Appellate

  • December 15, 2017

    Fed. Circ. Rules Ban On 'Scandalous' TMs Unconstitutional

    The Federal Circuit ruled Friday that the Lanham Act's ban on "scandalous and immoral" trademarks is unconstitutional, months after the U.S. Supreme Court struck down the statute's similar bar on "disparaging" marks.

  • December 14, 2017

    AGs Want High Court To OK Microsoft Overseas Data Access

    A coalition of 35 state attorneys general urged the U.S. Supreme Court on Wednesday to strike down a ruling that the federal government can’t access user data stored overseas by Microsoft, saying the “remarkable” decision gives too much control to private companies, while the European Commission and the U.K. and Irish governments separately weighed in on the dispute.

  • December 14, 2017

    Ex-Radnor CEO Wants 3rd Circ. To Rethink Skadden Win

    The former CEO of bankrupt Radnor Holdings Corp. asked the Third Circuit on Thursday to reconsider its decision that the statute of limitations barred his suit alleging Skadden Arps Slate Meagher & Flom LLP hid a conflict of interest during the company's bankruptcy proceedings.

  • December 14, 2017

    Ill. Appeals Court Revives Hospital Worker's Retaliation Suit

    A man who claimed he was fired in retaliation for reporting sexual harassment at work will have his day in court, an Illinois appellate panel ruled Wednesday in reversing a trial court's dismissal of his case against an Illinois hospital.

  • December 14, 2017

    Insurer Off Hook In River Contamination Row, 3rd Circ. Says

    Indian Harbor Insurance Co. doesn’t need to defend a lead pigment maker in a suit over river contamination, the Third Circuit ruled Thursday, affirming a lower court’s ruling that the company was only able to slip through an exclusion loophole due to "scrivener's error.”

  • December 14, 2017

    NY High Court Says 'Wrongful Birth' Claims Start At Birth

    New York’s highest court ruled Thursday in favor of two couples claiming they wouldn’t have had children through a fertility clinic had they known the egg donor was a genetic defect carrier, saying the statute of limitations began running at birth, rather than the date of the alleged medical malpractice.

  • December 14, 2017

    DACA Suit Discovery Bids Risk Upending Agency Law: Feds

    Forcing the Trump administration to turn over documents that could explain why it ended the Deferred Action for Childhood Arrivals program would be a “revolution in agency law,” the government told the Second Circuit on Thursday, as it made its case for shutting down a lower court’s discovery order.

  • December 14, 2017

    Defect Notice May Trigger Defense Coverage: Fla. Justices

    The Florida Supreme Court ruled Thursday that a proceeding for resolving construction defect disputes prior to litigation constitutes a "suit" that may trigger a general liability insurer's duty to defend a policyholder, provided that the insurance company consents to the insured's participating in the process.

  • December 14, 2017

    3 Takeaways As Fed. Circ. Limits Biosimilar Lawsuits

    The Federal Circuit on Thursday averted potential chaos by not letting drugmakers use a wide variety of state laws to extract biosimilar manufacturing information from rivals, and its ruling will turn attention to what sort of information rivals must provide under federal law.

  • December 14, 2017

    Texas Panel Flips Dismissal Bid Nix In Patient Death Suit

    A Texas appellate panel said Thursday a trial judge shouldn't have denied a dismissal bid in a medical malpractice suit alleging a doctor caused a patient's death by failing to timely order exploratory surgery, saying the estate’s expert testimony was "conclusory and inconsistent."

  • December 14, 2017

    Senate Confirms Gibson Dunn Vet For 5th Circ.

    Gibson Dunn & Crutcher LLP partner James C. Ho is heading to the Fifth Circuit after a Senate vote Thursday confirmed him to the post as President Donald Trump’s 12th appellate judge confirmed this year.

  • December 14, 2017

    Trump To Appeal Ruling Blocking 'Sanctuary Cities' Order

    The Trump administration is appealing to the Ninth Circuit a California federal judge’s decision blocking enforcement of an executive order to withhold federal funds from so-called sanctuary cities, according to court documents filed on Thursday.

  • December 14, 2017

    9th Circ. Chief Launches Kozinski Sex Misconduct Inquiry

    The chief judge of the Ninth Circuit on Thursday ordered a judicial misconduct inquiry into U.S. Circuit Judge Alex Kozinski over media reports the judge showed female clerks pornography and committed other acts of sexual misconduct.

  • December 14, 2017

    Appeal Says Fla. Ignored Rules In Hospice License Denial

    A Florida appeals court on Thursday weighed whether the state Agency for Health Care Administration properly considered the presence of a regional monopoly in hospice services when it denied “certificate of need” approval to a provider seeking to start a new program in Sarasota County.

  • December 14, 2017

    Expanded Drone Registry To Spark More Enforcement Action

    A legislative fix signed into law by President Donald Trump on Tuesday reinstated a mandate for recreational drone users to register with the federal government, a move that experts say paves the way for more enforcement actions related to privacy, safety and national security.

  • December 14, 2017

    Immigrant Fires Back In High Court ‘Habitual Drunkard’ Case

    A Mexican native replied to the federal government’s brief before the U.S. Supreme Court saying that it cannot ignore the actual language of the statute under which he was denied deportation relief on the basis that he was a “habitual drunkard” in reviewing its constitutionality.

  • December 14, 2017

    Miccosukee Ask Justices To Skip Tribal Immunity Case

    The Miccosukee Tribe of Indians of Florida urged the U.S. Supreme Court on Wednesday not to take up a law firm's challenge to a state appellate court ruling that the tribe was shielded from malicious prosecution claims, saying the state decision found the tribe didn’t waive its sovereign immunity.

  • December 14, 2017

    Split Texas Panel Sides With AG In Medicaid Docs Fight

    A split Texas appellate panel on Thursday sided with Texas Attorney General Ken Paxton in his fight over access to documents regarding health care service providers' claims for Medicaid reimbursement, overturning a district court win for the Texas Health and Human Services Commission, which had argued the documents weren't subject to open records laws.

  • December 14, 2017

    Anti-Vaxxer Can't Sue Hospital Over Firing, 3rd Circ. Says

    A Philadelphia hospital was justified in firing an employee who refused to receive a flu shot, the Third Circuit affirmed on Thursday, finding in a precedential opinion that his opposition to vaccination was not based on his religious beliefs.

  • December 14, 2017

    6th Circ. Rules Tenn. County Can Assert Its Tax Claim

    A Tennessee county should not be denied an opportunity to assert a claim in court for delinquent taxes on property seized by the U.S. government in a criminal investigation, and a district court erred in holding it had no jurisdiction over the issue, a Sixth Circuit panel ruled Wednesday.

Expert Analysis

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • Liability Insurance May Cover Intentional Acts In Penn.

    Timothy Law

    Under Pennsylvania law, liability policies can cover both deliberate conduct and intentional acts if the damage itself is unintended and not substantially certain to result from the deliberate and intentional conduct, as reaffirmed in the Pennsylvania Superior Court's recent ruling in Erie v. Moore, say Timothy Law and Brian Himmel of Reed Smith LLP.

  • Will The Supreme Court Review SEC's In-House Judges?

    Harold Krent

    I was confident that the U.S. Supreme Court would grant certiorari in Lucia v. SEC to resolve the split in the circuits over whether federal administrative law judges should be considered inferior officers or employees under the Constitution — until the government's response to the Lucia petition last week, says professor Harold Krent of IIT Chicago-Kent College of Law.

  • Can Labor Be Depreciated In Actual Cash Value Calculations?

    Jordan, Tracey - resized.jpg

    Depreciation of labor continues to be a hot-topic, divisive issue in actual cash value calculations. Based upon the lack of consensus and recent glut of litigation on the topic, insurance companies should be aware of the law in the jurisdiction in which they are calculating losses to avoid adjustment pitfalls, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Lead Paint As A Public Nuisance In California

    Jules Zeman

    Last month, the California Sixth District Court of Appeal upheld portions of a public nuisance action against paint companies for selling lead-pigment paint in the decades prior to 1950 while knowing of its toxicity. The ruling's extraordinarily expansive use of public nuisance law circumvents the traditional burdens, limitations and protections of product liability jurisprudence, says Jules Zeman of Dentons.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • High Court's Latest Travel Ban Ruling Lacks Details

    Tahanie Aboushi

    On Monday the U.S. Supreme Court lifted all stays on the third version of President Trump's travel ban. The paragraph-long ruling was devoid of limitations on the wide discretion available when deciding whether or not to bar an individual, which essentially leaves U.S. customs agents, defense counsel and those affected by the order to decipher the logistics as they go, says Tahanie Aboushi of The Aboushi Law Firm.

  • 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.