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Appellate

  • August 17, 2018

    Gay Parent's Partner Is Deceased Child's Family: NJ Court

    The New Jersey Appellate Division ruled Friday that the bond between a child and his gay parent’s partner constitutes the familial relationship needed to support an emotional distress claim stemming from a death, issuing a published decision that revived a case against the city of Trenton over a toddler who was fatally struck by a truck.

  • August 17, 2018

    DC Circ. Vacates EPA Delay Of Chemical Safety Rule

    The D.C. Circuit on Friday threw out the U.S. Environmental Protection Agency’s 20-month delay of the effective date of an Obama-era chemical disaster rule written in the aftermath of fatal industrial accidents, saying the federal government’s actions “make a mockery of the statute.”

  • August 17, 2018

    Amid Assault Case, Maine DA Candidate Loses Bar Suit

    A candidate for district attorney in Maine lost a wide-ranging suit on Thursday in the state’s high court against bar officials and others over the suspension of his license, even as he faced possible disbarment and an ex-client who says he assaulted her.

  • August 17, 2018

    Legal Waiver Doesn't Bar Pregnancy Bias Suit, 6th Circ. Says

    The Sixth Circuit on Thursday revived a sales worker’s pregnancy and pay bias suit that was filed despite her having agreed to waive legal claims on her last day of work, ruling Title VII and Equal Pay Act claims are not subject to a common law doctrine governing whether contracts signed under duress can be revoked.

  • August 17, 2018

    2nd Circ. Won't Revive Madoff 'Feeder Fund' Class Action

    A three-judge panel of the Second Circuit rejected an effort by investors in two so-called feeder funds that were linked to Bernie Madoff’s fraudulent investment scheme to revive their class action against the funds’ managers, auditors, consultant and administrator, ruling Friday that a lower judge was right to dismiss the case.

  • August 17, 2018

    Fed. Circ. Rejects Tribe's $200M Water Suit Against Gov't

    The Federal Circuit on Friday upheld a decision to toss the Crow Creek Sioux Tribe’s suit seeking $200 million from the federal government for allegedly mismanaging the tribe’s water, saying the tribe hadn’t shown that the government had hurt the tribe’s ability to get the water needed for its South Dakota reservation.

  • August 17, 2018

    6th Circ. Revives Compressor Co.'s TCPA Class Action

    The Sixth Circuit revived a Telephone Consumer Protection Act class action brought over spam faxes sent to a car compressor company by a finance company that targeted manufacturers, ruling that a reasonable juror could find that the ads were sent "on behalf of" the financial firm.

  • August 17, 2018

    Mass. Court Says Wells Fargo Can't Sue To Shield Foreclosure

    The Massachusetts Appeals Court on Friday affirmed that Wells Fargo Financial Massachusetts Inc. could not use its own contract concerns and an uptick in litigation challenging dispossessions to get the court's hypothetical blessing to foreclose on homeowners before actually attempting to evict them.

  • August 17, 2018

    Parents' Role In Calif. Immigration Custody Rows Clarified

    A parent does not need to be joined as a party in a civil custody action that includes a bid for certain immigration findings for the case to proceed in California, as long as the individual received adequate notice of the proceedings, the state's highest court ruled on Thursday.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 17, 2018

    US Gov't Tells High Court Wash. Tribe Must Pay Fuel Tax

    The U.S. Department of Justice has filed an amicus brief urging the U.S. Supreme Court to find that a Native American tribe should be subject to the state of Washington's fuel tax when importing that product onto its reservation.

  • August 16, 2018

    Confidential Docs Show Kavanaugh Misled Panel, Dems Claim

    Documents recently turned over to the Senate Judiciary Committee indicate that Judge Brett Kavanaugh “misled” lawmakers during his 2006 confirmation hearing for the D.C. Circuit judgeship about his knowledge of the Bush administration’s torture policies, top Senate Democrats alleged Thursday.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Equitable Mootness Applies In Ch. 9 Cases, 11th Circ. Says

    The Eleventh Circuit handed a group of Jefferson County, Alabama, sewer ratepayers a loss Thursday when it ruled that equitable mootness applies to Chapter 9 bankruptcy and extinguished their appeal of a bankruptcy confirmation plan for the county.

  • August 16, 2018

    Texas Court Revives Patient's Liver Biopsy Injury Suit

    Following a rehearing, a Texas appellate court revived a suit accusing Houston Methodist Hospital of being responsible for injuries a woman suffered after her artery was nicked during a liver biopsy, saying Thursday the patient’s medical expert reports were flawed but potentially fixable.

  • August 16, 2018

    VA Agent Orange Policy Fight To Get Full Fed Circ. Hearing

    The full Federal Circuit on Thursday agreed to consider whether the U.S. Department of Veterans Affairs has wrongly excluded “blue water” Navy veterans from benefits related to exposure to the notorious defoliant Agent Orange during the Vietnam War, roughly a decade after a court panel had backed the agency's stance.

  • August 16, 2018

    8th Circ. Voids Tax Court Ruling In $1.36B Medtronic Case

    The Eighth Circuit struck a blow Thursday to Medtronic Inc. in its $1.36 billion dispute with the Internal Revenue Service, vacating a favorable U.S. Tax Court decision after finding that the judge in the case had not justified the pricing.

  • August 16, 2018

    Tax Groups Urge Court To Find Wash. Tribe Must Pay Fuel Tax

    Two tax organizations filed an amicus brief with the Supreme Court Thursday, urging the court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when operating outside its reservation.

  • August 16, 2018

    Texas Court Won't Revive Hunt Heir Mortgage Fraud Case

    A Texas appeals court has handed a win to Hunt Petroleum Corp. heir Albert G. Hill III, ruling the trial court in his mortgage fraud case was within its discretion to compel the then-district attorney to testify and to dismiss the case with prejudice after he refused.

  • August 16, 2018

    Miss. High Court Won't Let Google Slip Student Privacy Suit

    Mississippi's highest court has refused to entertain Google's challenge to a ruling that kept alive a suit lodged by the state's attorney general over the tech giant's allegedly unlawful collection and use of public school students’ personal information, a conclusion that was met with opposition by the court's chief justice. 

Expert Analysis

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.