• March 16, 2018

    DC Circ. Delivers Relief, But Not Clarity, With TCPA Ruling

    The D.C. Circuit on Friday eased some of the exposure that companies have faced since the Federal Communications Commission expanded the scope of the Telephone Consumer Protection Act in 2015, but the resulting lack of bright lines for liability ensures that the crush of legal fights under the statute are far from over, attorneys say.

  • March 16, 2018

    Split 11th Circ. Upholds Bias Verdict In Promotion Row

    A heavily fractured Eleventh Circuit panel delivered a long-awaited decision in a woman’s discrimination suit alleging she was passed over for promotion because of her gender, on Friday upholding a jury’s finding of bias and affirming a decision to remove punitive damages from the verdict.

  • March 16, 2018

    Zohar Funds Say Manager's Bid To Lift Stay Isn't Urgent

    Bankrupt distressed investment vehicles the Zohar Funds hit back Friday against a bid by their collateral manager to lift the automatic litigation stay, saying the litigation it wants to move forward is not a pressing matter in the Chapter 11 cases.

  • March 16, 2018

    Pharma Cos. Liable For Generic Labels, Mass. Top Court Says

    Name-brand drugmakers can be held liable for mislabeled generic equivalents under state law in Massachusetts, home of the nation’s largest bio-pharmaceutical hub, the commonwealth’s top court ruled on Friday in a loss for Merck & Co. and the industry groups watching.

  • March 16, 2018

    United Airlines Pay Stub Row May Need Calif. Justices' Help

    A Ninth Circuit judge told United Airlines Inc. pilots and flight attendants Friday that courts have clashed on when California law applies in disputes like theirs alleging an employer's pay stubs fall short of state requirements, saying California’s high court may need to weigh in.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Up Next At High Court: Calif. Abortion Law, Tribal Immunity

    The Supreme Court’s headline-making term is far from over as the justices return this week for a politically charged case over California’s abortion disclosure law and a dispute that could result in more lawsuits against Native American tribes.

  • March 16, 2018

    5th Circ. Can’t Review Bid To Move Suit Over Tonsil Surgery

    The Fifth Circuit on Thursday rejected a woman’s attempt to appeal a district judge’s decision to send back to state court her malpractice case against a doctor and hospital for allegedly botching her tonsil surgery, finding it had no jurisdiction.

  • March 16, 2018

    Delta Flight Attendants Urge 9th Circ. To Revive Wage Suit

    A putative nationwide class of Delta flight attendants asked a Ninth Circuit panel Friday to revive allegations they aren’t compensated on an hourly basis for all their work, arguing that under California law they should be compensated for work performed on the ground in the Golden State before and after flights.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    Texas Sanctuary City Lawsuit Unlikely To Find New Life

    A Fifth Circuit ruling upholding the constitutionality of most of a Texas state law aimed at barring so-called sanctuary cities is different enough from other litigation percolating through federal courts that it’s an unlikely candidate for U.S. Supreme Court review, experts say.

  • March 16, 2018

    Experts At Heart Of Tension In Health Care Prosecutions

    The rare reversal of a Kentucky heart doctor’s fraud conviction and prosecutors’ appeal highlights the way the U.S. Department of Justice is using experts to dispute the necessity of health care procedures and could add another answer to when a medical outlier can be distinguished from a fraud.

  • March 16, 2018

    Title VII, NYC Law Differ On Damages, 2nd Circ. Says

    The Second Circuit held Friday that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law, saying a lower court incorrectly used the federal standard in a pregnancy discrimination case.

  • March 16, 2018

    3rd Circ. Affirms Plastic Surgeon's 3-Year Prison Sentence

    The Third Circuit on Friday declined to overturn a plastic surgeon's three-year prison sentence and $96,000 fine for tax evasion — and was unswayed by his argument that the trial court erred in excluding evidence that he eventually paid the tax.

  • March 16, 2018

    Patriarch Not Covered For SEC Probe, Axis Tells 2nd Circ.

    Axis Insurance Co. on Friday urged the Second Circuit to uphold a New York federal court's ruling that it doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of an SEC investigation and enforcement action, saying the lower court properly concluded that coverage is barred because the probe predated the insurer's policy.

  • March 16, 2018

    Trade Group Says EPA's Delay Of Rules Boosts Safety

    Opponents of a risk management rule for chemicals on Friday urged a D.C. Circuit panel to quash an effort by environmental groups to force the U.S. Environmental Protection Agency to implement the Obama-era regulations, saying the rules could threaten national security.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    $57M Pistons Arena Tax Melee Battled Out Before 6th Circ.

    Michigan residents hoping to block $56.5 million in tax dollars from funding the NBA’s Detroit Pistons’ relocation to a new arena said they were deprived of their constitutional rights by not being allowed to vote on how educational funds were redirected, the Sixth Circuit was told Thursday.

  • March 16, 2018

    9th Circ. Affirms Ex-CBP Official's Bribery Convictions

    The Ninth Circuit on Thursday affirmed six jury convictions against a former U.S. Customs and Border Protection official for his participation in a scheme to pay bribes to government employees to obtain green cards and other benefits for immigrants, saying questions about his past were fair game.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

Expert Analysis

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • The Arbitrability Of Claims Arising Under PAGA

    M.C. Sungaila

    If an employee asserts representative claims seeking civil penalties from his employer under California’s Private Attorneys General Act, are they arbitrable by agreement of the parties? Courts should adopt a unified approach to this question and allow representative PAGA claims to be arbitrated, so long as they are not outright waived, say M.C. Sungaila and Marco Pulido of Haynes and Boone LLP.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 2

    P. Frye 300dpi - July 2015.jpg

    The Illinois Supreme Court should resolve the contradiction between two recent Illinois appellate decisions by ruling that whenever allegedly deficient policy language is delivered to an insured more than two years before a suit is filed, the suit should be dismissed, says Patrick Frye of Freeborn & Peters LLP in the final part of this article.

  • Clarity For Cos. Facing Wage Claims In Colo. And Beyond

    Martine Tariot Wells

    The Colorado Supreme Court's recent decision in Hernandez v. Ray Domenico Farms is notable because it clarifies for employers (including multijurisdictional employers) and employees alike that unpaid wage claims under Colorado law have the same statute of limitations as claims under the Fair Labor Standards Act, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 1

    Patrick Frye

    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

  • Section 101 Decisions Clarify 'Clear And Convincing Evidence'

    Rob Shaffer

    Since the U.S. Supreme Court’s decision in Alice, many practitioners have been confused about whether the presumption of validity and proof by clear and convincing evidence still apply when a patent has been challenged under Section 101, particularly at the pleadings stage. In three recent decisions, the Federal Circuit has provided guidance, say Rob Shaffer and Scott Allen of Finnegan Henderson Farabow Garrett & Dunner LLP.