shot across the border.

  • October 15, 2019

    USPTO, Hulu Say PTAB Can Kill Amended Claims Under Alice

    The U.S. Patent and Trademark Office, Hulu and Netflix have told the Federal Circuit that the America Invents Act doesn't bar the Patent Trial and Appeal Board from determining whether amended claims are invalid under Alice during inter partes review.

  • October 15, 2019

    Pa. Justices Ask Why Wireless Antennae Aren't Utilities

    The Pennsylvania Supreme Court asked the state's Public Utility Commission on Tuesday to explain why, after 10 years, it dropped so-called distributed antenna systems from the public utilities that fell under its jurisdiction and that drew benefits like eminent domain for their builders, given claims that the underlying law was unambiguous.

  • October 15, 2019

    Ex-Katten Atty's Jury Gripe Falls Flat With 2nd Circ. Judge

    Former Katten Muchin Rosenman LLP attorney Evan Greebel's contention that a Brooklyn jury got bad instructions before finding him guilty of helping Martin Shkreli defraud pharma investors ran into doubt Tuesday from a Second Circuit judge, who said an email puts Greebel at the heart of the fraud.

  • October 15, 2019

    Justices Won't Review Ex-CEO's $40M Tax Deduction Appeal

    A former top executive of an investment firm lost his last chance to maintain a deduction of nearly $40 million in tax losses from foreign currency transactions when the U.S. Supreme Court declined Tuesday to hear his case.

  • October 15, 2019

    IPRs Will Bleed Budgets And Innovation, States Warn Justices

    Public universities and state governments on Tuesday told the U.S. Supreme Court to take up a case looking at whether they can invoke sovereign immunity to escape Patent Trial and Appeal Board proceedings, claiming schools don’t have the resources to defend themselves.

  • October 15, 2019

    2nd Circ. Agrees Monster Job Site Doesn’t Owe $8.9M In Fees

    The Second Circuit on Friday affirmed a New York federal judge's ruling that Monster Worldwide Inc. doesn't owe an investment bank $8.9 million in fees from work related to potential transactions for the employment search site.

  • October 15, 2019

    Justices Won't Hear News Org's E-Filing Access Suit

    The U.S. Supreme Court said Tuesday it will not review the Seventh Circuit’s ruling that a dispute over reporters’ access to electronically filed complaints in the Cook County, Illinois, court system is more suited for state court resolution.

  • October 15, 2019

    High Court Won't Hear $2.7M Fees Appeal In BioScrip Deal

    The U.S. Supreme Court on Tuesday declined to pick up an appeal challenging a $2.7 million attorney fee award included as part of a settlement between shareholders and specialty pharmacy BioScrip Inc. over fraud allegations relating to a drug it carried.

  • October 15, 2019

    9th Circ. Rejects Sanctions In 'Stairway' Copyright Fight

    Weeks after the full Ninth Circuit heard oral arguments in a closely watched copyright case over Led Zeppelin's "Stairway to Heaven," the appeals court on Tuesday refused a request to sanction the band's attorney over statements made during the hearing.

  • October 15, 2019

    Honeywell Avoids High Court Review Of Health Benefits Win

    The U.S. Supreme Court on Tuesday turned away a challenge to an Eight Circuit decision that gave Honeywell International Inc. the go-ahead to cut off health care benefits for a group of early retirees.

  • October 15, 2019

    Justices Won’t Hear SC's Nuclear Facility Closure Suit

    The U.S. Supreme Court on Tuesday refused to revive South Carolina’s suit seeking to block the closure of a nuclear fuel processing facility, which the federal government has argued is overbudget and behind schedule.

Expert Analysis

  • FX Fraud Decision Tests Limits Of Right-To-Control Theory

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    In United States v. Johnson, the Second Circuit’s decision affirming an ex-HSBC foreign exchange trader's wire fraud conviction highlights that the government and courts may not agree on the government's burden to prove tangible economic harm under the so-called right-to-control theory, say attorneys at White & Case.

  • Fed. Circ. Quarrel Highlights Need For Patent Eligibility Clarity

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    The recent Federal Circuit decision in American Axle v. Neapco reflects the court's ongoing struggle over applying Section 101 of the Patent Act and reveals that action needs to be taken, whether by Congress or the U.S. Supreme Court, say Anthony Fuga and Steven Jedlinski of Holland & Knight.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

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    At Oct. 7 oral arguments before the U.S. Supreme Court in Peter v. NantKwest, the justices seemed unsympathetic to the U.S. Patent and Trademark Office's position that "expenses" in Section 145 of the Patent Act includes the agency's attorney fees, which applicants must pay even if they prevail, says Lina Xing of LexShares Inc.

  • Opinion

    High Court Should Allow Resentencing For Juvenile Offenders

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    While prosecuting the D.C. sniper in 2006, I spent hours with his 17-year-old accomplice, Lee Boyd Malvo. Since working with Malvo and other juvenile offenders, I have come to believe the U.S. Supreme Court should follow its own precedent and allow resentencing hearings for minor offenders serving life without parole, says Vivek Chopra of Perkins Coie.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Justices' View Of Their Role May Influence LGBTQ Bias Cases

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    Arguments at the U.S. Supreme Court on Oct. 8 in a trio of Title VII discrimination cases involving gay and transgender workers show the decisions may hinge on whether the justices feel they should ensure case law evolves to remain relevant or interpret the legislature’s intent, say Donna McElroy and Katina Zampas at Dykema.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

  • 2nd Circ. Ruling May Cause Int'l Discovery Flurry In NY

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    The Second Circuit's recent Section 1782 decision in Application of Antonio Del Valle Ruiz could be particularly burdensome for New York–based offices of multinational companies, which may now be compelled to produce documents located abroad despite not being involved in any domestic litigation, say attorneys at Ropes & Gray.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

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    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Pa. Ruling Leaves Room For Oil And Gas Reg Challenges

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    While the Commonwealth Court of Pennsylvania’s decision in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection upheld state agencies’ authority to promulgate oil and gas drilling rules, the decision made clear that the rules themselves are not immune from judicial scrutiny, says Michael Aceto of Goldberg Segalla.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Competing Refusal-To-Deal Tests At 7th, 9th Circs.

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    The Viamedia and Qualcomm antitrust cases in the Seventh and Ninth Circuits, in which the U.S. Department of Justice has taken positions regarding when a refusal to deal could be unlawful, may lead the U.S. Supreme Court to clarify the appropriate standard for refusal to deal claims, says Ryan Sandrock of Sidley.

  • High Court's Knick Ruling May Hinder Calif. Public Agencies

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    The U.S. Supreme Court's decision in Knick v. Scott allowing plaintiffs to file takings and inverse condemnation lawsuits in federal court may mean that California landowners no longer need to exhaust judicial remedies first, possibly discouraging public agencies from undertaking legal actions, says Gene Tanaka of Best Best.