We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Appellate

  • May 25, 2018

    Vast Swaths Of Okla. At Stake As Justices Mull Reservation

    The U.S. Supreme Court’s decision to hear Oklahoma's challenge to a Tenth Circuit ruling that nixed a Muscogee Creek Nation member’s death sentence sets the stage for the justices to rule on how much of the tribe's reservation still exists, a decision that could affect huge swaths of land as well as Oklahoma's legal and regulatory reach.

  • May 25, 2018

    Mulling High Court, USPTO Still Refusing 'Scandalous' TMs

    Six months after a federal court ruled that the Lanham Act’s ban on “scandalous” trademarks is unconstitutional, the U.S. Patent and Trademark Office is still refusing registrations that violate the provision while the agency considers another trip to the U.S. Supreme Court.

  • May 25, 2018

    Worker On FMLA Leave Was 'Unemployed,' Texas Justices Say

    An employee taking an unpaid absence from work under the Family and Medical Leave Act qualifies as “unemployed” under the Texas Labor Code, but is not necessarily eligible for unemployment benefits, the Texas Supreme Court held Friday.

  • May 25, 2018

    Fired Recruiter Must Arbitrate Bias Claim In NY: NJ Court

    The New Jersey Appellate Division ruled Friday that a fired hospital recruiter must arbitrate his discrimination claim in New York state because the arbitration clause and forum selection provision in his work contract "clearly and unambiguously" specified as much.

  • May 25, 2018

    Mass. Judge In Sex Scandal Resigns Day After Suspension

    A Massachusetts state judge on Friday stepped down a day after the state’s top appellate court suspended him indefinitely for carrying on a secret affair with a court clinician, but he also criticized the woman, with his lawyer saying her “frivolous” harassment suit tainted his client's removal process.

  • May 25, 2018

    Liberty Beats Pipe Co.'s Appeal Over $13.5M Coverage Loss

    The Eighth Circuit on Friday upheld a lower court's ruling that Liberty Mutual doesn't have to cover $13.5 million in expenses that a pipe maker says it incurred shifting production overseas after a 2012 fire at its plant in Little Rock, Arkansas, rejecting the manufacturer's contention that the costs were necessary to avert covered business income losses.

  • May 25, 2018

    2nd Circ. Revives 2 Chinese Christians' Asylum Bids

    The Second Circuit on Friday reversed decisions by the Board of Immigration Appeals turning down two Chinese Christians’ bids for asylum, concluding that both the board and immigration judges erred in heavily relying on omissions in the men’s initial applications to find them not credible.

  • May 25, 2018

    Exxon, AGs Clash Over Speed Of Climate Probe Appeal

    ExxonMobil wants the Second Circuit to take off the fast track its appeal of the dismissal of its suit claiming the attorneys general of New York and Massachusetts conspired to violate Exxon's free speech rights on climate change issues by investigating the company, a move the prosecutors oppose.

  • May 25, 2018

    Calif. County Presses Justices To Hear Casino Land Case

    A California county said Thursday that the U.S. Supreme Court should overturn an appeals court decision that backed the U.S. Department of the Interior's land-into-trust acquisition for a proposed tribal casino, saying the acquisition was an improper expansion of the Indian Reorganization Act.

  • May 25, 2018

    9th Circ. Wrongly Expanded Fishing Rights Treaty, Tribe Says

    The Makah Indian tribe has asked the U.S. Supreme Court to review a Ninth Circuit decision backing a lower court's finding that the U.S. gave the Quileute Indian tribe and the Quinault Indian Nation the right to hunt whales and seals when it granted both the "right of taking fish" in a treaty signed in 1855.

  • May 25, 2018

    Ex-Pa. AG's Perjury Conviction Upheld By Appeals Court

    A Pennsylvania appeals court on Friday rejected a bid by the state's disgraced ex-attorney general to throw out her perjury conviction on grounds that the special prosecutor who investigated her had been vested with impermissibly broad powers.

  • May 24, 2018

    Security Co. Will Face New Trial Over Guard's PAGA Claims

    Securitas Securities Services USA Inc. must face a new trial brought by an ex-guard who accused the company of violating California’s labor laws under the Private Attorneys General Act, even though only one alleged violation personally affected him, a California state appellate court ruled Wednesday.

  • May 24, 2018

    Calif. High Court OKs Subpoena For Public Facebook Posts

    The California Supreme Court ruled Thursday that social media firms like Facebook and Twitter can be required to give posts users have made public to criminal defendants, a major decision that did not go as far as the defendants sought but could impact thousands of cases.

  • May 24, 2018

    J&J Claims $70M Award In Surgical Stapler Case Is Unjustified

    Johnson & Johnson asked a skeptical California appellate court Thursday to toss a $70 million punitive damages verdict awarded to a woman whose anus was accidentally stapled shut by a defective surgical instrument, saying evidence didn’t support the jury’s finding the device maker acted with malice.

  • May 24, 2018

    Atty Group Backs Full Fed. Circ. Redo Of Google Patent Ruling

    An association of patent lawyers and agents on Wednesday urged the Federal Circuit to review en banc its decision that gave Google a new shot at invalidating Network-1’s media search patents in an inter partes review, arguing that the panel relied on “false logic” in construing the claims.

  • May 24, 2018

    No Bonus For Consultancy That Kept Detroit's Art Out Of Ch. 9

    The Financial Guaranty Insurance Co. doesn’t need to pay an art consultancy a bonus tied to the so-called “Grand Bargain” that kept Detroit’s art collection off the table in its landmark municipal bankruptcy proceedings, a New York state appeals court ruled Thursday.

  • May 24, 2018

    Grape Commission Ads Are Gov't Speech, Calif. Justices Say

    The California Supreme Court on Thursday ruled that advertisements by the California Table Grape Commission constituted government speech, affirming lower court decisions to toss a suit from farmers who said they shouldn’t have to pay for ads that contradict the message they want to spread about their grapes.

  • May 24, 2018

    Time Warner Can't Shake $160K Bias Verdict, 9th Circ. Says

    The Ninth Circuit on Thursday affirmed a $160,000 jury verdict against Time Warner Cable in an ex-worker's disability discrimination suit, saying the jury was consistent in finding the company had failed to engage in an interactive process with the worker even if it did provide reasonable accommodations.

  • May 24, 2018

    Del. Clawback Suits Paused For GM NY Bankruptcy Mediation

    Two clawback suits being pursued by the litigation trust formed in the Chapter 11 case of General Motors Corp. will stall after a Delaware Chancery judge on Thursday paused discovery while mediation over allegedly improper transfers of funds to secured lenders continues in New York bankruptcy court.

  • May 24, 2018

    Ambulance Co. Beats Med Mal Suit Over Crash Victim's Death

    A Louisiana appeals court has upheld the dismissal of lawsuit seeking to hold an ambulance service responsible for a motorcycle crash victim’s death because its paramedic allegedly wasted precious time bringing him to a hospital not optimal for his injuries, finding everyone followed prescribed procedures and maintained the standard of care.

Expert Analysis

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • HUD Stance On Insurers’ Disparate Impact Liability May Shift

    Robert Helfand

    On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • Reaffirming Omnicare's Section 10(b) Protections

    Susanna Buergel

    In its recent decision in Martin v. Quartermain, the Second Circuit reiterated that meeting the Omnicare standard set forth by the U.S. Supreme Court in 2015 is no small task for investors. This strict application of Omnicare ensures that Section 10(b) jurisprudence remains focused on identifying truly fraudulent conduct, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.