• March 15, 2018

    DC Circ. Asks FERC Why Utility's Potential Recoupment Cut

    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.

  • March 15, 2018

    9th Circ. Hears Bid To Revive Stolen IP Suit Against Oculus

    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.

  • March 15, 2018

    Skokomish Tribe Presses 9th Circ. To Revive Hunting Suit

    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.

  • March 15, 2018

    Car Rental Tax Constitutional, Ariz. Appeals Court Says

    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.

  • March 15, 2018

    'Unsalvageable' NJ Atty Disbarred For Litany Of Misconduct

    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.

  • March 15, 2018

    Dismissal Of Aerospace Firm Sale Challenge Upheld In Del.

    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.

  • March 15, 2018

    Ford Wins DQ Of Calif. Judge In Engine Defect Suit

    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.

  • March 15, 2018

    Pa. Court Affirms Defense Verdict In Child’s Flu Death Suit

    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.

  • March 15, 2018

    FERC Won’t Let Pipeline MLPs Recoup Tax Allowances

    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.

  • March 15, 2018

    Zohar Manager Tries To Unpause Ownership Rights Appeal

    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.

  • March 15, 2018

    Ex-NJ Senator Denied Pension Due To Corruption Conviction

    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.

  • March 15, 2018

    ​​​​​​​Senate Panel OKs 10th Circ., Fla., Del. Court Picks

    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.

  • March 15, 2018

    Ex-Boston Top Cop Backs Hair Drug Test To Screen Officers

    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.

  • March 14, 2018

    4th Circ. Says Honeywell, UTC Not Liable For Sellers' Calls

    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. 

  • March 14, 2018

    Fed. Circ. Backs PTAB In Upholding Uterine Endoscope IP

    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.

  • March 14, 2018

    9th Circ. Revives Software Co.'s Copyright Suit Against DHL

    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.

  • March 14, 2018

    9th Circ. Upholds Ruling On Pigeon Poop Deal Coverage

    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.

  • March 14, 2018

    Time To Outlaw Sexual Orientation Bias, 8th Circ. Hears

    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.

  • March 14, 2018

    NJ Nursing Home Must Reinstate Workers, Recognize Union

    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.

  • March 14, 2018

    GWB Figure Tells 3rd Circ. Revenge Plot Wasn't A Crime

    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.

Expert Analysis

  • What May Happen To Your IPR The Day After Oil States

    Douglas Salyers

    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.

  • Is The Antitrust Rule Of Reason Reasonable?

    Randy Gordon

    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.

  • TCPA Rules For VoIP Demand The Impossible From Cos.

    Eduardo Guzmán

    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.

  • Fate Of Public Union Agency Fees In Hands Of High Court

    Shannon Farmer

    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.

  • Digital Realty’s Victory Is A Loss For Corporate Compliance

    Stephen Kohn

    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.

  • 'Risk Corridor' Litigation: Who Speaks For The Gov't?

    Ralph Nash

    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.

  • Congressional Forecast: March

    Layth Elhassani

    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.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    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.

  • Practicality Is A Driving Force In High Court Microsoft Case

    James Kitchen

    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.

  • What Is A 'Reasoned Award' In International Arbitration?

    Odean Volker

    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.