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Appellate

  • June 21, 2018

    Md. High Court Nixes Order To Probe Clinton Attys

    Maryland's highest court declared Thursday that a lower state court did not have the authority to order the Attorney Grievance Commission to investigate three lawyers representing Hillary Clinton, despite accusations of professional misconduct by an out-of-state attorney.

  • June 21, 2018

    Calif. Court Affirms Doc’s Win In Baby Brain Damage Suit

    A California appellate court has affirmed a jury’s verdict that a doctor’s negligence did not contribute to the development of brain damage in a baby he helped deliver.

  • June 21, 2018

    9th Circ. Affirms Viacom’s $15M Unpaid Ads Win

    The Ninth Circuit affirmed Viacom International Inc.’s $14.9 million win in a suit accusing toy company MGA Entertainment Inc. of breaching four contracts in connection with ad sales and production of a TV show for the Lalaloopsy doll brand, agreeing with the lower court that MGA failed to show that Viacom materially breached the contracts first.

  • June 21, 2018

    Congress Not Off The Hook With High Court's Sales Tax Ruling

    The U.S. Supreme Court’s decision allowing states to collect tax from online and other remote retailers will inevitably lead to disparate tax policies and new risks for small businesses unless Congress steps in to enact uniformity and protections.

  • June 21, 2018

    Narrow High Court Ruling In Lucia Raises Questions For SEC

    The U.S. Supreme Court’s “narrow” ruling that U.S. Securities and Exchange Commission administrative law judges are inferior officers subject to the appointments clause of the Constitution leaves open the question of how the SEC — and other federal agencies that use ALJs — will resolve cases handled by improperly appointed judges, legal experts said Thursday.

  • June 21, 2018

    Structure Of South Dakota Law Matters In Quill Overturn

    The U.S. Supreme Court, in Thursday’s landmark decision to overturn more than half a century of precedent requiring physical presence before states can compel retailers to collect and remit use tax, made clear that the structure of the remote seller law, with which it was presented as a test case, made a difference.

  • June 21, 2018

    States To Steer Drone Privacy After DC Circ. FAA Ruling

    The D.C. Circuit’s dismissal of the Electronic Privacy Information Center’s bid to force the Federal Aviation Administration to address privacy concerns in its commercial small-drone rule signals that state and local governments will assume most of the responsibility for tackling privacy protections for drone use, attorneys say.

  • June 21, 2018

    Blogger Uses Texas Free Speech Law To Nix Defamation Row

    A Texas appellate court on Thursday sided with a blog and its author, holding a trial court had wrongly declined to dismiss a defamation claim brought by a school principal and ruling a state free speech law protects the blog posts at issue on the ground they concern matters of public concern involving public officials.

  • June 21, 2018

    Attorneys React To Ruling In South Dakota V. Wayfair

    The U.S. Supreme Court on Thursday found in South Dakota v. Wayfair that a state may impose sales and use tax collection obligations on remote sellers that lack a physical presence in the state, overturning over two decades of precedent that had prohibited such tax regimes. Here, attorneys tell Law360 why the decision is significant. 

  • June 21, 2018

    NJ Strip Club Exec Knew Arbitration Clause, Court Says

    A New Jersey state appeals court affirmed Thursday that the members of a strip club venture must arbitrate their ownership dispute, ruling that the entrepreneur who is suing is an “experienced businessman” who understood that the buyout agreement with his partners was subject to a related deal to keep disputes out of court.

  • June 21, 2018

    PBMs, Insurers Back Anthem, Express Scripts In Pricing Suit

    Two trade associations for pharmaceutical benefits managers and health insurers have thrown their support behind Anthem Inc. and Express Scripts Inc. in a dispute at the Second Circuit over the companies’ drug pricing, arguing that the companies weren’t acting as fiduciaries when they contracted together.

  • June 21, 2018

    Sears Customer Can't Revive NJ Suit After Not Being Harmed

    A New Jersey state appeals court ruled Thursday that a Sears customer was not actually harmed by purported consumer protection violations on her sales receipts for ovens and so could not revive her putative class action against the retailer, noting that she received a full refund for the returned merchandise.

  • June 21, 2018

    1st Circ. Upholds Discovery Bid Nix In Gene-Editing IP Row

    The First Circuit has affirmed a Massachusetts federal judge’s decision to deny a patent agency’s bid for discovery into an MIT lab’s European patents for genome-editing technology, saying that the court correctly found that the agent failed to prove the European patent office’s need for its assistance.

  • June 21, 2018

    Texas Patient Shot By Hospital Guards Gets Claim Trimmed

    A man who says he was shocked with a stun gun, shot and arrested by hospital security as he was having a manic episode cannot pursue a negligence claim against the medical center because it is technically a health care liability claim requiring a qualified expert witness, but his other claims can move forward, a Texas appeals court ruled Thursday.

  • June 21, 2018

    DOL's Fiduciary Rule's Demise Made Official By 5th Circ.

    The Fifth Circuit on Thursday closed the book on the U.S. Department of Labor’s controversial 2016 fiduciary rule, which required retirement advisers to act in the best interest of clients, issuing a mandate that officially vacates the rule three months after a divided panel invalidated it.  

  • June 21, 2018

    Sharper Image Defends Right To Petition PTAB At Fed. Circ.

    A patent licensing agreement between Sharper Image and a virtual reality company doesn’t bar Patent Trial and Appeal Board challenges, as it only limits litigation tied to interpreting the contract, the retailer told the Federal Circuit in a brief made public Thursday.

  • June 21, 2018

    Ga. Atty Beats Defamation Suit Over Snapchat Accident Row

    A Georgia state appellate court on Thursday shut down a defamation lawsuit against an attorney representing a man injured in a car accident allegedly caused by a driver using Snapchat's "speed filter," saying public statements made by the lawyer were protected and based on the best information he had at the time.

  • June 21, 2018

    Firefighters Didn't Vet Defective Siren Claims: 3rd Circ.

    The Third Circuit has affirmed attorneys’ fees awarded to a siren maker sued by firefighters who claim they suffered hearing loss, ruling in a precedential decision that the firefighters’ failure to thoroughly vet the claims led to substantial legal costs before the case was dropped for good.

  • June 21, 2018

    Trial Proved Ex-American Realty Exec's Fraud, 2nd Circ. Told

    Prosecutors urged the Second Circuit to uphold the securities fraud conviction of former American Realty Capital Properties Inc. CFO Brian Block on Wednesday, saying a jury was free to reject his explanation of a $13 million tweak to financial statements.

  • June 21, 2018

    Loeb Boathouse Hopeful Loses License Fight With NYC

    A company that had hoped to run Central Park's Loeb Boathouse bar and restaurant has lost its New York state suit accusing the city of manipulating the bidding process by favoring a competitor who donated $10,000 to a political campaign linked to Mayor Bill de Blasio.

Expert Analysis

  • High Court Answers Appeal Question For Consolidated Cases

    Desiree Moore

    The U.S. Supreme Court's decision in Hall v. Hall is significant because it clarifies that parties have an immediate right of appeal following a final decision in actions consolidated under Rule 42(a). Companies that routinely face consolidation will have to be diligent in taking timely appeals, say Desiree Moore and Daisy Sexton of K&L Gates LLP.

  • China Agritech May Have Limited Practical Effect

    Noelle Reed

    While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The SAS Case

    Gregory Castanias

    The three Jones Day partners who represented software developer SAS Institute give us a peek inside the five-year journey that took a seemingly ordinary Patent Trial and Appeal Board case to the U.S. Supreme Court this term, and changed the U.S. patent system.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • DEA Hemp Rule Is Safe For Now, But That May Change

    Joshua Mandell

    The Ninth Circuit recently rejected an industry challenge to a U.S. Drug Enforcement Administration rule classifying cannabidiol medicines as Schedule 1 drugs. This decision might chill the CBD boom taking place around the country, but could also spur action at the federal level that would supersede the DEA's rule, say attorneys at Akerman LLP.

  • NJ Partnerships End Up Winners In Tax Court Decision

    Jaime Reichardt

    New Jersey limited partnerships, pass-through entities and their respective partners or members may have significant refund opportunities in light of the state tax court's recent holding in National Auto Dealers Exchange LP v. Director, Division of Taxation, says Jaime Reichardt of Sills Cummis & Gross PC.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • Roundup

    Masterpiece Cakeshop: 3 Expert Perspectives

    Masterpiece Cakeshop

    In this recap of the U.S. Supreme Court's recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, experts offer insight on various aspects of one of the term's most highly anticipated decisions.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.