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Appellate

  • November 9, 2018

    6th Circ. Clears McDonald's Staffing Co. Of Hispanic Bias

    The Sixth Circuit ruled Friday that a trial court correctly nixed a suit brought by two Hispanic employees of a McDonald’s staffing provider alleging they were illegally forced to perform menial tasks that non-Hispanic workers didn’t have to do and were illegally reprimanded for speaking Spanish in the workplace.

  • November 9, 2018

    Newly Blue Texas Appeals Courts Could Benefit Plaintiffs

    The election of more than two dozen Democratic judges to Texas' Republican-dominated intermediate courts of appeal in the midterm elections could mean litigants will see more deference to trial court judgments and more consumer-friendly rulings, experts say.

  • November 9, 2018

    New York City Asks 2nd Circ. To Revive Climate Suit

    New York City on Thursday asked the Second Circuit to revive its suit seeking to hold Exxon Mobil Corp., BP PLC and other oil giants accountable for the cost of climate change-related infrastructure damage.

  • November 9, 2018

    Metal Band Drummer Loses DQ Appeal Targeting Guitarist Atty

    The former drummer for glam metal rockers Ratt can’t stop the music on the ex-lead guitarist’s relationship with his current lawyer, a California appeals court said Thursday.

  • November 9, 2018

    High Court Sets Stage For Cert Orders In Title VII Cases

    The U.S. Supreme Court will decide as soon as Nov. 30 whether to hear a trio of closely watched discrimination cases that ask the justices to decide if Title VII’s ban on sex discrimination protects gay and transgender employees.

  • November 9, 2018

    3rd Circ. OKs 60-Month FCPA Sentence In $3.5M Bribery Case

    The Third Circuit has rejected arguments that the ultimate economic benefit of two Russian energy projects advanced through bribes from Philadelphia-area businessman Dmitrij Harder should have been considered a mitigating factor as Harder was sentenced to a 60-month prison term for violations of the Foreign Corrupt Practices Act.

  • November 9, 2018

    Homeopathic Co. Beats Consumer's Sugar Pill Claims

    A three-judge panel in the Ninth Circuit has sided with Boiron Inc., affirming its victory in a suit brought by buyers who claimed the company’s homeopathic pills did not provide relief for flu symptoms and that the company falsely advertised the pills’ capabilities.

  • November 9, 2018

    Ginsburg Home From Hospital After Cracking 3 Ribs In Fall

    Justice Ruth Bader Ginsburg has been discharged from the hospital and is "doing well" after suffering three fractured ribs in a fall Wednesday evening, U.S. Supreme Court spokeswoman Kathleen Arberg said in a statement Friday morning.

  • November 9, 2018

    'Church Plan' Cases After Advocate Health: A Cheat Sheet

    More than a year after the U.S. Supreme Court extended the Employee Retirement Income Security Act's religious exemption to benefit plans maintained by church affiliates, lower courts continue to grapple with exactly what the ruling means for so-called church plans.

  • November 8, 2018

    Mueller Lacks Authority, Roger Stone Aide Tells DC Circ.

    Special Counsel Robert Mueller can’t call witnesses in the Russia investigation because he lacks authority under the law, an aide to GOP political operative Roger Stone told the D.C. Circuit on Thursday in challenging a subpoena from the prosecutor's office.

  • November 8, 2018

    9th Circ. Delays Kids' Climate Change Trial Against Gov't

    A high-profile lawsuit brought by children accusing the federal government of causing climate change hit its latest roadblock Thursday when the Ninth Circuit stayed an already-delayed trial in the case, marking the latest twist for the potentially landmark suit that was recently reviewed by the U.S. Supreme Court.

  • November 8, 2018

    Helsinn Tells Justices Teva 'Badly Misconstrues' On-Sale Bar

    Helsinn on Thursday filed its final brief ahead of oral arguments next month in a U.S. Supreme Court case over the on-sale bar in patent cases, arguing that Teva’s interpretation “badly misconstrues” the America Invents Act.

  • November 8, 2018

    Ore. Justices Reject Starbucks' Bid To End Baristas' Wage Suit

    The Oregon Supreme Court refused Thursday to grant Starbucks Corp.'s request to end a case brought by former baristas who claim the coffee behemoth engaged in wage theft, ruling that the claims are better suited to trial and appellate courts.

  • November 8, 2018

    4th Circ. Urged To Nix $7.1M Award Over Baby's Brain Injury

    The federal government asked the Fourth Circuit on Thursday to toss a West Virginia federal judge's $7.1 million award in a suit accusing a federally employed doctor of botching a newborn’s treatment that caused brain damage, saying the award should have been reduced because of a previous settlement.

  • November 8, 2018

    Bombardier Can Keep Software Secret In Fatal Crash Case

    A Texas appeals court on Thursday sided with Kongsberg Inc. and Bombardier Recreational Products Inc. in their bid to keep private their trade-secret software programs in a suit over a fatal three-wheel motorcycle crash, deciding the programs were not essential to the case.

  • November 8, 2018

    Polluter Jailed Under CWA Tells High Court Act Is Vague

    A man who was jailed for polluting a Montana tributary in violation of the Clean Water Act's permitting requirement has told the U.S. Supreme Court the law remains unclear on which bodies of water are covered under its protections and that his case should be reviewed.

  • November 8, 2018

    9th Circ. Won't Revisit Ruling On VA Compensation For Tribe

    The Ninth Circuit on Thursday refused a Native American tribe’s request that it review a circuit panel ruling that it has no jurisdiction over government health care cost reimbursements for the tribe’s veterans.

  • November 8, 2018

    Valero Urges DC Circ. To Reverse EPA Fuel Blend Guidance

    Valero Energy Corp. asked the D.C. Circuit Court of Appeals on Thursday to overturn an Environmental Protection Agency decision that the company says runs afoul of the Clean Air Act by not fully reviewing the impact of the agency’s renewable fuel program on affected parties.

  • November 8, 2018

    Texas Supreme Court Justice Johnson Retires 2 Years Early

    Texas Supreme Court Justice Phil Johnson, who has sat on the court for 13 years, will retire from the bench at the end of the year, he announced Thursday afternoon.

  • November 8, 2018

    Fla. High Court Nixes Firefighters' Appeal Of Gov.'s Raise Veto

    The Florida Supreme Court on Thursday said it should not have taken up a firefighters' union's challenge to Gov. Rick Scott's veto of a 2015 budget appropriation that would have given them a raise, leaving in place an appellate decision upholding the governor's veto.

Expert Analysis

  • Has The 11th Circ. Become Consumer-Friendly?

    Austin Whitten

    Based on the Eleventh Circuit's recent interpretation of Spokeo in Muransky v. Godiva Chocolatier, Austin Whitten of Pittman Dutton & Hellums PC examines whether the venue may be the most favorable for plaintiffs with consumer protection claims where no “actual” damages are alleged.

  • What Montrose Means For Multilayered Insurance In Calif.

    Robert Anderson

    The California Court of Appeal's recent decision in Montrose v. Superior Court, which held that trial courts deciding coverage cases that involve multiple layers of insurance must analyze each policy, is unsurprising given the California Supreme Court's analysis in similar cases, though some inconsistencies may need to be addressed, say Robert Anderson and Gary Spencer of The Anderson Edge.

  • When Regulatory Standards And Truth In Advertising Collide

    Terri Seligman

    The Ninth Circuit's decision in Durnford v. MusclePharm Corp. — like two other recent decisions — highlights the balancing act between regulatory standards and truth-in-advertising principles. Compliance with standards doesn't always mean advertisers are in the clear, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Evaluating Obesity As An Impairment At Wash. High Court

    Tina Tellado

    The Washington Supreme Court's eventual decision in Taylor v. Burlington Railroad Holdings is likely to have far-reaching effects that will inform how employers and employees approach weight-based discrimination issues in the workplace and during the prehiring process, say Tina Tellado and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • 2 Possible High Court Approaches To Tribe Tax Dispute

    Catherine Munson

    Based on last week's oral arguments in Washington v. Cougar Den, it's likely that the outcome will turn on whether the U.S. Supreme Court considers Washington's fuel tax to be on the possession of fuel, or on the Yakama Nation's importation of fuel, say Catherine Munson and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • An Update On Enforcing Arbitration Of ERISA Claims

    Dylan Rudolph

    When are fiduciary breach claims under the Employee Retirement Income Security Act susceptible to arbitration? Dylan Rudolph and Brian Murray of Trucker Huss APC discuss the state of the law and offer thoughts on certain elements that plan sponsors should consider.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • Refreshingly Boring? High Court Considers Statutory Context

    Christopher Collier

    On Election Day, the U.S. Supreme Court will hear argument in a case addressing whether payment to a railroad employee for time lost from work is subject to employment taxes. The technicalities of statutory interpretation won’t be front page news, but will affect thousands of cases each year, say attorneys at Hawkins Parnell Thackston & Young LLP.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.