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Appellate

  • December 14, 2018

    $50M Released Early For 2nd-Priority Dow Implant Victims

    The Sixth Circuit has found the $2.35 billion Dow Corning settlement trust for women with defective breast implants can begin paying out $50 million in second-tier claims early, saying there was sufficient evidence that there will be money left over when the last of the first-tier claims are filed next year.

  • December 14, 2018

    DNA Test Saves Mexican Man's Removal Case At 6th Circ.

    The Sixth Circuit on Friday found that the Board of Immigration Appeals had wrongly refused to reopen a Mexican national’s removal proceedings after evidence came out that he had another U.S.-citizen child, finding that the board had to accept the man’s earlier claims of difficulty in obtaining a paternity test.

  • December 14, 2018

    Ky. High Court Reverses Appellate Panel On Sewer Contract

    A Kentucky appellate court improperly dumped the entire dispute resolution process detailed in a municipal sewer construction contract, the state’s Supreme Court said Thursday, finding that state law allows courts to selectively remove illegal contractual provisions while keeping everything else.

  • December 14, 2018

    Tribal Hunting Right Outlasted Wyo. Statehood, Justices Told

    A Crow tribe member has pressed the U.S. Supreme Court to throw out his state court conviction for elk hunting in Wyoming's Bighorn National Forest, arguing that Wyoming’s statehood didn’t erase the tribe’s treaty right to hunt and that a circuit court ruling to that effect has been torpedoed by the high court.

  • December 14, 2018

    Comcast Wants 7th Circ. To Pull Plug On Ad Sales Appeal

    Comcast Corp. has urged the Seventh Circuit not to revive a $75 million suit alleging the company illegally monopolized the market for local television advertising, arguing that it’s only being accused of choosing not to deal with a competitor, which it said is not illegal, according to a redacted brief filed Friday.

  • December 14, 2018

    9th Circ. Upholds BIA Snub Of Pakistani's Bad Counsel Claim

    The Ninth Circuit determined Thursday that it does not have the authority to review whether the Board of Immigration Appeals erred in declining to certify a Pakistani man's claim that an attorney's alleged ineffective assistance hindered his immigration case, holding that the decision is squarely within the agency's discretion.

  • December 14, 2018

    Fla. Gov. Appoints 1st Black Appellate Judge In 8 Years

    Florida Gov. Rick Scott on Thursday elevated two Miami-Dade circuit judges to seats on the Third District Court of Appeal, including Judge Eric Hendon, who will become the first black judge appointed to an appeals court in Scott’s eight-year tenure.

  • December 14, 2018

    Fla. Court Delays Answering Privileged Hospital Comms Issue

    In a closely watched medical malpractice case, a Florida state appeals court on Friday declined to rule on whether a hospital’s privileged communications are discoverable under a 2004 state constitutional amendment, saying the judge’s order to produce the records wasn’t adequately explained.

  • December 14, 2018

    Rite Aid Asks 3rd Circ. To Keep Nix Of Background Check Suit

    Retail pharmacy company Rite Aid Corp. asked the Third Circuit Court of Appeals Thursday to uphold the dismissal by a Pennsylvania federal judge of a suit that accused the company of refusing to hire a job applicant based on a background check conducted by a third party, saying the lower court was correct in finding the applicant had suffered no harm.

  • December 14, 2018

    10th Circ. Rejects Comanche Bid To Block Chickasaw Casino

    The Tenth Circuit on Friday upheld a lower court ruling rejecting the Comanche Nation's bid to stall the opening of a Chickasaw Nation casino, saying the Comanches are unlikely to succeed on the merits of their pending challenge to land acquisition for the project.

  • December 14, 2018

    ‘Intemperate’ Trial Conduct Lands Fla. Judge In Ethics Trouble

    A Broward County judge was charged with ethics violations Friday by Florida’s judicial ethics watchdog for admitted "intemperate" displays toward defense attorneys in a felony criminal trial that included inappropriately asking a courtroom deputy to physically remove one attorney during a sidebar conference.

  • December 14, 2018

    Texas Justices Won't Hear Ranbaxy's Patent Arbitration Row

    The Texas Supreme Court on Friday denied a petition from Ranbaxy Inc. in a lawsuit where a lower appellate court allowed a fellow generic-drug maker to move forward in arbitration with claims it had been tricked into assigning patent rights to Ranbaxy.

  • December 14, 2018

    11th Circ. Affirms Scientists' $10.5M Fraud Convictions

    Two scientists have had their convictions for fraudulently obtaining government research grants upheld by the Eleventh Circuit, with the panel affirming the couple's respective prison sentences and the order that they must pay $10.5 million in restitution for the grants they secured through the scheme.

  • December 14, 2018

    9th Circ. Pares Nationwide Block Of ACA Birth Control Rules

    A split Ninth Circuit panel has narrowed a lower court’s nationwide ban on Trump administration rules exempting employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, but agreed that the states’ Administrative Procedure Act claims were likely to succeed.

  • December 14, 2018

    10th Circ. Backs Plane Maker In Suit Over Crash Injuries

    A Tenth Circuit panel has sided with airplane maker Beechcraft Corp. and its maintenance arm, Hawker Beechcraft Global Customer Support LLC, ending a suit brought by two passengers who claimed design and manufacturing defects caused a 2013 plane crash in which they were injured.

  • December 14, 2018

    Fed. Circ. Rejects Atty Fee Bid In Surgical Tool IP Suit

    The Federal Circuit ruled Friday that a medical device company that beat a patent lawsuit from Spineology Inc. over a surgical tool for cutting bone is not entitled to recover its attorneys' fees, affirming a lower court’s ruling.

  • December 14, 2018

    Fed. Circ. Reins In Reach Of Double-Patenting Doctrine

    Two recent Federal Circuit decisions have cleared up lingering questions about when patents can be invalidated under the double-patenting doctrine and identified situations where it does not apply, providing patent owners with ways to prevail against invalidity arguments.

  • December 14, 2018

    Top 10 Copyright Rulings Of 2018

    From "Stairway to Heaven" to Fox News to an epic battle over smartphone software, 2018 saw too many important copyright rulings to keep straight. Here are the 10 biggest you need to remember, plus seven more that didn't make the cut.

  • December 14, 2018

    Auto Groups Side With VW In 9th Circ. Emissions Dispute

    Two car manufacturing groups and the U.S. Chamber of Commerce have backed up Volkswagen AG, its affiliates Audi of America LLC and Porsche Cars North America Inc., and auto parts maker Robert Bosch LLC in the Ninth Circuit, urging the court to affirm the dismissal of claims by Florida and Utah counties in sprawling multidistrict litigation over emissions.

  • December 14, 2018

    The Biggest Transportation Rulings Of 2018

    The transportation industry saw some major court decisions in 2018, with freight railroads losing a long-running appellate battle over Amtrak’s regulatory authority and Uber landing a Ninth Circuit win making it more difficult for drivers to pursue worker misclassification claims against it. Here, Law360 looks back at a few of the year’s biggest rulings affecting the transportation sector.

Expert Analysis

  • A Review Of US Economic Sanctions In 2018

    Ama Adams

    In 2018, the U.S. government strengthened sanctions targeting Iran, Russia and Venezuela, sanctioned an agency of the Chinese government and completed the second largest sanctions-related enforcement action on record. And the evidence suggests 2019 will be equally tumultuous, say attorneys with Ropes & Gray LLP.

  • Justices Hard To Read In Key Social Security Procedure Case

    Bill Nolan

    A case of great importance to advocates for Social Security claimants, Biestek v. Berryhill seems straightforward in one sense, but the range of questions at oral arguments before the U.S. Supreme Court suggest it may not be, says Bill Nolan of Barnes & Thornburg LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Property Damage Is Not Necessarily Physical In Calif.

    Catherine Doyle

    In Thee Sombrero v. Scottsdale, a California appellate court recently articulated that for insurance purposes, economic losses can constitute property damage even without physical damage if an insured loses the use of tangible property, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • Walters Case Commands Tougher Cure For Gov't Misconduct

    Harry Sandick

    In U.S. v. Walters, a Second Circuit panel determined last week that professional gambler William Walters was not prejudiced by repeated FBI leaks of confidential grand jury information. There is a risk that the government may draw the wrong conclusion from this decision, say Harry Sandick and Danielle Quinn of Patterson Belknap Webb & Tyler LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Taxpayers Should Note These 2 Items From Calif. Tax Regs

    Eric Coffill

    A “second adopt notice,” issued Nov. 27, is the latest step in the transition of California tax programs to the jurisdiction of the California Department of Tax and Fee Administration. Two major items of interest in the notice involve new appeals procedures, says Eric Cofill of Pillsbury Winthrop Shaw Pittman LLP.

  • Will High Court Avoid Deadlock In Lorenzo?

    Susan Hurd

    Oral argument in Lorenzo v. U.S. Securities and Exchange Commission revealed clear divisions within the U.S. Supreme Court on the type of conduct that forms the basis of liability under Rule 10b-5, say attorneys with Alston & Bird LLP.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.