Appellate

  • February 23, 2018

    2nd Circ. Gives 2nd Shot To Schwab's Libor Claims

    A Second Circuit panel on Friday breathed new life into claims brought by Charles Schwab Corp. against a slew of the world’s largest banks over their alleged manipulation of the London Interbank Offered Rate, finding that the investment firm should be given a chance to replead some of its case.

  • February 23, 2018

    2nd Circ. Denies Injunction In Soccer League's Antitrust Suit

    The Second Circuit on Friday refused to grant the North American Soccer League a preliminary injunction in its suit against the U.S. Soccer Federation over its revoked Division II status, ruling that the league hasn't shown that it is likely to succeed on the merits of its antitrust claim. 

  • February 23, 2018

    Philly Bar Chancellor Rips Calls For Justices' Impeachment

    The chancellor of the Philadelphia Bar Association on Friday lambasted the growing number of Republican politicians calling for the impeachment of state Supreme Court justices who in January ordered the redrawing of congressional districts to correct for partisan gerrymandering.

  • February 23, 2018

    Tribes Urge Justices To Undo Wyoming Reservation Ruling

    The Eastern Shoshone Tribe and the Northern Arapaho Tribe have each urged the U.S. Supreme Court to overturn a Tenth Circuit decision that shrank the size of their shared Wyoming reservation, saying the panel's holding that a 1905 law diminished the reservation created a circuit split and conflicted with high court precedent.

  • February 23, 2018

    SWS Investors Lose Bid For Higher Stock Price Post-Sale

    Investors who sued to get 39 percent more for their stock after the 2015 sale of financial services firm SWS Group Inc. yet wound up getting 7.8 percent less after a Chancery Court appraisal got no help from Delaware’s Supreme Court Friday, which let stand the trimmed price of $6.38 per share.

  • February 23, 2018

    Union Foes Angle For Knockout In 'Right To Work' Fight

    More than 40 years ago, the National Right to Work Legal Defense Foundation fell short of persuading the U.S. Supreme Court to let workers represented by public-sector unions withhold payment for that representation — one of its founding aims — in Abood v. Detroit Board of Education. On Monday, the group gets another shot before a high court that many expect to rule in its favor.

  • February 23, 2018

    High Court Asked To Revive FedEx Package-Weight RICO Suit

    An internet retailer has asked the U.S. Supreme Court to revive its Racketeer Influenced and Corrupt Organizations suit accusing FedEx Corp. of improperly calculating the weight of packages, saying FedEx shouldn’t have been allowed to dodge liability by claiming its various subsidiaries aren’t distinct from the parent company.

  • February 23, 2018

    Texas Justices Pass On Hospital's Expert Report Row

    The Texas Supreme Court on Friday denied a request from Methodist Richardson Medical Center to intervene in a wrongful death lawsuit brought by the widow of a former patient, leaving in place a lower court's ruling granting the widow an extension to fix deficiencies in an expert report submitted in support of her claims.

  • February 23, 2018

    Mass. Justices Revive Long Row Over Computer Contract Tax

    The Massachusetts Supreme Judicial Court handed down a ruling Thursday concerning a long-running putative class action by purchasers of computer service contracts who asserted the imposition of taxes on the contracts was unlawful, unfair and deceptive.

  • February 23, 2018

    ‘Strategy’ Defense Fails Atty Who Shirked Case: Texas Court

    A Texas appeals court has upheld a jury’s findings that an attorney violated state professional rules of ethics, noting that by his own admission he outright ignored discovery requests and was generally unresponsive in representing an auto accident client.

  • February 23, 2018

    T-Mobile Fights For 3rd Labor Bargaining Option At DC Circ.

    T-Mobile urged a D.C. Circuit panel Friday to carve out a third option from the normal two when employers learn a bargaining unit is operating without the support of most workers, an option that would’ve allowed the telecommunications company to stop most negotiations with one union branch its been dealing with.

  • February 23, 2018

    NJ Panel Affirms Award Over IT Worker's Unauthorized Access

    The New Jersey Appellate Division on Friday refused to disturb a $27,000 judgment in favor of an information technology company that alleged its former worker accessed its system without authorization and destroyed data, ruling that a bench trial judge had properly assessed the evidence.

  • February 23, 2018

    NY Asks 2nd Circ. To Affirm $247M UPS Cigarette Penalty

    The city and state of New York asked the Second Circuit on Wednesday to affirm a $247 million penalty against United Parcel Service Inc. for helping to move untaxed cigarettes from tribal lands, saying UPS’ request to drastically reduce its penalty was based on meritless claims of immunity.

  • February 23, 2018

    Immigration Judges Needn’t Warn Of Lack Of Proof: 2nd Circ.

    The Board of Immigration Appeals is entitled to deference in its determination that federal immigration law is ambiguous as to whether immigration judges are required to give asylum petitioners specific notice when their seemingly credible testimony appears to be uncorroborated with actual evidence, the Second Circuit held Friday.

  • February 23, 2018

    9th Circ. OKs Toss Of Tribal Water Project Row

    The Ninth Circuit on Thursday affirmed a lower court’s dismissal of a suit brought by an organization representing Montana landowners that disputes the U.S. Bureau of Indian Affairs’ control of an irrigation project, agreeing that the court did not have jurisdiction over the matter.

  • February 23, 2018

    La. Court Revives Suit Over Hospital Care During Katrina

    A Louisiana state appellate court has revived a woman’s suit against a New Orleans hospital over the way it allegedly failed to provide for her mother during Hurricane Katrina, ruling that the woman should be allowed more discovery time to find an expert to support her claims.

  • February 23, 2018

    Patent Agent Emails Merit Privilege, Texas Justices Say

    The Texas Supreme Court on Friday sided with an inventor and upended a trial court's order that he turn over more than 300 emails between himself and his nonattorney patent agent in a dispute over restaurant technology, holding that the communications are privileged under the state's evidence rules.

  • February 23, 2018

    The 2017 Federal Circuit Year In Review

    After a three-year surge, patent suits at the Federal Circuit leveled off last year as the court showed signs of adjusting to its bustling workload. The judges found time to write more opinions, and they reached greater consensus, penning fewer separate concurrences and dissents than in 2016.

  • February 22, 2018

    Drivers Slam Fee Bids By 'Ghost Lawyers' In $10B VW Deal

    Hundreds of “ghost lawyers” who showed up at the $10 billion resolution of multidistrict litigation over Volkswagen AG’s diesel-emissions scandal shouldn’t get a cut of the awarded fees and costs since their work didn’t benefit the whole class, the vehicle owners told the Ninth Circuit on Thursday.

  • February 22, 2018

    Tex. Appeals Court Says Mining Co. Can Redo Atty DQ Bid

    A Texas appellate court ruled Wednesday that Chilean mining company Inppamet deserved reconsideration on its bid to disqualify a Dallas law firm in a $60 million contract dispute with RSR Corp. after the state Supreme Court cleared the firm, finding that disqualification could be appropriate under a different standard.

Expert Analysis

  • When Title VII Gender And Sexual Orientation Claims Overlap

    Daniel Pasternak

    Until the U.S. Supreme Court agrees to take up the issue of Title VII and sexual orientation discrimination, employers should take note that decisions like the First Circuit’s recent ruling in Franchina v. Providence Fire Department demonstrate that the issues of sex and sexual orientation are intrinsically intertwined, says Daniel Pasternak of Squire Patton Boggs LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Contesting FERC's Right To Impose Retroactive Surcharges

    David Perlman

    In Verso Corp. v. Federal Energy Regulatory Commission, the commission is arguing that it has broad authority to make regional transmission organizations impose surcharges on customers where necessary to pay refunds ordered under Section 206 of the Federal Power Act. The D.C. Circuit's decision in this dispute will have significant implications for FERC’s authority going forward, say attorneys with Bracewell LLP.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A Back-To-Basics Approach To Patent Damages Law

    Aaron Fahrenkrog

    The Federal Circuit's recent decision in Finjan demonstrates how creating patent-specific rules for damages creates uncertainty for future litigants. The patent community would benefit from the law of patent damages returning to fundamental tort and evidentiary principles, say attorneys with Robins Kaplan LLP.

  • A 2017 Roundup Of Calif. Anti-SLAPP Appellate Decisions

    Thomas Burke

    California’s anti-SLAPP statute remains the strongest — and most frequently litigated — statute of its kind in the nation. Last year California’s state and federal appellate courts issued 34 published opinions and more than 169 unpublished opinions interpreting the statute. And the California Supreme Court twice reaffirmed the statute’s broad construction, says Thomas Burke of Davis Wright Tremaine LLP.

  • Recent Trends In Structuring Risk Retention Vehicles

    Jason Schwartz

    In the wake of the financial crisis, the U.S. and Europe enacted “risk retention” rules that require sponsors of securitization vehicles to maintain a financial interest in those vehicles. Here, attorneys with Cadwalader Wickersham & Taft LLP look at the “capitalized management vehicle” structure that many collateral managers are using to comply with the rules, and the likely impact of a recent D.C. Circuit ruling.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • PG&E Ruling May Mean More Challenges To Incentive Adders

    Paul Pantano Jr.

    The Ninth Circuit recently rejected the Federal Energy Regulatory Commission’s grant of incentive adders to Pacific Gas & Electric’s rate of return calculations for the utility's continued participation in the markets operated by the California Independent System Operator. The decision may open the door for more challenges to public utilities’ rate filings, say attorneys with Willkie Farr & Gallagher LLP.

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.