Appellate

  • May 28, 2024

    Deutsche Bank Wins Conn. Appeal In Battle With Billionaire

    Deutsche Bank AG can continue to fight one prong of its sprawling, decade-long legal battle against billionaire Alexander Vik and his daughter as it seeks to satisfy a $243 million judgment rendered in the United Kingdom, the Connecticut Supreme Court ruled Tuesday.

  • May 28, 2024

    Gorsuch Unhappy Court Won't Rethink Jury Size Precedent

    In a strongly worded dissent Tuesday, Justice Neil Gorsuch said the U.S. Supreme Court needs to rethink precedent that "made the unthinkable a reality" by permitting juries of fewer than 12 people to decide cases involving serious criminal offenses.

  • May 28, 2024

    Fla. Health Co. Can't Nix Punitive Damages In Med Mal Suit

    A Florida appeals court won't strike a bid for punitive damages in a suit alleging an Orlando Health surgeon botched an appendectomy, saying there's sufficient evidence to justify the claim and that the hospital network is liable for the surgeon's hiring and retention.

  • May 28, 2024

    9th Circ. Won't Touch IRS Bid For Tax Liability On Bookie

    A bookie who pled guilty to helping run an illegal sports gambling ring out of Peru can't escape his ensuing $100,000 tax liability under a Ninth Circuit ruling that declined to expunge his conviction after he argued the taxes are disproportionately punishing.

  • May 28, 2024

    Justices Pass On Fight Over FERC Power Market Cap Rule

    The U.S. Supreme Court on Tuesday declined to review a D.C. Circuit decision backing the Federal Energy Regulatory Commission's change of bidding practices for electricity capacity auctions run by PJM Interconnection, the nation's largest regional grid operator.

  • May 28, 2024

    High Court Won't Hear Case Over Fed. Circ.'s 1-Line Orders

    The U.S. Supreme Court on Tuesday shot down a bid for review from a businesswoman behind a small printing company challenging the Federal Circuit's practice of issuing one-sentence Rule 36 orders.

  • May 28, 2024

    High Court Won't Hear Pilot HOA's Rail Easement Case

    The U.S. Supreme Court has declined to hear a request from an Alaska homeowners association made up of pilots to review a Ninth Circuit decision giving a railroad control of an easement cutting into an airstrip for an airplane-centric subdivision.

  • May 28, 2024

    Justices Will Review EPA's 'Vague' SF Water Pollution Regs

    The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.

  • May 24, 2024

    Fla. Bar Seeks Longer Penalty Over Atty's Campaign Speech

    In a notice filed with the Florida Supreme Court on Wednesday, the Florida Bar said it would seek a 91-day suspension for Georgia-based attorney Christopher W. Crowley, rather than a recommended 60-day suspension after a referee said Crowley disparaged Amira Fox several times when both were running for 20th Judicial Circuit state attorney. 

  • May 24, 2024

    Apple Can't Wipe Out 2 Fintiv Mobile Wallet Patents At PTAB

    Apple wasn't able to persuade a panel of administrative patent judges to invalidate any language in a pair of patents issued to the founder of a failed cloud-based mobile financial services startup.

  • May 24, 2024

    GE Immune From Navy Member's Cancer Suit, 3rd Circ. Says

    The Third Circuit on Friday declined to revive a suit seeking to hold General Electric liable for failing to warn a deceased U.S. Navy veteran about asbestos risks at a government nuclear facility, ruling that derivative sovereign immunity bars the suit's claims.

  • May 24, 2024

    Red States Target Blue States In Push To End Climate Torts

    A novel red-state request that the U.S. Supreme Court nix climate change torts brought by state governments against fossil fuel companies can be seen as an attempt to urge the justices not to pass up another opportunity to weigh in on the issue, legal experts told Law360.

  • May 24, 2024

    11th Circ. Lets Carnival Passenger Pursue Pain Damages

    The Eleventh Circuit on Friday granted a Carnival Cruise passenger's bid for a new trial seeking damages stemming from her falling out of a wheelchair while disembarking a ship, agreeing that the movant's previous jury award for medical expenses is inadequate without a nominal award for pain and suffering.

  • May 24, 2024

    5th Circ. Clears Co. In Case That Sparked NLRB Remedy Shift

    The Fifth Circuit on Friday vacated a National Labor Relations Board order finding an ad software company violated federal labor law by laying off workers without bargaining with a union, but did not weigh in on the legality of the expanded remedies that the board used the case to adopt. 

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    No-Show Plaintiff, 'Jackass' Atty Booted Too Fast, Court Says

    A Michigan appellate court sympathized with a trial court dealing with a no-show plaintiff and his lawyer who acted like a "jackass" — according to one appellate judge — but ruled Thursday that the trial court needed to do a better job documenting why it tossed the case instead of issuing a lesser sanction.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    Ohio Justices Say Regulator Must Take Freezing Death Case

    An Ohio trial court cannot hear a lawsuit seeking to hold Dominion Energy liable for a woman's freezing death after her natural gas was shut off, the state Supreme Court ruled Friday, reasoning the matter belongs before the state's utilities regulator because the shutoff was an act authorized by the utility.

  • May 24, 2024

    NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit

    A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.

  • May 24, 2024

    Florida Urges Quick Appeal Of Wetlands Permitting Decision

    The state of Florida has pushed to expedite its appeal of a lower court ruling that stripped the state of its federally delegated authority to permit wetlands development after the D.C. Circuit declined to pause the ruling's implementation earlier this week.

  • May 24, 2024

    Green Groups Lose In California Fish Protection Lawsuit

    The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

  • May 24, 2024

    5th Circ. Again Upholds Engineers' OT Win

    A Fifth Circuit panel on Friday backed for the second time a lower court's ruling that two engineers receiving a weekly minimum salary as part of their compensation package were not overtime-exempt and sent the case back to the district court to determine damages awards.

  • May 24, 2024

    Mich. Trampoline Park Defeats Jumper's Quadriplegia Suit

    Michigan appellate judges have reversed a lower court's refusal to end a negligence suit by a patron who became quadriplegic after landing on his neck at an indoor trampoline park while performing a flip, finding no dispute the patron was at least half responsible since he was intoxicated. 

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    US Cos. Call On Fed. Circ. To Restore Chinese Plywood Duties

    A U.S. plywood group is urging the Federal Circuit to unwind five U.S. Court of International Trade remands that shrank a Chinese competitor's anti-dumping duties from 183.36% to nothing, saying the court forced the government to accept unreliable data.

Expert Analysis

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • What Calif. Eviction Ruling Means For Defaulting Borrowers

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    A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Court Clerk Error Is No Excuse For A Missed Deadline

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    Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.

  • Circuit Split Brews Over Who's A Securities Seller Under Act

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    A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.

  • Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent

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    The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.

  • Banks Have Won Syndicated Loan Battle, But Not The War

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    Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Trending At The PTAB: Permissible New Reply Arguments

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    In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • A Deep Dive Into High Court's Permit Fee Ruling

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    David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.

  • Opinion

    The Case For Overturning Florida Foreclosure Ruling

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    A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.

  • McKesson May Change How AKS-Based FCA Claims Are Pled

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    The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.

  • Fed. Circ. Defines Foreign IP Damages, Raises New Questions

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    In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.

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