Appellate

  • July 17, 2019

    Stevens Had Key Role In Deciding Limits On Terror Detention

    The broad legacy left behind by Justice John Paul Stevens after his death on Tuesday encompasses important post-9/11 opinions outlining the rights of “enemy combatants” captured during the War on Terror, including a seminal ruling allowing them to try to seek their freedom in U.S. courts.

  • July 17, 2019

    How Deep Chicago Roots Kept Stevens Grounded

    A born Chicagoan who studied at two of the city's elite universities, launched his own firm there and remained a devoted Chicago Cubs fan his entire life, Justice John Paul Stevens wore his Midwestern roots on his sleeve. His clerks and colleagues say his Chicago roots shone through in his work.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    3 Times Justice Stevens Left An Imprint On Employment Law

    Over his 34 years on the U.S. Supreme Court, the late Justice John Paul Stevens often took employee-friendly positions in cases involving hot-button issues like discrimination and arbitration agreements. Here, Law360 looks at three notable employment cases in which Justice Stevens left his mark.

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    3 Times Justice Stevens Boosted Privacy Rights

    When it came to privacy rights, the late U.S. Supreme Court Justice John Paul Stevens repeatedly sided with individuals over governments during his 34 years on the high court. Here, Law360 revisits three of his most notable privacy rulings, including his finding that people have a constitutional right to share political opinions anonymously. 

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    6th Circ. Tosses Parents' Suit Over Merck's Gardasil

    The Sixth Circuit on Wednesday declined to revive a mother and father’s lawsuit claiming a contaminated Merck & Co. HPV vaccine left their 11-year-old daughter with personality changes, spasms and infection-like symptoms, saying they failed to show that the pharmaceutical company intentionally added viral HPV DNA.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Calif. Court Backs Six Flags' Trial Win In Worker Injury Suit

    A California appeals court has affirmed a jury's decision to clear Six Flags of liability in a suit accusing the amusement park operator of causing two employees' severe injuries following a 2010 explosion, saying certain evidence was properly excluded by the trial judge.

  • July 17, 2019

    Justice Stevens Sought Careful Limits On Reach Of IP Law

    Late Justice John Paul Stevens left his mark on intellectual property law with influential opinions that took a narrow view of the protection afforded by copyrights and patents, including a landmark ruling that effectively legalized the VCR.

  • July 17, 2019

    5 Times Justice Stevens Impacted Product Liability Law

    Over his tenure on the U.S. Supreme Court, the late Justice John Paul Stevens penned five important decisions affecting product liability law, including on the limits of punitive damages and on when federal law supersedes state law in cases against the tobacco industry, medical device manufacturers and others.

  • July 17, 2019

    Asarco Can't Pin Superfund Costs On Union Pacific: 9th Circ.

    The Ninth Circuit on Wednesday shot down Asarco LLC's bid to hold Union Pacific Railroad Co. financially responsible for a portion of the $485 million that the mining company claimed it paid to help clean up a Superfund site in Coeur d'Alene, Idaho.

  • July 17, 2019

    Kuwaiti Contractor Seeks Fed Circ. Reversal Of $17.2M Offset

    A Kuwait-based logistics contractor urged the Federal Circuit on Tuesday to find that the federal government wrongly withheld roughly $17.2 million from the company to offset purported overpayments under a previous contract, saying a lower court’s contrary decision “imperils the rule of law.”

  • July 17, 2019

    Stevens' Ruling Carved Out Broadcasts As A Safe Haven

    To many in the communications sector, U.S. Supreme Court Justice John Paul Stevens left behind a legacy that preserved broadcast television and radio stations as safe havens for families, penning an influential opinion four decades ago that still guides programming decisions today.

  • July 17, 2019

    Breaking Down Justice Stevens' Years On The High Court

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Pa. Justices Ax Taxes On Freight Broker's Pass-Through Fees

    A Pennsylvania freight broker does not have to pay the city of York's business privilege tax on shipping costs it takes from companies with freight to move and forwards to the carriers who do the actual moving, the Supreme Court of Pennsylvania ruled Wednesday.

  • July 17, 2019

    Law Firm Asks 4th Circ. To Revive Privacy Suit Coverage Bid

    Law firm Davis & Gelshenen LLP urged the Fourth Circuit Wednesday to find that a unit of The Hartford has to fund its defense of a proposed class action alleging it unlawfully used North Carolina car crash records to solicit clients, saying a lower court improperly applied two policy exclusions to absolve the insurer of any coverage obligations.

  • July 17, 2019

    High Court Should Take ERISA Preemption Case, Insurers Say

    A pair of health insurers accused of misrepresenting their health plans have asked the U.S. Supreme Court to resolve whether three Montana businesses' state-law fraud claims are preempted by federal benefits law, saying a Ninth Circuit decision letting the claims proceed deepens a circuit split.

  • July 17, 2019

    Md. High Court Says State Has Power Over Solar Zoning

    The Maryland high court has ruled that the state's authority to decide where solar power projects should be located overrides local zoning laws, saying recent legislation aimed at fighting climate change boosts the Public Service Commission's power.

  • July 17, 2019

    Texas Court Upholds Award For Land Taken For Pipeline

    A Texas appellate court on Wednesday wouldn't increase the compensation for landowners whose property was taken for a gas pipeline, saying a trial court's reduced award for the value of the property was supported by enough evidence.

  • July 17, 2019

    FTC Facing Qualcomm Alone As Trump Admin. Turns On Case

    The public gulf between the Federal Trade Commission and the rest of the Trump administration widened dramatically Tuesday when the U.S. Departments of Defense and Energy joined the Justice Department to voice direct opposition to the FTC's antitrust win against Qualcomm.

  • July 17, 2019

    2nd Circ. Flags SG For Comment On Trump Bank Subpoenas

    The Second Circuit asked U.S. Solicitor General Noel Francisco on Wednesday if he would like to weigh in on President Donald Trump's attempts to block congressional subpoenas seeking his financial records.

  • July 17, 2019

    8th Circ. Backs Tribal Courts' Authority In ICWA Case

    The Eighth Circuit on Tuesday upheld a ruling that two Minnesota tribes’ courts had jurisdiction over child custody proceedings for a pair of tribe member children, rejecting arguments by their non-Native American mother and grandmother that a custody transfer from the state violated federal law.

Expert Analysis

  • NJ Tax Stop: Private, For-Profit Property May Be Tax-Exempt

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    Although an appeal to the New Jersey Supreme Court is pending, if the New Jersey Appellate Division's recent decision in Gourmet Dining v. Union Township stands, it may prove to be a watershed moment for property tax jurisprudence in the state by broadening the definition of "public purpose" to potentially include private, for-profit use of property, says Carl Rizzo of Cole Schotz.

  • What High Court's Kisor Ruling Means For FDA Decisions

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    The U.S. Supreme Court's decision in Kisor v. Wilkie, weakening Auer deference, gives courts more authority to challenge agency decisions — even those concerning very technical regulations, as many of the U.S. Food and Drug Administration's do, say attorneys at Axinn.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Myers May Make It Easier To Find Equitable Relief In Tax Court

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    A recent decision by the U.S. Court of Appeals for the District of Columbia Circuit took an expansive view of equitable tolling of statutory filing deadlines and has potentially far-reaching ramifications for the U.S. Tax Court’s power to grant equitable relief, says Laura Gavioli at McDermott.

  • Preemption Vs. Public Nuisance, In Aviation And Opioids

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    A recent Iowa Supreme Court ruling concerning a local airport commission's authority to condemn a structure declared safe by the Federal Aviation Administration presents many of the same preemption questions that will play out in opioid litigation, says Richard Dean of Tucker Ellis.

  • Looted-Art Heirs May Find A Sympathetic Forum In NY Courts

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    The New York Appellate Division decision last week in Reif v. Nagy — in favor of the heirs in a Holocaust looted-art claim — is noteworthy because of the manner in which it rejected the defendant’s claim of laches, just a few weeks after the Second Circuit had dismissed a Holocaust looted-art claim on those very grounds, says Martin Bienstock of Bienstock.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • A New Direction For Commission-Only Compensation In Mass.

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    The Massachusetts Supreme Judicial Court's recent decision in Sullivan v. Sleepy’s changes the way employers can implement commission-only compensation plans and may signal the start of open season for overtime claims by certain commission-based employees, says Emily Crowley at Davis Malm.

  • What Justices' Deference Opinion Means For Employers

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    The U.S. Supreme Court rewrote the rules on judicial deference to federal agency guidelines with its recent decision in Kisor v. Wilkie. For employers — where agency guidance frequently disclaims authoritative use — it means a lot of settled law is potentially up for grabs, says Steven Katz at Constangy Brooks.

  • Online Marketplaces: Continuing Product Liability, CDA Issues

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    Two federal circuit courts recently ruled on whether online marketplaces can incur liability for products manufactured or sold by third parties, and on whether the Communications Decency Act of 1996 bears on this question. The cases highlight the difficulty of assessing whether a claim is speech- or product-related, says Steven Kramer of Eckert Seamans.

  • Colo. High Court Defies Contract Damages Precedent

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    The recent Colorado Supreme Court opinion in Bermel v. BlueRadios could open the door to recovery of a form of punitive damages for breach of contract — a traditionally unavailable remedy that could lead to an increase in commercial litigation, says Perry Glantz of Stinson.

  • How High Court FOIA Ruling Will Help Gov't Contractors

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    The U.S. Supreme Court's recent Food Marketing Institute v. Argus decision will make it easier for government contractors to protect financial information from Freedom of Information Act requests even though the new standard for obtaining a FOIA exemption is somewhat unclear, say James Boland and Christopher Griesedieck of Venable.

  • Opinion

    Pa. Court Muddies Privilege And Work-Product Waters

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    With respect to attorney-client privilege and the work-product doctrine in Pennsylvania, the Pennsylvania Superior Court's recent decision in Newsuan v. Republic Services is significantly flawed and will contribute to confusion, uncertainty and risks, says Kevin Allen of Eckert Seamans.