Appellate

  • December 8, 2017

    Fla. Justices Stay Case To Mull Judge's Facebook Friendship

    The Florida Supreme Court on Thursday paused lower court proceedings in a suit seeking to get a judge disqualified for being Facebook friends with opposing counsel, indicating the court might take up the case.

  • December 8, 2017

    9th Circ. Says Wealth Doesn't Merit Asylum

    The Ninth Circuit affirmed on Thursday a Board of Immigration Appeals’ decision tossing a Mexican native’s pleading that he qualified for protection from removal proceedings because he is part of a social group of those perceived to have money, saying the group was “too amorphous to be particular.”

  • December 8, 2017

    Judge Won’t Hold Order To Kill Climate Suit Against Peabody

    A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.

  • December 8, 2017

    Amicis Back Wayfair's Opposition To Quill High Court Review

    Three interested parties each submitted an amicus brief Thursday in South Dakota v. Wayfair, urging the U.S. Supreme Court to reject South Dakota’s petition for certiorari, arguing, among other things, there would be an undue burden on businesses and violations of due process and the commerce clause should the court abrogate its physical presence nexus rule.

  • December 8, 2017

    DOJ Tells High Court 2nd Circ. Erred In AmEx Ruling

    The U.S. Department of Justice told the U.S. Supreme Court on Thursday that it should vacate and remand the Second Circuit’s ruling that the use of increased fees to fund rewards for cardholders justifies American Express' anti-steering provisions imposed on merchants, claiming the ruling overlooked the central concern of antitrust laws: the preservation of competitive prices. 

  • December 8, 2017

    Calif. Justices Urged To Undo Cup Maker's Win In OT Fight

    A former Dart Container Corp. employee asked the California Supreme Court on Thursday to overturn a decision that quashed his overtime case against the foam cup maker, claiming Dart's win conflicted with years of precedent holding that the Golden State has its own method of calculating overtime on flat-rate bonuses that's distinct from federal law.

  • December 8, 2017

    Hearst Interns Not Employees, 2nd Circ. Rules

    A group of Hearst Corp. interns can’t revive their proposed class action seeking minimum wages because they don’t qualify as employees under the Fair Labor Standards Act, the Second Circuit ruled Friday.

  • December 8, 2017

    Justices Should Nix Online Tax Case, Foes Of SD Action Say

    Congress, not the U.S. Supreme Court, is the body that should appropriately decide whether states may require remote sellers to collect and remit use tax, the online companies in litigation over the issue told the nation’s highest court in a brief filed Thursday.

  • December 8, 2017

    Texas Justices To Hear Oncor's Row With Chaparral Energy

    The Texas Supreme Court on Friday agreed to hear oral arguments in a case where Oncor Electric Delivery Co. LLC argues that a trial court judgment siding with Chaparral Energy LLC in a contract dispute over electric service to oil wells should be tossed because the Public Utility Commission of Texas is the only entity allowed to hear the dispute.

  • December 8, 2017

    Amputee Vet Tells 4th Circ. W.Va. Tolling Law Saves Suit

    A veteran who had his lower leg amputated due to fractures and an infection following dialysis treatment at a VA hospital has told the Fourth Circuit that a lower court was wrong to toss his suit, arguing that a West Virginia tolling statute should have delayed the statute of limitations.

  • December 8, 2017

    Gas Co. Covered By Texas 'Safe Harbor' In Royalties Fight

    A Texas appellate court refused Thursday to award prejudgment interest to a trust that successfully sued for oil and gas royalties, ruling that the natural gas company was protected by a "safe harbor" provision in the Texas Natural Resources Code allowing it to suspend payments when rights are in dispute.

  • December 7, 2017

    Tesla Scores Win In Mo. Appeal Of Direct Sales Dispute

    Tesla can sell its electric cars directly to consumers in Missouri again after a state appeals court on Tuesday reversed a lower court’s decision blocking the licenses that Tesla received to sell its cars, saying a dealership association didn’t have standing to challenge the licenses in the first place.

  • December 7, 2017

    11th Circ. Won't Give LabMD 2nd Bite At Tiversa Fraud Row

    The Eleventh Circuit on Thursday refused to revive a computer hacking and trespass suit that LabMD filed against Tiversa in Georgia federal court as part of the parties' wide-ranging dispute over the exposure of a LabMD patient data file, agreeing with a lower court that there was no evidence that a Pepper Hamilton LLP partner who represented Tiversa intentionally deceived the court.

  • December 7, 2017

    2nd Circ. Grapples With Ex-NY Sen. Sampson's Convictions

    A Second Circuit panel appeared skeptical of arguments from both sides in appeals related to ex-New York State Senate Minority Leader John Sampson on Thursday, meaning the Brooklyn Democrat might not see his obstruction and lying convictions overturned or have to go to trial on revived embezzlement charges.

  • December 7, 2017

    Firm Tells 9th Circ. It Can Tap Multiple Limits For Fraud Suits

    A Southern California law firm argued to the Ninth Circuit on Thursday that a Liberty Mutual unit should treat seven real estate fraud suits against the firm and its attorneys as separate claims rather than as one, as a lower court decided, saying the suits involve wildly varied allegations.

  • December 7, 2017

    Amgen Urges Full Fed. Circ. Hearing On Repatha Patents

    Drugmaker Amgen asked the Federal Circuit on Wednesday for an en banc rehearing of a decision that revived a challenge to its patents for Repatha, an antibody-based cholesterol treatment, saying a panel abandoned precedent by rejecting a previously used test for patentability of such drugs and finding admissible evidence that post-dates the challenged patents.

  • December 7, 2017

    Int'l TM Association Says Gov’t Regs Are Copyrighted

    The International Trademark Association on Wednesday threw its support behind a technical standards group in an appeal of a lower court ruling that said copyright law covers private industry standards later turned into federal regulations, arguing that two cases a nonprofit relied on in its appeal were either inapplicable or never raised until now.

  • December 7, 2017

    Justices See An Out In Masterpiece Case. Will They Use It?

    During Tuesday’s hearing in a blockbuster LGBT rights case, the Supreme Court hinted at a way out of the dispute without having to create new law on whether religious business owners can deny certain services to same-sex weddings. But court watchers aren’t sure they’ll take it.

  • December 7, 2017

    Fed. Circ. Tosses Part Of $49M Arctic Cat IP Win Back To Trial

    The Federal Circuit on Thursday threw into doubt part of a $49 million award for all-terrain vehicle maker Arctic Cat Inc., ordering its patent dispute with Bombardier Recreational Products Inc. back to trial to determine whether certain personal watercraft products containing Arctic Cat steering components used requisite patent markings.

  • December 7, 2017

    High Court Asked To Review Rail Stock-Options Tax Case

    The government Wednesday asked the U.S. Supreme Court to review a Seventh Circuit decision finding income from stock options provided to employees of a Canadian railroad company to be taxable compensation. The U.S. said a circuit split over the issue needed to be resolved.

Expert Analysis

  • Series

    My Supreme Court Debut: 2 Moots And A Sweet Celebration

    Ginger Anders

    In my first argument at the U.S. Supreme Court, and each one thereafter, I stood up only after having been intensively questioned by my colleagues and having received their insights, advice and reactions, says Ginger Anders of Munger Tolles & Olson LLP.

  • Bringing Cayman Derivative Claims In NY Just Got Easier

    Robert Quirk

    The New York high court’s recent holding in Davis v. Scottish Re Group removes a significant practical hurdle to bringing derivative claims involving Cayman Islands corporations. With the Cayman leave-of-court rule out of the picture, shareholders need not arrive at the courthouse door already equipped with evidence to support their claim, say Rob Quirk and Stephen Younger of Patterson Belknap Webb & Tyler LLP.

  • Navigating Whistleblower Protections Across The Atlantic

    Lynne Bernabei

    Both the Dodd-Frank Act in the U.S. and rules under the Financial Conduct Authority in the U.K. provide whistleblower protections for financial industry employees who report fraud and regulatory breaches. Whereas the specific protections in the U.S. and U.K. differ somewhat, many of the protection mechanisms are remarkably similar, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.

  • Top 10 Whistleblowing And Retaliation Events Of 2017

    Steven Pearlman

    The past year saw an aggressive approach to whistleblowing and retaliation actions by the plaintiffs bar and the U.S. Securities and Exchange Commission alike. Steven Pearlman and Edward Young of Proskauer Rose LLP examine the most impactful developments of 2017.

  • Wrestling With Location Data Privacy At The High Court

    Vanessa Arslanian

    Last week during arguments in Carpenter v. United States, both conservative and liberal U.S. Supreme Court justices seemed inclined to limit warrantless government access to historical cell-site location data, but they voiced different ways to do so, says Vanessa Arslanian at Choate Hall & Stewart LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • ITC Not Treating PTAB Decisions Like Other Agency Rulings

    James Barney

    A Patent Trial and Appeal Board decision of unpatentability should have its full legal effect once promulgated, regardless of any appeal taken by the patent owner. Yet that is not how the U.S. International Trade Commission interpreted the inter partes review statute in its Arista order, says James Barney of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Series

    What I Learned In My 1st Year: Seeing The Big Picture

    John Bartlett.jpg

    When I started at the law firm where I still practice today, I discovered that very often the task at hand required not my razor-sharp analysis of the law, but my ability to read the motivations and meet the needs and expectations of actual human beings — whether through intellect, instinct, intuition or personal experience, says John Bartlett of Stites & Harbison PLLC.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.