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Appellate

  • September 21, 2018

    7th Circ. Panel Mulls Power To Rule On Acid Waste Permits

    Seventh Circuit judges said during oral argument Friday that they would have to “utterly negate” state appellate decisions to provide relief to two Colorado energy companies that want clearance from Illinois to dispose of acid waste in underground injection wells.

  • September 21, 2018

    9th Circ. Takes Up Microsoft Women's Class Cert. Appeal

    The Ninth Circuit on Thursday granted female Microsoft workers’ request that it review the denial of class certification in their pay bias suit, setting the stage for the court to weigh what it takes to show a companywide policy of discrimination under the U.S. Supreme Court’s Dukes decision.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long-term unfair practices but also to singular violations.

  • September 21, 2018

    Texas Court Affirms Defense Verdict In Botched Surgery Suit

    A Texas appellate panel on Thursday affirmed a jury’s decision to clear a doctor in a suit accusing him of botching a woman’s hysterectomy and causing serious injuries, rejecting the woman’s argument that the trial judge erred by refusing to strike two potential jurors.

  • September 21, 2018

    Consumer Seeks Full 3rd Circ. Redo Of Toxic Talc Ruling

    Alleging that the Third Circuit contradicted its own prior rulings and created a split with the Ninth Circuit by dismissing a Johnson & Johnson consumer’s proposed class action over talcum powder as “buyer’s remorse,” the customer’s attorneys on Friday asked for the full court to rehear the case.

  • September 21, 2018

    Co. Still Liable If Worker Lies That Taxes Paid: 8th Circ.

    A company misled by an errant employee into thinking he paid its taxes is still liable for interest and penalties when he didn’t, the Eighth Circuit said in an opinion Friday upholding a lower-court dismissal.

  • September 21, 2018

    7th Circ. Got Nuke Subsidy Ruling Wrong, Power Cos. Say

    Independent power producers on Friday said the Seventh Circuit issued a legally flawed decision backing Illinois' program propping up struggling nuclear power plants, but added that they haven't yet decided if they will seek rehearing or will appeal the ruling to the U.S. Supreme Court.

  • September 21, 2018

    Pa. Panel Junks 11th Hour Privilege Waiver In Estate Fight

    An en banc Pennsylvania Superior Court has ruled that a widow in an estate dispute engaged in an improper trial by ambush as she waived her attorney-client privilege, which she had previously asserted to shield communications between her husband and his attorney, as the case went before a jury.

  • September 21, 2018

    Landowner Seeks 10th Circ. Redo Of Okla. Drill Permit Suit

    An Oklahoma landowner has asked the Tenth Circuit to rehear his suit claiming the U.S. Bureau of Indian Affairs let an energy exploration company drill on his land without an environmental review, saying a circuit panel erred in finding that the statute of limitations barred him from filing suit.

  • September 21, 2018

    Pa. Developer Says Defamation Ruling At Odds With Prior Suit

    A developer asked a Pennsylvania appeals court on Thursday to rehear its suit alleging it was defamed by an environmental group as the two competed over the development of a contaminated industrial site, saying the court's finding that the group’s comments were protected speech is inconsistent with prior rulings.

  • September 21, 2018

    Travel Agents Seek 9th Circ. Redo Of Multicity Fares Ruling

    Travel agents asked the Ninth Circuit on Thursday to rehear its August ruling that shut down an antitrust suit accusing American Airlines, Delta, United and others of price-fixing, saying the U.S. Supreme Court's Twombly decision should not be used to suppress private antitrust cases.

  • September 21, 2018

    3rd Circ. Sides With Casinos In Gambler's Suit Over Perks

    The Third Circuit has upheld a New Jersey lower court's ruling that favored two Atlantic City casinos in a "high roller’s" suit claiming the casinos unlawfully promised him coupons and free amenities to gamble at their establishments but failed to back up their offers, finding that the gambler misunderstood the offers and saying "the house always wins."

  • September 21, 2018

    Facebook Users In 9th Circ. Stand By Privacy Claims

    Several Facebook Inc. users stood strong in their Ninth Circuit bid to revive multidistrict litigation accusing the social media giant of unlawfully tracking people's browsing activity after they sign out, asserting that the company's view that they deserve no recourse for its knowing deception defies "common sense and common decency."

  • September 21, 2018

    2nd Circ. Tosses ‘Light Between Oceans’ IP Suit

    The Second Circuit on Friday affirmed the dismissal of a screenwriter's suit accusing Simon & Schuster and Dreamworks of stealing his screenplay for use in the movie "Light Between Oceans," ruling there were not enough similarities between his script and a published book and movie to accuse the companies of ripping off his work.

  • September 21, 2018

    GE Unit Wants Full 11th Circ. To Decide $45M Steel Plant Row

    A French unit of General Electric Co. urged the Eleventh Circuit on Thursday to revisit its decision finding that an Alabama steel plant owner doesn't have to arbitrate the companies' dispute over allegedly faulty motors, arguing that international arbitration law doesn't preclude non-signatories from enforcing an arbitration agreement.

  • September 21, 2018

    Fosamax MDL Revival Must Be Nixed, US Tells High Court

    The Office of the U.S. Solicitor General has urged the U.S. Supreme Court to overturn a Third Circuit decision reviving multidistrict litigation over Merck Sharp & Dohme Corp.’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax, saying such claims are preempted because regulators rejected the company's proposed warning.

  • September 21, 2018

    2nd Circ. Looks Set To Reverse Rakoff On Palin's NYT Suit

    The Second Circuit appeared poised Friday to reverse U.S. District Judge Jed S. Rakoff's dismissal of former vice presidential candidate Sarah Palin's suit accusing The New York Times of publishing a defamatory editorial, with a panel member saying the judge usurped the role of a jury in examining the mindset of the writer.

  • September 21, 2018

    Country Singer's Pub Didn't Infringe 'Descriptive' TM: 6th Circ.

    The Sixth Circuit has affirmed a lower court’s decision favoring a restaurant chain run in partnership with country singer Dierks Bentley, saying none of the arguments raised in Nashville pub The Row’s infringement suit over the chain’s "Whiskey Row" trademark alter the conclusion that its own mark is merely descriptive.

  • September 21, 2018

    DC Circ. Nixes FERC Market Rate Ruling For TransCanada Unit

    The D.C. Circuit on Friday nixed the Federal Energy Regulatory Commission's refusal to let TransCanada Corp.'s U.S. natural gas storage unit charge market-based rates, saying the commission failed to justify that conclusion while letting other companies in the same market charge market-based rates.

  • September 20, 2018

    Challenge To No-Fly List Airborne Again, 9th Circ. Says

    The Ninth Circuit ruled Thursday that the government must face a suit brought by a naturalized U.S. citizen who alleges it put his name on the no-fly list to try to induce him to become an informant, reversing an Oregon federal court’s decision.

Expert Analysis

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Design Patent Confusion In Fed. Circ. Maatita Ruling

    Robert Anders

    The Federal Circuit's decision last month in Maatita effectively eliminates the design patent requirement that drawings must enable a person of skill in the art to make and use the invention. The court failed to properly apply statutory standards, leading to an improper result, say Robert Anders of A Design Consultancy and Christopher Rourk of Jackson Walker LLP.

  • Clarifying Student Due Process Rights At 6th Circ.

    Steven Richard

    In Doe v. Baum, the Sixth Circuit recently ruled that a school must give respondents in a disciplinary proceeding an opportunity to cross-examine the complainant and adverse witnesses. The decision is impactful not only from a constitutional due process perspective, but also in terms of Title IX’s mandates, says Steven Richard of Nixon Peabody LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Opinion

    High Court Must Correct La. Judge's Failure To Recuse

    George Eskin

    The U.S. Supreme Court should agree to hear Lacaze v. Louisiana, a case involving an egregious conflict of interest for a judge who presided over a capital case. It is an opportunity to remind judges to disclose their known connections to cases before them, and recuse themselves when necessary, says George Eskin, a retired California Superior Court judge.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • Can Kavanaugh Be Impeached For Statements To Congress?

    Barbara Radnofsky

    Sitting U.S. senators and a former congressional staffer have accused Judge Brett Kavanaugh of misconduct, including being untruthful in his nomination and confirmation processes for both the D.C. Circuit and the U.S. Supreme Court. Could this subject him to impeachment? Attorney Barbara Radnofsky explores the question through past precedent.

  • Kavanaugh's Chevron Skepticism May Impact Enviro Regs

    Andrea Driggs

    Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • To Stay Or Not To Stay: Considering The '5-Year Rule'

    Karin Bohmholdt

    In Martinez v. Landry Restaurants, a California state appeals court recently held that the time period during which a federal appeal from an order remanding a case to state court is pending should be included when calculating the “five-year rule” for bringing a case to trial. This shows that all counsel should consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries, says Karin Bohmholdt of Greenberg Traurig LLP.