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Appellate

  • January 18, 2019

    1st Circ. Sides With NPR In Push For Juror Addresses

    A First Circuit panel ruled Friday that the media should be allowed access to juror names and addresses after a trial concludes, siding with a National Public Radio station in Boston that was denied that information after the conviction of New England Compounding Center pharmacist Glenn Chin.

  • January 18, 2019

    Fed. Circ. To Remain Open During Shutdown

    The Federal Circuit said in an order published on Friday that it would remain open during the partial government shutdown, with all deadlines remaining in place and all oral arguments proceeding as scheduled, as the federal courts brace themselves to run out of available funds within the coming days.

  • January 18, 2019

    Retailers Slam DC Circ. Appeal In Centerplate Receipt Row

    Groups representing retailers and the franchise industry have urged the D.C. Circuit to toss a consumer's appeal of a lower court ruling that dismissed her proposed Fair and Accurate Credit Transactions Act class action against sports concessionaire Centerplate Inc., arguing that such suits unnecessarily threaten businesses.

  • January 18, 2019

    Miss. Justices Say KPMG Can't Arbitrate County’s Audit Row

    The Mississippi Supreme Court has ruled KPMG LLP can't kick to arbitration a county's suit over an $88 million accounting error, the latest event in a larger battle relating to the underfunding of an employee pension plan for a county-owned hospital system.

  • January 18, 2019

    Appellate Group Of The Year: Williams & Connolly

    Williams & Connolly LLP’s Supreme Court and appellate practice group tallied up an impressive series of wins over the last year, including presenting oral arguments in three cases before the U.S. Supreme Court and representing the prevailing parties in several of the most significant appellate victories in the country, earning it a place among Law360’s 2018 Appellate Groups of the Year.

  • January 17, 2019

    1st Circ. Nixes Ex-Puerto Rican Senator's Bribery Conviction

    The First Circuit on Thursday focused on the term “benefits” in overturning a jury's bribery convictions of a former Puerto Rican senator and a private security company's ex-president in a case that has gone to the U.S. Supreme Court and reshaped double jeopardy law in the process.

  • January 17, 2019

    NJ Atty Ducks Malpractice Suit Over Real Estate Proceeds

    A New Jersey state appeals court on Thursday refused to revive a malpractice action against an attorney over claims he mishandled proceeds from a real estate sale that were meant to pay off a mortgage, rejecting the buyer’s argument that a trial court improperly instructed jurors who ultimately sided with the lawyer.

  • January 17, 2019

    Calif. Justices To Hear Tire Center Wage-And-Hour Suits

    The California Supreme Court agreed to consider whether Certified Tire and Service Centers Inc. employees were bilked out of enhanced pay under the company’s system of rewarding them only for certain types of work, according to a brief filing Wednesday.

  • January 17, 2019

    Citizenship Question Deposition Not Needed, Justices Told

    The U.S. Supreme Court should toss an inquiry over whether Commerce Secretary Wilbur Ross may be deposed over his role in adding a citizenship question to the 2020 census and over the allowable extent of related discovery, as a New York federal court has nixed the question, coalitions of states and immigration organizations told the high court Thursday.

  • January 17, 2019

    Pension Fund Defends Liability Math In Fight With NY Times

    A trial court overstepped when it nixed an arbitrator's decision upholding the use of a formula that The New York Times Co. said inflated its pension withdrawal liability to calculate how much the company owed, the Times' deliverers' pension fund told the Second Circuit.

  • January 17, 2019

    Del. Justices OK Spinoff's Escape Of Enviro Co.'s $1.6M Suit

    The Delaware Supreme Court ruled Thursday that the Chancery Court correctly tossed a $1.6 million insurance liability suit brought by environmental cleanup firm US Ecology Inc. against the buyer of its spun-off subsidiary, agreeing the sale contract didn't include repayment obligations for noncovered insurance costs.

  • January 17, 2019

    Feds Say Indian Child Welfare Law Must Stand

    The federal government has told the Fifth Circuit that a lower court wrongly declared the Indian Child Welfare Act unconstitutional, saying that the ruling went against longstanding precedent and that several of the law’s provisions could have been severed without striking down the entire law.

  • January 17, 2019

    Industry, Utah Urge DC Circ. To Uphold EPA Permit Order

    PacifiCorp, Utah and an industry group on Wednesday told the D.C. Circuit that environmentalists can't sustain claims that a U.S. Environmental Protection Agency order instituted a nationally applicable change to the way certain Clean Air Act permits are issued without proper public notice and comment.

  • January 17, 2019

    5th Circ. OKs $20.5M Award In YouTube Channel Profits Row

    The Fifth Circuit on Wednesday upheld a $20.5 million verdict in a partnership dispute over profits from a YouTube channel focused on video games, rejecting an argument from two partners in the channel that the lower court never had jurisdiction to hear the case.

  • January 17, 2019

    Construction Cos. Not Liable For Fatal Crash, NJ Court Says

    A New Jersey appeals court on Thursday said it would not revive a lawsuit seeking to hold a pair of construction-related firms liable for a fatal traffic collision, saying it is clear the companies should not face consequences for the actions of the driver.

  • January 17, 2019

    Nonprofits Defend Gov't Use Of AIA Reviews At High Court

    The Electronic Frontier Foundation and R Street Institute on Wednesday jumped into a U.S. Supreme Court case to defend the government’s use of America Invents Act reviews, arguing the U.S. Postal Service was rightly viewed as a "person" when it challenged a patent at the Patent Trial and Appeal Board.

  • January 17, 2019

    4th Circ. Says Cities Can't Sue DOD Over Gun Check Info

    New York City, San Francisco and Philadelphia have no legal standing to sue the U.S. Department of Defense to force it to improve its compliance with obligations to report information on convicted service members to a federal database used for gun background checks, the Fourth Circuit has ruled.

  • January 17, 2019

    Net Neutrality Oral Args To Proceed Despite Shutdown

    Upcoming oral arguments will proceed as planned in the case over net neutrality deregulation, the D.C. Circuit ruled Thursday, denying the Federal Communications Commission’s request to delay the event due to the government shutdown.

  • January 17, 2019

    Fed. Circ. Won't Halt Patent Appeal During Gov't Shutdown

    The Federal Circuit on Thursday denied the federal government’s bid to delay oral arguments in an appeal of a Patent Trial and Appeal Board decision upholding the validity of an electronic trading patent, despite arguments that Justice Department attorneys could not attend because of the ongoing government shutdown.

  • January 17, 2019

    Liberty's Win In Crash Suit Was Legit, NJ Panel Says

    A New Jersey appeals court ruled Thursday that there is no reason to disturb a jury’s verdict that Liberty Insurance Corp. is not liable to a customer who claimed he had ongoing injuries from a crash with an underinsured motorist.

Expert Analysis

  • The US Biosimilars Patent Litigation Outlook For 2019

    Joshua Whitehill

    After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels LLP.

  • High Court's Emulex Issue Is Narrower Than Some Suggest

    Corban Rhodes

    Some have seen the U.S. Supreme Court’s recent decision to hear Emulex v. Gary Varjabedian as an opportunity to deny investors any ability to bring claims under Section 14(e) of the Securities Exchange Act. This effort is misguided for several reasons, say Corban Rhodes and Anna Menkova of Labaton Sucharow LLP.

  • FSIA: The Other Mystery In Mueller Subpoena Case

    Kristina Arianina

    The conversation surrounding the grand jury subpoena case related to Special Counsel Robert Mueller's investigation focuses on the “mysterious” corporation. Of broader importance, the proceedings probed the mysterious area of criminal immunity under the Foreign Sovereign Immunities Act, says Kristina Arianina of Squire Patton Boggs LLP.

  • 5 Fraud Insurance Decisions Sure To Shape 2019

    Patricia Carreiro

    Last year, the circuit split on computer fraud insurance coverage continued, with courts slightly favoring coverage for phishing scams, but oversimplifying those decisions into a simple coverage versus no-coverage distinction would be a mistake, says Patricia Carreiro of Axinn Veltrop & Harkrider LLP.

  • Hospitals Have Hope As Justices Mull Medicare Case

    Mark Polston

    U.S. Supreme Court oral arguments in Azar v. Allina Health Services seemed to favor a ruling that could mean billions of dollars in additional Medicare payments to many hospitals. But the case also could significantly affect Centers for Medicare & Medicaid Services operations, say Mark Polston and Matthew Horton of King & Spalding LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From Fed. Circ. Hatch-Waxman IPR Case

    Gerald Flattmann

    The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • Opinion

    Time For High Court To Clarify Standing For IPR Appeals

    Charles Macedo

    The U.S. Supreme Court should agree to review the Federal Circuit’s standing jurisprudence in JTEKT v. GKN, and confirm a “dissatisfied” petitioner’s right to challenge an inter partes review decision, as set forth by Congress, say attorneys with Amster Rothstein & Ebenstein LLP.