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Appellate

  • April 25, 2019

    Pa. Lawyer Says Appellate Judges' Opinion Was Defamatory

    A Philadelphia attorney has sued three Pennsylvania superior court judges for defamation over a 2018 opinion concerning legal fees, claiming the panel shouldn't have the usual judicial immunity because it lacked jurisdiction to question his credibility.

  • April 25, 2019

    1st, 5th Circuits Back FBI Malware Warrant In Child Porn Case

    The First and Fifth Circuits in separate rulings have refused to toss evidence the FBI gathered using malware about suspects in a massive child pornography sting, joining seven sister circuits in finding that law enforcement had obtained in good faith the sweeping warrant that authorized the investigative tactic.

  • April 25, 2019

    Split 9th Circ. Revives FAA Job Applicant’s FOIA Bid

    A split Ninth Circuit panel on Wednesday revived a would-be air traffic controller's Freedom of Information Act suit against the Federal Aviation Administration, ruling that the documents sought by the unsuccessful job applicant aren't exempt from release just because they were generated by a third-party consultant.

  • April 25, 2019

    11th Circ. Affirms JPMorgan's Escape From FCRA Suit

    The Eleventh Circuit Thursday affirmed the tossing of a putative consumer class action alleging JPMorgan Chase failed to adequately investigate the accuracy of the information it gave to credit reporting agencies, finding that the bank submitted only true information.

  • April 25, 2019

    7th Circ. OKs Insurer's Win In $5M Med Mal Coverage Suit

    The Seventh Circuit on Thursday cleared an insurance company accused of improperly rejecting a proposed $1 million settlement of a medical malpractice suit against a surgery center that later resulted in a $5.2 million jury award, saying that both the center and the insurer believed the case was winnable.

  • April 25, 2019

    Calif. Court Rejects Arbitration Bid In Hotel Firing Suit

    A California appeals court has affirmed a lower court's denial of Carneros Resort and Spa's bid to force arbitration of a former worker's claims that he was wrongfully fired after raising concerns about the hotel's water use and Americans with Disabilities Act compliance.

  • April 25, 2019

    2nd Circ. Says Fed. Courts Can Hear ICE Retaliation Claims

    The Second Circuit on Thursday held that federal courts may weigh whether U.S. Immigration and Customs Enforcement can target immigrants in retaliation for public speech under the First Amendment, halting the deportation of a prominent New York City immigrant activist who had spoken out against the agency.

  • April 25, 2019

    Hospital Lost 'Per Se' Antitrust Gamble, 6th Circ. Rules

    A Sixth Circuit panel ruled Thursday that an Ohio hospital lost a gamble that it could win an antitrust case by showing that rival Dayton-area hospitals plotted to shut it down without also having to show that harm from the alleged conspiracy outweighed the potential benefits to the local market.

  • April 25, 2019

    2nd Circ. Disability Bias Revamp Raises ADA Bar For Workers

    The Second Circuit recently aligned its legal standard for workers looking to prove workplace disability bias under the Rehabilitation Act and its test for assessing employees' Americans with Disabilities Act claims, a decision that experts say makes it easier for workers to pursue suits under the former but harder under the latter.

  • April 25, 2019

    11th Circ.'s OK Of $29M Award Confirms Outlier Status

    The Eleventh Circuit this week stood by its controversial approach to only vacate international arbitral awards issued in the U.S. using international standards, one that is unique among U.S. circuit courts and, some argue, makes enforcing such awards more straightforward.

  • April 25, 2019

    Insurer Must Face Claim Over Water Damage To NJ Home

    A New Jersey appeals court on Wednesday breathed new life into a homeowner’s suit seeking coverage for damage caused by a burst municipal water main, ruling that his claim is not barred by a water damage exclusion in his homeowner’s insurance policy.

  • April 25, 2019

    ZTE Prevails At 9th Circ. In Wireless Contract Battle

    The Ninth Circuit held on Thursday that Florida law bars cellphone provider NTCH-WA from bringing breach of contract claims against ZTE over a wireless network deal in Washington because a Florida federal court already confirmed an arbitration award in ZTE's favor in a related case.

  • April 25, 2019

    Nursing Home Must Face Bedsore Death Suit, Court Says

    A nursing home must face claims it allowed a patient’s bedsore to get so bad that it killed him, a Texas appeals court ruled Wednesday, saying a doctor serving as a witness for the man’s widow passed muster.

  • April 25, 2019

    ERISA Trumps NJ Suit Over Actuary Services, Court Says

    A New Jersey state appeals court on Thursday affirmed that two companies’ negligence lawsuit against an actuary and his firms is preempted by the Employee Retirement Income Security Act because the claims "relate to" employee benefits as defined by the federal law.

  • April 25, 2019

    Former Bank Can't Sue Over Bad Rating, 7th Circ. Affirms

    The Seventh Circuit on Thursday found a former bank can’t recover money it allegedly overpaid for insurance after a negative financial rating, saying Builders NAB LLC can’t “litigate haphazardly” and expect to be “bailed out” at the appellate court.

  • April 25, 2019

    6th Circ. Affirms Suit Funder Can’t Get Cash From Burn Victim

    The Sixth Circuit on Thursday affirmed a Kentucky federal court’s ruling that an agreement by a company to fund litigation initiated by a man who claimed he was harmed by an exploding gas canister violates state laws that prohibit such deals.

  • April 25, 2019

    Cashed Royalty Checks Don’t Kill Eagle Ford Lease Fight

    A Texas appeals court said that an Eagle Ford Shale landowner's decision to deposit royalty checks from Petrohawk Operating Co. didn't bar her from challenging the drilling company's move to pool her lease with others in violation of her contract.

  • April 25, 2019

    Fla. Gov. Appoints 2 To Appeals Court In Miami

    Florida Republican Gov. Ron DeSantis appointed Miami-Dade Circuit Court Judge Monica Gordo and Assistant State Attorney Fleur Lobree on Thursday to fill two vacant seats on the Third District Court of Appeal, marking the first time the appellate court has had four women on the bench.

  • April 25, 2019

    Ex-Worker's Retirement Benefits Can Be Prorated: 2nd Circ.

    The Second Circuit on Thursday rejected a former Thalle Construction Co. Inc. project engineer’s challenge to a trial court decision awarding him less than half the retirement benefits he claimed to be owed, ruling the lower payout was correct because he left the company before he retired. 

  • April 25, 2019

    Dollar Tree Not Liable For Peeping Worker, Calif. Panel Says

    A California appeals court has affirmed the dismissal of a suit from several women accusing Dollar Tree of negligently hiring a man who filmed female customers and employees in a restroom, saying it could not have foreseen the employee's criminal conduct.

Expert Analysis

  • Prickly Jurisdiction Issues Concern Justices In Trust Tax Case

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    The seemingly simple due process issue argued before the U.S. Supreme Court last week in North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust nevertheless elicited numerous intricate questions from the justices regarding a state's taxing authority, says Michael Bowen of Akerman.

  • Emulex Highlights Greater Scrutiny Of Issues At High Court

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    A brief review of the procedural history of Emulex v. Varjabedian, and the circumstances giving rise to the U.S. Supreme Court’s abrupt dismissal of the case Tuesday, may provide useful insights for future petitioners seeking the court’s review, say attorneys with Labaton Sucharow.

  • Justices' Asbestos Decision Poses Fair Notice Problem

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    In Air & Liquid Systems Corp. v. DeVries, the U.S. Supreme Court recently ruled that manufacturers may have a duty to warn customers about other companies' products. But a duty announced a half-century after it was allegedly breached challenges fundamental notions of fairness underlying our legal system, says Mitchell Morris of Butler Snow.

  • The M&A Aftermath Of High Court's Emulex Punt

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    The U.S. Supreme Court's decision Tuesday to dismiss Emulex v. Varjabedian leaves behind a great deal of confusion in the federal securities laws governing corporate mergers and acquisitions, and there are at least three important consequences, says Lyle Roberts of Shearman & Sterling.

  • Opinion

    Colo. High Court Should Affirm Existing Tax Reporting Regime

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    The Colorado Department of Revenue’s arguments regarding the state's corporate combined reporting provision — heard in the Agilent and Oracle cases earlier this month — are undermined by the department’s own regulation and should be rejected by the Colorado Supreme Court, say Jonathan Bender and Christina Gomez of Holland & Hart.

  • Gov't Contractors, Be Prepared For FCA Parallel Proceedings

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    The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

  • Illinois Courts Will Continue To Interpret BIPA Broadly

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    Against the backdrop of the Illinois Supreme Court's Biometric Information Privacy Act opinion in Rosenbach v. Six Flags, an Illinois appellate court's recent decision in Liu v. Four Seasons reinforces that companies must carefully design and implement stringent BIPA policies to protect against class actions and related liability, say attorneys with Eversheds Sutherland.

  • Justice Department's ACA Reversal Raises FCA Questions

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    The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • Measles Vaccine Mandates Have Strong Legal Footing

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    In response to the recent measles outbreak, more cities and states are expected to follow New York City's lead with orders for mandatory measles vaccinations, and challenges to those orders are unlikely to be successful, say Michael Hoernlein and Rebecca Gauthier of Alston & Bird.