A D.C. Circuit panel skeptically prodded the Federal Energy Regulatory Commission on Thursday for an explanation why the agency ruled that if San Diego Gas & Electric Co. were forced to abandon a contentious project, it could only recoup half of the $31 million it initially spent, despite regulations the utility says mandate full reimbursement.
Total Recall Technologies asked a Ninth Circuit panel Thursday to revive fraud and contract claims alleging the founder of Facebook’s Oculus VR stole its 3-D virtual reality headset design, saying a lower court judge erroneously dismissed the suit after one of TRT’s founders signed over rights to the claims.
The Skokomish Indian Tribe urged the Ninth Circuit on Wednesday to revive its suit accusing Suquamish tribal officers of encroaching on Skokomish hunting grounds in violation of a federal treaty, saying the officials aren't protected from the suit by the tribe's sovereign immunity.
A car rental tax that helped fund the construction of top-tier sports stadiums in Arizona has been ruled legal under both the Arizona and U.S. constitutions by the Arizona Court of Appeals, generally overturning an Arizona Tax Court ruling.
New Jersey's highest court has disbarred an attorney for missing court appearances and lying to a judge, among other infractions, after a disciplinary panel deemed him “unsalvageable” based on his lengthy history of ethical violations.
A shareholder suit challenging the $34 million sale of a New Jersey airplane parts manufacturer will not be revived after the Delaware Supreme Court upheld a dismissal of the action Thursday, agreeing with the lower court’s ruling that the complaint did not show the company directors breached their fiduciary duties.
Ford Motor Co. won the disqualification of the California Superior Court judge that had been about to oversee a trial in a suit over an alleged F-350 diesel engine defect when a state appeals court ruled Wednesday the company hadn’t kicked off its challenge too late.
A Pennsylvania appeals court on Thursday said it would not upend a defense verdict in a lawsuit looking to hold a Philadelphia-area pediatrics practice liable for allegedly failing to offer a flu shot to a child who went on to die from the illness a month later.
The Federal Energy Regulatory Commission will no longer permit master limited partnership interstate natural gas and oil pipelines to recoup an income tax allowance in cost-of-service rates, the agency said Thursday in response to a federal appeals court remand.
The collateral manager of the Zohar Funds, the bankrupt distressed-company investment vehicle, asked a Delaware judge to lift the automatic stay of litigation late Wednesday so that an appeal over the ownership rights of their assets could move forward to the state’s high court.
Former New Jersey State Sen. Wayne Bryant fell short in his attempt to secure retirement benefits, after a state appeals court on Thursday approved of the total forfeiture of his pension based on his criminal conviction in pension-padding schemes related to low-show and no-show public jobs.
President Donald Trump’s picks for the Tenth Circuit and district court seats in Florida and Delaware moved through the Senate Judiciary Committee Thursday, all with at least some bipartisan support.
The former commissioner of the Boston Police Department told a Massachusetts federal judge in a long-running trial Thursday that he believed a drug test using hair samples was a valid means of screening officers, but acknowledged concern about a racial disparity in the results.
The Fourth Circuit on Wednesday upheld the toss of claims seeking to hold UTC Fire & Security and Honeywell liable for allegedly unlawful telemarketing calls made by home-security system retailers, ruling that the plaintiffs had failed to provide "more than a scintilla of evidence" that the alarm manufacturers supported the retailers' actions.
The Patent Trial and Appeal Board rightfully upheld a Smith & Nephew Inc. patent covering a device for removing tissue from the uterus, as an international patent application the company had submitted earlier doesn't count as prior art, the Federal Circuit said Wednesday.
The Ninth Circuit on Tuesday revived part of a copyright infringement suit by a California-based software maker against DHL Supply Chain BV, finding that even though DHL is a foreign company, its use of the software in the Golden State was enough to land it in court there.
The Ninth Circuit affirmed a lower court's ruling that California Capital Insurance Co. must shoulder alone an apartment complex’s $1.9 million settlement with a tenant who developed a disease from pigeon-dropping dust, finding Tuesday that the property manager's insurer need not share in the costs because it had a legitimate carveout in its policy.
The Eighth Circuit was pressed hard on Wednesday by nearly 50 businesses and a slew of civil rights advocacy groups to become the third appellate court in the nation to adopt a standard that Title VII bars sexual orientation discrimination.
The Third Circuit on Wednesday backed two National Labor Relations Board orders forcing a New Jersey nursing home to engage in collective bargaining with its newly unionized employees and rehire a group of nurses fired in retaliation for union activities.
An alleged scheme to reduce local access lanes to the George Washington Bridge as a form of political revenge was not a crime, a former Port Authority of New York and New Jersey executive said Wednesday in urging the Third Circuit to throw out his conviction in the scandal.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
If the U.S. Supreme Court decides in Oil States v. Greene’s that the inter partes review process is unconstitutional, how will it affect the thousands of concluded and pending IPRs, and the constitutionality of other post-grant challenge procedures? The briefing filed in the follow-on petitions provides a good preview of the legal issues that lay ahead, say Douglas Salyers and Lauren Ulrich Baker of Troutman Sanders LLP.
Most of the commentary surrounding the U.S. Supreme Court American Express case has focused on the standards and analysis to be applied in so-called “two-sided market” cases. But those questions are merely symptoms of a greater malady — the “rule of reason” analysis that has come to govern most antitrust cases, says Randy Gordon of Crowe & Dunlevy.
The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.
During oral arguments in Janus v. AFSCME, the U.S. Supreme Court justices peppered counsel on both sides with questions about the First Amendment and the possible impacts of eliminating union agency fees. Notably, Justice Neil Gorsuch, who is expected to cast the deciding vote, did not ask a single question, say attorneys with Ballard Spahr.
In Digital Realty Trust v. Somers, the U.S. Supreme Court undermined Wall Street’s advocacy of internal corporate compliance programs as an alternative to whistleblower reward laws. But the adverse impact of Digital’s Supreme Court victory can and should be mitigated, says Stephen Kohn of Kohn Kohn & Colapinto LLP.
One of the most heavily litigated issues in recent years involves “risk corridor” payments related to Section 1342 of the Affordable Care Act. There are a lot of interesting concerns in these cases, one of which is the conflicting views of the U.S. Departments of Justice and Health and Human Services, says Ralph Nash, professor emeritus of law at George Washington University.
Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.
Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.
Absent new legislation or a major reformation of the mutual legal assistance treaty process, victory in the Microsoft case at the U.S. Supreme Court may be vital for the government when it comes to its ability to conduct investigations in the fast-paced world of electronic data and cybercrime, says James Kitchen of Jones Day.
The term “reasoned award” is not defined in the Federal Arbitration Act, and articulating a satisfactory description of the required elements has been an elusive task, says Odean Volker of Haynes and Boone LLP.