Appellate

  • April 02, 2020

    2nd Circ. Backs Stock Parking Penalty For Ex-Barclays Trader

    The Second Circuit published an opinion on Thursday affirming the U.S. Securities and Exchange Commission’s five-year ban for an ex-Barclays bond trader over an alleged stock-parking scheme.

  • April 01, 2020

    Insurance Groups Tell Justices PBM Law Would Upend ERISA

    A health insurance trade organization told the U.S. Supreme Court in an amicus brief Tuesday that an Arkansas law requiring pharmacy benefit managers to reimburse pharmacies equally is preempted by federal law, saying states' interference with uniform national standards threatens the very existence of employer benefit plans.

  • April 01, 2020

    Facebook, Chamber Back Bid To Strike TCPA Autodialer Ban

    Facebook, the U.S. Chamber of Commerce and more than a half-dozen others have joined the push to convince the U.S. Supreme Court to invalidate the Telephone Consumer Protection Act's autodialer ban, arguing that axing the entire speech-abridging provision is the only way to properly remedy First Amendment deficiencies.

  • April 01, 2020

    5th Circ. Swap Was Rare Defeat For Trump On Court Picks

    When the White House announced a new nominee for the Fifth Circuit this week, it constituted a rare admission of defeat for one of President Donald Trump's judicial picks and illustrated how opposition from the president's own party can derail a nomination.

  • April 01, 2020

    Ex-Dolphins Player's 3rd Trial Bid Against Team Doctor Axed

    A Florida appeals court rejected former Miami Dolphins star Otis "O.J." McDuffie's bid for a third trial in a medical malpractice suit accusing an ex-team doctor of causing his career-ending injury, saying Wednesday that the trial judge’s evidentiary decisions were sound.

  • April 01, 2020

    2nd Circ. Told DEA Testimony Dooms Iran Missile Dealing Trial

    A former electrical engineer convicted of trying to sell surface-to-air missiles and military aircraft parts to the Iranian government on Wednesday asked the Second Circuit to vacate his conviction and order a new trial, saying the lower court erred in allowing government agents to comment on the defendant's credibility.

  • April 01, 2020

    Reprimand Recommended For Judge's Decade Of Misconduct

    A disciplinary panel has recommended a public reprimand for a Florida state judge who acknowledged he violated the state’s code of judicial conduct over the past decade by engaging in improper communications outside of court and routinely holding first-appearance hearings and setting bonds without input from parties.

  • April 01, 2020

    Pa. To Keep Courts Closed Through April As Pandemic Swells

    As the number of confirmed COVID-19 infections across the state continues to swell, the Pennsylvania Supreme Court on Wednesday agreed to extend an order shutting down the bulk of physical court operations in the state through the end of the month.

  • April 01, 2020

    Security Co. Not To Blame For Pulse Shooter, Fla. Court Says

    A Florida appeals court on Wednesday affirmed the dismissal of a suit brought by victims of the 2016 mass shooting at the Pulse nightclub in Orlando against the security company that employed the shooter, saying the victims could not show that the company's alleged negligence led to the massacre.

  • April 01, 2020

    2nd Circ. Revives Yen Libor-Rigging Suit Against Big Banks

    The Second Circuit reversed the tossing of a 2015 suit accusing Barclays, Lloyds, Bank of America and more than a dozen other international banks of benchmark interest rate-rigging, ruling Wednesday that the investor plaintiffs convincingly linked their financial losses to the banks' alleged market manipulation.

  • April 01, 2020

    Family Pushes 11th Circ. To Revive Cancer Suit Against UTC

    A Florida family urged the Eleventh Circuit on Wednesday to revive their suit claiming their daughter’s death from cancer was caused by United Technologies Corp.'s release of hazardous materials, arguing that a lower court misunderstood a pair of federal laws in finding it was filed too late.

  • April 01, 2020

    Fed. Circ. Won’t Restore $1.3M CBS Podcast Patent Verdict

    The full Federal Circuit on Wednesday said it won’t reconsider a panel decision refusing to reinstate a $1.3 million verdict against CBS involving a podcasting patent invalidated in inter partes review after the verdict came down.

  • April 01, 2020

    Fed. Circ. To Air Live Audio Of Oral Arguments Amid COVID-19

    The Federal Circuit on Wednesday announced that it will be providing live audio of all oral arguments scheduled for the latest court session, citing the "extraordinary circumstances" surrounding the COVID-19 pandemic.

  • April 01, 2020

    Dish Rival Asks DC Circ. To Rethink Spectrum License Ruling

    California-based telecom provider NTCH Inc. urged the full D.C. Circuit Wednesday to review spectrum license modifications the Federal Communications Commission awarded to Dish Network Corp., saying the commission's refusal to address NTCH's concerns on procedural grounds was "patently a pretext to avoid addressing the unlawfulness" of its own actions.

  • April 01, 2020

    Oil Giants Seek High Court Review Of Remand In Climate Case

    Chevron Corp. and other energy giants asked the U.S. Supreme Court to review an appeals court decision that sent Baltimore’s suit seeking to put the energy companies on the hook for climate change to state court, arguing the bulk of their arguments for removal were improperly ignored. 

  • April 01, 2020

    2nd Circ. Hands Chipotle Workers Partial Win In OT Row

    The Second Circuit on Wednesday affirmed a lower court's decision to deny class certification to Chipotle workers in six states claiming they were denied overtime pay, but vacated the court's decision to decertify more than 500 management trainees' collective action on the grounds that their work responsibilities differed too much.

  • April 01, 2020

    Retirement Plan Is Denied Cut Of Transit Agency Drug Rebates

    The Chicago Transit Authority’s employee retirement plan isn’t entitled to a portion of the prescription drug rebates the CTA receives because the plan didn’t prove it had a fiduciary relationship with the agency, an Illinois state appellate panel said Tuesday.

  • April 01, 2020

    3rd Circ. Gives Gay Ghanaian Man New Shot At Asylum Bid

    A gay man who fled Ghana after he was outed and violently attacked will get a new chance to seek asylum in the United States, with the Third Circuit ruling that immigration judges bungled their analysis of whether the man faced persecution that qualifies for protection.

  • April 01, 2020

    2nd Circ. Forces EPA To Release Fuel Standards Cost Model

    The Second Circuit on Wednesday reversed a lower court and said the U.S. Environmental Protection Agency must release part of its computer program that is used to price out potential vehicle greenhouse gas emissions standards.

  • April 01, 2020

    Texas Justices Unify Deadlines For COVID Extensions

    The Texas Supreme Court on Wednesday delayed service deadlines and paused the statute of limitations in civil cases until June 1, just a few days after a broad coalition of attorneys pled for uniformity as state courts reacted differently to the COVID-19 pandemic.

  • April 01, 2020

    Ill. Docs Must Face Suit Over Surgery That Led To Abortion

    An Illinois appellate court held Tuesday that a wrongful death suit can proceed against two doctors accused of failing to recognize a patient was pregnant prior to an elective surgery that exposed the fetus to health risks and ultimately led the parents to terminate the pregnancy.

  • April 01, 2020

    Pa. Justices To Consider Complaint Service Requirements

    The Pennsylvania Supreme Court has agreed to reexamine the lengths to which plaintiffs must go to formally serve complaints on lawsuit targets, taking up a case over a Philadelphia woman's efforts to track down a man she blamed for injuries she suffered in a car wreck.

  • April 01, 2020

    Pa. Audit Backs Hospitals' RICO Suit, 3rd Circ. Told

    A Pennsylvania state audit chronicled a yearslong pattern of alleged wrongdoing by a Keystone State hospital that cost competitors $9 billion in special services funding, a proposed class of health care facilities told the Third Circuit on Tuesday in a bid to reinstate its Racketeer Influenced and Corrupt Organizations Act claim.

  • April 01, 2020

    Alaska, Oil Group Defend Trump Effort To Reverse Drilling Ban

    Alaska and an oil industry trade group told the Ninth Circuit that no statute bars the Trump administration from rescinding an Obama-era block on oil and gas drilling in large areas of the Arctic and Atlantic oceans.

  • April 01, 2020

    Honeywell Can't Pare Claims Over Air Conditioning Patents

    The Court of Appeal on Wednesday rejected a bid by Honeywell International to pare litigation brought by a Mexican chemical company seeking to revoke six of the American multinational’s patents covering refrigerants used in auto air conditioning systems.

Expert Analysis

  • Opinion

    Congress Must Bolster Bias Remedies After Comcast Ruling

    Author Photo

    The U.S. Supreme Court’s Comcast v. National Association of African American-Owned Media ruling still allows plaintiffs to fight summary judgment in discrimination cases, but Congress must step in to ensure their ability to win relief at trial, says Michael Lieder at Mehri & Skalet.

  • How Appellate Practitioners Can Adapt To Pandemic Measures

    Author Photo

    With public access to most federal courts of appeal restricted during the pandemic, some court deadlines will be more flexible, giving appellate practitioners some time to adjust to new requirements for electronic briefs and remote oral arguments, says Tim Droske at Dorsey & Whitney.

  • Confronting The Challenges Of Virtual Mediation

    Author Photo

    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • 3 Steps To Building Effective Teams While On Lockdown

    Author Photo

    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Opinion

    Pa. Asbestos Ruling Ignores Science And Hurts Defendants

    Author Photo

    The Supreme Court of Pennsylvania's recent decision in Roverano v. John Crane Inc., holding that asbestos diseases are incapable of apportionment, is unfortunate for defendants, as it disregards numerous scientific studies and the role of juries in asbestos cases, say Gregory McNamee and Erin Miter Scanlon at Goldberg Segalla.

  • NY Fraud Ruling Shows High Bar To Prove Director Liability

    Author Photo

    Although the New York Supreme Court Commercial Division's decision in Acacia Investments v. West End Equity I leaves the door open for recovery against entities that receive fraudulent transfers of assets, the ruling demonstrates the high bar for proving individual directors were at fault in fraudulent conveyance claims, say Robert Quirk and Muhammad Faridi at Patterson Belknap.

  • Client Advocacy Tips For Remote Hearings During COVID-19

    Author Photo

    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

    Author Photo

    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • Delaware Dole Ruling Will Guide Allocation In D&O Policies

    Author Photo

    In a dispute between Dole Food and certain excess insurers of a directors and officers insurance policy, the Delaware Supreme Court recently interpreted an explicit allocation provision and articulated a rule that will instruct both insurers and insureds, say Brian Scarbrough and Huiyi Chen at Jenner & Block.

  • A Guide To Zealously Representing Clients During COVID-19

    Author Photo

    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • The 1918 Flu Pandemic And High Court Jurisprudence

    Author Photo

    The five U.S. Supreme Court opinions related to the 1918 to 1919 flu pandemic make an eclectic mix, some hardly pertinent anymore and others, sadly, dealing with issues that could be litigated today, says Mark Jensen at Nutter.

  • Accidental Death Ruling Highlights Flaw In ERISA Deference

    Author Photo

    The First Circuit’s recent decision in Arruda v. Zurich American Insurance, overturning an award for accidental death insurance benefits, is another illustration of how the Employee Retirement Income Security Act’s deferential standard of review tends to favor defendants in employee benefit cases, says Mark DeBofsky at DeBofsky Sherman.

  • New FCA Ruling Revives Tools To Establish Falsity

    Author Photo

    The Ninth Circuit’s decision this week in U.S. v. Gardens Regional Hospital — addressing how and whether medical necessity, clinical judgments, subregulatory guidance and statistics can establish falsity under the False Claims Act — revitalizes important weapons for FCA enforcement, says Lon Leavitt at Halunen Law.

  • 7 Ways Attys Can Create The Right Home Office Environment

    Author Photo

    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • Calif. Noncompete Limits May Ease If Workers Have Counsel

    Author Photo

    Three years after the California Legislature added a carveout for counsel-represented employees to its Labor Code policy against noncompete agreements, the law is likely to develop in favor of contract freedom, rather than free competition, say Kurt Kappes and Mark Lurie at Greenberg Traurig.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!