• March 22, 2018

    7th Circ. Reverses Credit One's Arbitration Win In TCPA Suit

    The Seventh Circuit on Thursday reversed a lower court’s order granting Credit One Bank's bid to arbitrate a putative class action accusing it of placing unlawful debt-collection calls in violation of the Telephone Consumer Protection Act, saying the individual leading the class is not bound by the terms of her mother’s cardholder agreement and has not directly benefited from it.

  • March 22, 2018

    Fla. Atty Disbarred After Hiring Felon Who Then Stole $5M

    The Sunshine State’s highest court on Thursday disbarred a South Florida lawyer who hired a convicted felon and didn’t keep an eye on him, making it possible for the con man to embezzle nearly $5 million from the law firm’s trust account through a mortgage-related scheme.

  • March 22, 2018

    Union Pacific Urges Justices To Preserve Win On Stocks

    The Union Pacific Railroad Co. urged the U.S. Supreme Court on Thursday not to overturn its victory in the Eighth Circuit that deemed its stock options for employees nontaxable, even if the high court rules against railroad companies in a similar and separate case before it.

  • March 22, 2018

    Patent Owner Tells Justices Exergen Adds To Fed. Circ. Split

    A streaming media patent owner told the U.S. Supreme Court that a recent Federal Circuit decision in Exergen Corp. v. Kaz USA Inc. shows there’s a divide within the circuit on how patent eligibility is determined, urging the high court to take up its appeal to save its own patents.

  • March 22, 2018

    Charney Seeks Reversal Of $19.5M Standard General Award

    Ousted American Apparel founder Dov Charney asked Delaware's Supreme Court on Thursday to reverse a Chancery Court ruling that he must pay Standard General LP $19.5 million plus interest in a dispute over his debts from a failed bid to regain control of the retailer.

  • March 22, 2018

    11th Circ. Won't Take Appeal Over Navy Aircraft Crash

    The Eleventh Circuit on Thursday refused to consider an intermediate appeal in a wrongful death suit against an L3 Technologies unit over a Navy training flight crash, saying L3 had not shown that the purported implication of sensitive Navy decisions in the case required immediate review.

  • March 22, 2018

    Judge Nixes Constellation Creditors' Settlement Appeal

    The unsecured creditors committee of defunct metal fabricator Constellation Enterprises LLC will not get another shot at undoing a bankruptcy resolution that cut them out of a recovery, a Delaware federal court ruled Thursday, finding that when the case was converted to a liquidation afterwards, the committee “automatically dissolved and ceased to exist.”

  • March 22, 2018

    Former FedEx Worker Can Pursue Bias Claims, 9th Circ. Says

    The Ninth Circuit ruled Thursday that FedEx Corporate Services Inc. must face a former sales executive’s bias suit, saying she presented enough evidence that a supervisor discriminated against her and conducted a sham investigation into allegations she submitted false records as pretext to fire her.

  • March 22, 2018

    Pa. Justices To Weigh Broadness Of Business Privilege Tax

    The Pennsylvania Supreme Court agreed Wednesday to review whether a business privilege tax provision in a city ordinance was properly interpreted to prevent a freight broker from claiming a tax deduction based on customer payments it passed through to freight carriers.

  • March 22, 2018

    Pa. Panel Won't Hear Atty’s DQ Bid In Feud With Ex-Firm

    A Pennsylvania appellate court declined Thursday to get involved in a lawyer’s attempt to disqualify a court-appointed arbitrator from his fee dispute with his former law firm, ruling that the trial court’s decision not to grant the motion to disqualify was not appealable while the case was ongoing.

  • March 22, 2018

    10th Circ. Affirms Clean Water Suit Win Against Mining Co.

    The Tenth Circuit on Thursday upheld a plaintiff’s citizen suit win against a sand and gravel company that allegedly violated the Clean Water Act by illegally discharging dredge and fill material into Oklahoma wetlands.

  • March 22, 2018

    5th Circ. Rejects IRS Bid To Pause Anti-Inversion Appeal

    The Fifth Circuit refused to pause the U.S. government’s appeal of a Texas federal court’s decision to invalidate a rule that sank a planned $160 billion merger between Pfizer Inc. and Irish counterpart Allergan PLC, according to an order issued Wednesday.

  • March 22, 2018

    Mass. Panel Revives Janitor Co.’s Bid To Arbitrate Wage Suit

    The Massachusetts Appeals Court held Thursday that a janitorial services company was wrongly denied its request to arbitrate a franchisee’s misclassification claims, saying a lower court incorrectly concluded the company waived its arbitration right by raising certain arguments on the merits of those claims.

  • March 22, 2018

    4th Circ. Shuts Down Fight Over FERC's $5B Pipeline OK

    The Fourth Circuit on Wednesday nixed a challenge by environmental and public interest groups to the Federal Energy Regulatory Commission's approval of the $5 billion Atlantic Coast gas pipeline because FERC hasn't yet acted on the group's rehearing requests, and rejected an emergency bid to halt construction of the project.

  • March 22, 2018

    Scheef & Stone Settles Doctor's Suit Over RE Fraud Case

    Scheef & Stone LLP has reached a settlement with a doctor who claimed the firm cost him $400,000 by pursuing a real estate investment fraud case that had no hope of delivering a valid judgment, in a case dismissed Wednesday by a Texas state appeals court.

  • March 22, 2018

    Congress' Last Chance For Action On Remote Sellers Dies

    The last chance for Congress to beat the U.S. Supreme Court to action on remote sellers’ tax obligations appears to have evaporated when congressional leaders unveiled an omnibus spending bill that did not include online taxation regulations.

  • March 22, 2018

    9th Circ. Backs UnitedHealthcare Win In Mental Rehab Suit

    A Ninth Circuit panel on Wednesday backed a win for UnitedHealthcare in a suit alleging the insurer violated a LifeLock Inc. welfare benefit plan by denying coverage for a woman's mental health facility stay.  

  • March 22, 2018

    Fees Unfounded In Firefighters' Siren Suit, 3rd Circ. Told

    Firefighters who claim they have permanent hearing loss as a result of Federal Signal Corp.'s alleged defective sirens urged the Third Circuit on Thursday to vacate an attorneys' fees award to the manufacturer, arguing there were no exceptional circumstances that would warrant the award as the case was dropped with prejudice.

  • March 22, 2018

    HomeAway Challenging Santa Monica License Law In 9th Circ.

    HomeAway gave notice Wednesday to the Ninth Circuit that it is appealing a lower court decision denying its and Airbnb’s bid to stop enforcement of a Santa Monica, California, ordinance requiring residents using the home-sharing websites to be licensed.

  • March 22, 2018

    Chevron Suit Doomed By CERCLA Exclusion, 9th Circ. Says

    The Ninth Circuit ruled Wednesday that an exclusion for petroleum substances in the Comprehensive Environmental Response, Compensation and Liability Act precluded a woman’s claims that Chevron Capital Corp. was responsible for the pollution on her property, affirming a lower court’s dismissal of her case.

Expert Analysis

  • The Arbitrability Of Claims Arising Under PAGA

    M.C. Sungaila

    If an employee asserts representative claims seeking civil penalties from his employer under California’s Private Attorneys General Act, are they arbitrable by agreement of the parties? Courts should adopt a unified approach to this question and allow representative PAGA claims to be arbitrated, so long as they are not outright waived, say M.C. Sungaila and Marco Pulido of Haynes and Boone LLP.

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Personal Jurisdiction In 3rd Circ. After 'Shuker'

    David Currie

    While much of the Third Circuit's recent opinion in Shuker v. Smith & Nephew is devoted to federal preemption of certain state law claims, the consequences of the court's treatment of personal jurisdiction may reach even further, says David Currie of Vinson & Elkins LLP.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 2

    P. Frye 300dpi - July 2015.jpg

    The Illinois Supreme Court should resolve the contradiction between two recent Illinois appellate decisions by ruling that whenever allegedly deficient policy language is delivered to an insured more than two years before a suit is filed, the suit should be dismissed, says Patrick Frye of Freeborn & Peters LLP in the final part of this article.

  • Clarity For Cos. Facing Wage Claims In Colo. And Beyond

    Martine Tariot Wells

    The Colorado Supreme Court's recent decision in Hernandez v. Ray Domenico Farms is notable because it clarifies for employers (including multijurisdictional employers) and employees alike that unpaid wage claims under Colorado law have the same statute of limitations as claims under the Fair Labor Standards Act, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Opinion

    Illinois Supreme Court Should Clarify Insurance Law: Part 1

    Patrick Frye

    The Illinois Supreme Court is possibly reviewing two decisions from the appellate court that reached contradictory conclusions on the timeliness of an insured's lawsuit against an insurance producer. The Supreme Court should adopt RVP v. Advantage so that Illinois law will be uniform and sensible, says Patrick Frye of Freeborn & Peters LLP.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.

  • Section 101 Decisions Clarify 'Clear And Convincing Evidence'

    Rob Shaffer

    Since the U.S. Supreme Court’s decision in Alice, many practitioners have been confused about whether the presumption of validity and proof by clear and convincing evidence still apply when a patent has been challenged under Section 101, particularly at the pleadings stage. In three recent decisions, the Federal Circuit has provided guidance, say Rob Shaffer and Scott Allen of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Doling Out 'Fair Shares' Of Asbestos Liability

    Theresa Mullineaux

    The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.