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Appellate

  • May 24, 2019

    5th Circ. Won't Revive UBS Win In 17-Year-Old Enron Info Suit

    The Fifth Circuit declined Friday to revive a proposed class action alleging UBS AG units could have done more to warn of Enron's infamous fraud scheme, finding that the investors failed to allege the entities had material, nonpublic knowledge to disclose and a duty to do so.

  • May 24, 2019

    'Timing Is Everything' In Miami Nightclub Rules Row: 11th Circ.

    Citing sports heroes, comedians and politicians in a riff on the importance of timing, an Eleventh Circuit appeals panel on Friday partially revived a fully nude strip club's lawsuit against Miami Beach, Florida, over the city's nightclub regulations.

  • May 24, 2019

    Rite Aid Must Pay Ex-Honcho's Legal Fees In Fraud Fight

    Rite Aid is on the hook for legal fees incurred by a former executive in defending himself against company claims related to a nearly 20-year-old accounting fraud scheme after a Delaware Chancery Court judge ruled Friday that he is covered by the pharmacy retailer's indemnification policies.

  • May 24, 2019

    Ala. Justices Reinstate Wrongful Death Suit Against Insurer

    The Alabama Supreme Court on Friday revived a suit accusing an insurance company of causing a severely constipated man’s death by negligently denying coverage for colon surgery, saying the man’s estate should’ve been allowed to tweak claims that were preempted by federal labor law. 

  • May 24, 2019

    Leech-Using Doc Loses Appeal Of Patient's $309K Award

    An Ohio appeals court on Thursday affirmed a woman’s $308,620 trial win against a plastic surgeon who treated complications from her breast reconstruction surgery by leeching her instead of performing a surgical procedure, rejecting the doctor's argument that she had been denied a fair trial.  

  • May 24, 2019

    DHS Urges Justices To Take Up DACA Rollback Case

    The U.S. Department of Homeland Security is pushing the U.S. Supreme Court to put the planned rescission of the Deferred Action for Childhood Arrivals program back on course, saying Friday that the justices should take up the issue before going on summer break.

  • May 24, 2019

    Ariz. Tax Claim Not Worth Supreme Court Case, Calif. Says

    Arizona's claim that California wrongly taxed Arizona businesses and individuals does not rise to the standard of a matter for original jurisdiction, and the U.S. Supreme Court should decline to hear it, California said in a reply brief Friday.

  • May 24, 2019

    Schwab, Investors Ask 2nd Circ. To Revive Libor Claims

    Charles Schwab Corp. and investors in financial instruments tied to the London Interbank Offered Rate on Friday urged the Second Circuit to reinstate claims against a slew of banks over their alleged manipulation of the benchmark, arguing they have proper antitrust standing and that the litigation belongs in U.S. federal courts.

  • May 24, 2019

    Texas Justices Pass On Hospital's Bid To Duck Hot-Soup Suit

    A Fort Worth hospital can't bring an early end to a lawsuit alleging it negligently served a patient soup that was so hot it burned her, as the Texas Supreme Court declined to hear the hospital's appeal.

  • May 24, 2019

    SpaceX Whistleblower Can't Relaunch $6M Retaliation Suit

    An avionics technician can't revive claims he was wrongfully fired for questioning SpaceX's testing methods, a California appellate court has ruled, finding that none of his dozens of challenges to the trial court's evidentiary hearings had any merit or warranted changing a jury's verdict.

  • May 24, 2019

    GrubHub Says 9th Circ. Take On Dynamex Can't Help Driver

    A recent Ninth Circuit ruling that the California Supreme Court's Dynamex decision making it harder for businesses to classify their workers as independent contractors applies retroactively isn't relevant to a former GrubHub driver's wage suit, GrubHub has told the appeals court, arguing the company couldn't have predicted the "sweeping change" in the law.

  • May 24, 2019

    Fed. Circ. Backs Samsung, Apple In Interface Patent Fight

    The Patent Trial and Appeal Board rightly found that claims from two Papst Licensing GMBH & Co. KG computer communications patents were invalid as obvious, the Federal Circuit has ruled, affirming wins for Apple and Samsung.

  • May 24, 2019

    Baltimore County Pursues High Court Say On ADEA Back Pay

    Baltimore County has defended its request that the U.S. Supreme Court overturn a Fourth Circuit ruling that employers who violate the Age Discrimination in Employment Act must give their workers back pay, arguing that federal judges have the right to decide whether back pay is required after a violation.

  • May 24, 2019

    3rd Circ. Axes Israeli Citizen's Arab Persecution Claim

    The Third Circuit on Friday shot down arguments from an Israeli citizen looking to stave off deportation by pursuing asylum claims based on persecution he alleges he would face due to his perceived Arab nationality if forced to return to his home country.

  • May 24, 2019

    3rd Circ. Won't Resuscitate EMS Worker's FMLA Case

    The Third Circuit refused to revive a suit claiming an emergency medical services provider flouted the Family and Medical Leave Act when it fired a worker while she was on medical leave, saying she was axed after refusing to answer questions about whether she violated a noncompete agreement.

  • May 24, 2019

    Ill. Appellate Court Revives Chicago Lead Pipe Suit

    An Illinois appellate court panel revived a class action brought by Chicago residents claiming the city failed to warn them of lead exposure in their drinking water and exacerbated the problem when it attempted to replace water mains, in a split decision that one judge said could prompt a flood of lawsuits seeking medical monitoring damages.

  • May 24, 2019

    8th Circ. Says Non-Matching Roof Tiles Not Insurer's Problem

    The Eighth Circuit on Friday said American Family Mutual Insurance won’t have to pay for the replacement of an entire roof after shingles installed to replace hail-damaged ones did not match the original set, reversing an initial finding that a couple’s insurance policy covered the matching issue.

  • May 24, 2019

    9th Circ. Keeps Trump's 'Remain In Mexico' Rule In Effect

    A Ninth Circuit panel said Friday it wouldn’t reconsider its decision to let the Trump administration continue shipping migrants, including asylum-seekers, back to Mexico while they await decisions on their immigration cases.

  • May 24, 2019

    Rutgers Must Face Claims Pair Of Surgeries Was Botched

    A New Jersey state appeals court ruled Friday that Rutgers' Robert Wood Johnson University Hospital must face a lawsuit over a pair of surgeries that left a patient unable to use her left leg, ruling a judge used the wrong operation to determine the statute of limitations.

  • May 24, 2019

    Lone Star Laterals: Crowe & Dunlevy, Husch Blackwell

    In our latest roundup of Texas partners on the move, Crowe & Dunlevy PC added a trio of partners in Dallas, Husch Blackwell LLP picked up an appellate partner in Houston and Barnes & Thornburg LLP added a former in-house counsel for an asset management firm to its corporate group. 

  • May 24, 2019

    9th Circ. Questions DLA, Munger Attys' Candor In BNSF Brief

    A Ninth Circuit panel has asked BNSF Railway Co. and its attorneys at DLA Piper and Munger Tolles & Olson LLP to explain seemingly misleading passages in their brief appealing a lower court holding in favor of the Swinomish Indian Tribal Community in a dispute over the shipping of crude oil across reservation land.

  • May 24, 2019

    Texas Justices Side With Pathfinder In Permian Lease Row

    The Texas Supreme Court on Friday said a lower appellate court wrongly invalidated a jury verdict in a Permian Basin oil and gas lease fight by relying on grounds the two companies had agreed not to contest in the trial court.

  • May 24, 2019

    Fed. Circ. Revives Uniloc Patents Axed Under Alice At EDTX

    The Federal Circuit on Friday revived infringement claims involving two of Uniloc 2017's four patents asserted against multiple companies, faulting an Eastern District of Texas judge for being too aggressive in invalidating patents as abstract ideas under the U.S. Supreme Court's Alice decision.

  • May 24, 2019

    Dissent Slams 7th Circ.'s Rehearing Denial For Yemeni Couple

    The Seventh Circuit won't revisit the denial of a visa to a Yemeni mother who allegedly attempted to smuggle her children across the border, drawing a fiery dissent that called the court's decision not to touch a consular officer's denial a "dangerous abdication of judicial responsibility."

  • May 24, 2019

    Texas Justices Let Libel Claim Against Newspaper Proceed

    A jury should determine whether reporting by the Corpus Christi Caller-Times was "substantially true," the Texas Supreme Court held Friday, rejecting the newspaper's bid to escape a defamation lawsuit brought by the former president of the local Chamber of Commerce.

Expert Analysis

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • VA Errors May Be Veteran Contract Bidders' Newest Hurdle

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    The Federal Circuit's recent ruling in Veterans Contracting Group v. United States seemingly affirms a new bad faith standard in bid protest decisions, says Joshua Schnell of Ice Miller.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • Fed. Circ. Ruling Creates Circuit Split On ITC Preclusion

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    While the recent decision in Swagway v. U.S. International Trade Commission is the first time the Federal Circuit considered the potential preclusive effect of the ITC’s trademark decisions, other circuit courts have addressed it — and come to the opposite conclusion, say Matt Rizzolo and Jim Gaylord of Ropes & Gray.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • High Court Remains Supportive Of Tribal Treaty Rights

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    The U.S. Supreme Court's decision Monday in Herrera v. Wyoming demonstrates the continuing vitality of Indian treaties and may ignite other tribes' efforts to define the scope of their treaty-reserved hunting and gathering rights outside of their reservations, says Rob Roy Smith of Kilpatrick Townsend.

  • A Significant Case For All Calif. Mortgage Lenders

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    A California appeals court recently ruled for the first time that a borrower’s statutory right to reinstate a mortgage loan after default cannot be waived, a significant decision for all mortgage lenders and servicers in California, say Elizabeth Sperling and Coral del Mar López at Alston & Bird.

  • Why Controversy Surrounds Extension Of IRS Pilot Program

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    The IRS Office of Appeals recently announced a one-year extension of its appeals process pilot program — unwelcome news to many taxpayers who say the program undermines the office's independence, say Jason Dimopoulos and Tom Linguanti at Morgan Lewis.

  • High Court Bankruptcy IP Case May Spur Rejection Litigation

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    In its Mission Product Holdings v. Tempnology decision this week, the U.S. Supreme Court delivered a significant win for trademark licensees, while potentially leaving a larger gray area as to what other contractual rights of nondebtor parties may survive rejection under the Bankruptcy Code, say Laura Davis Jones and Jonathan Kim of Pachulski Stang.

  • High Court Hyatt Decision Fortifies Tribal Sovereignty

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    The U.S. Supreme Court's reflections on state sovereign immunity in Franchise Tax Board of California v. Hyatt bode well for tribes, because the court's emphasis on the founders' vision of sovereign immunity should extend to tribal sovereignty as well, says Jennifer Weddle of Greenberg Traurig.

  • Distressed Cannabis Companies See Hope In 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Garvin v. Cook Investments offers a possible interim solution to the vexing question of whether a debtor that has engaged in, or derived income from, a state-legal marijuana business can reap the benefits of the Bankruptcy Code, says Keith Owens of Venable.

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

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    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • 2 Key 10th Circ. Holdings In Western Union Derivative Suit

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    The Tenth Circuit’s recent opinion in City of Cambridge Retirement System v. Ersek — concerning shareholders’ allegations against officers and directors of Western Union — was a little-noticed decision, but it has broad implications for shareholder derivative actions, say Chris McCall and Luke Ritchie of Moye White.

  • Revisiting When — And When Not — To Seek Appraisal

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    After a string of recent Delaware Supreme Court decisions, it appears that seeking a court's independent appraisal of a deal price may be relevant only in the context of certain limited factual scenarios, say Michael Maimone and Joseph Schoell of Drinker Biddle.