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Appellate

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Ex-Refinery Worker Can't Revive 'False Positive' Test Row

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.

  • December 6, 2018

    5th Circ. Says Alcoa Can't Dodge Plant Worker's Injury Suit

    The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.

  • December 6, 2018

    P&G Ducks Revival Of Worker's Disability Suit At 8th Circ.

    An Eighth Circuit panel upheld a win for Procter & Gamble in a former employee's disability suit Thursday, ruling a Missouri federal judge correctly decided P&G didn't abuse its discretion by switching the worker from total to partial disability benefits a year after his gallbladder surgery.

  • December 6, 2018

    Disbarred Miami Atty Asks Court To Reconsider Punishment

    Disbarred high-profile Miami plaintiffs attorney Jeremy Alters asked the Florida Supreme Court Wednesday to reconsider his disbarment, arguing that in overturning the referee’s report — which had recommended no further discipline — the court improperly engaged in fact-finding.

  • December 6, 2018

    Calif. Bill Floated To Undo Dynamex Worker Classification Test

    California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.

  • December 6, 2018

    $23M Suit Over Energy Asset Sales Not Covered: 8th Circ.

    The Eighth Circuit on Thursday affirmed the dismissal of an oil services company's case against an insurer over underlying $23 million unfair-competition claims, saying a lower court was right that coverage was not available.

  • December 6, 2018

    Fla. Justices Stand By Ruling On Expert Testimony Standard

    The Florida Supreme Court on Thursday denied R.J. Reynolds Tobacco Co. and Crane Co.’s bids for a do-over of a closely watched October ruling in which it reinstated an $8 million verdict against the pair and refused to adopt stricter federal standards for the admittance of expert testimony.

  • December 6, 2018

    8th Circ. Upholds Homeowners' Cert. In Row With State Farm

    The Eighth Circuit on Thursday upheld a lower court’s order certifying a class of Arkansas homeowners who say State Farm illegally deducted “labor depreciation” from their home insurance payouts, finding that class treatment is warranted because the plaintiffs’ claims revolve around a common legal question.

  • December 6, 2018

    8th Circ. Affirms BIA's Denial Of Sexual Abuser's Relief Bid

    A split Eighth Circuit panel on Thursday affirmed a Board of Immigration Appeals ruling that reversed an immigration judge’s decision to allow a Mexican native who pled guilty to sexually abusing two minors to avoid deportation and adjust his legal status.

  • December 6, 2018

    NY Terror Plotter's 240-Month Jail Time Affirmed By 2nd Circ.

    The Second Circuit on Thursday affirmed a 240-month sentence for a man convicted of plotting with the Islamic State group to attack people at Merchant’s Grill in Rochester, New York, slapping down his “meritless” bid for a lower sentence despite his claims of being mentally ill.

  • December 6, 2018

    Dallas Paper Asks State Justices To Toss Defamation Claim

    The Dallas Morning News asked the Texas Supreme Court on Thursday to dismiss a Fort Worth pharmacist's defamation claim, arguing that he couldn't prove that the newspaper's reporting that his business was under federal investigation was substantially false.

  • December 6, 2018

    Verizon Unit's IP Suit Sent To Del. After Fed. Circ. Rebuke

    Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.

  • December 6, 2018

    Justices Told Corp. Campaign Money Ban Unconstitutional

    Two Massachusetts small businesses have urged the U.S. Supreme Court to take up their challenge to a state ban on corporate contributions to political campaigns, calling the law “unfair” since the prohibition doesn’t extend to labor union contributions.

  • December 6, 2018

    Fed. Circ. Backs HTC Win In Challenge To Acacia Video Patent

    The Federal Circuit on Thursday refused to revive an Acacia Research Corp. unit’s video compression patent that had been successfully challenged by HTC Corp., leaving in place the Patent Trial and Appeal Board’s decision that the patent is invalid.

  • December 6, 2018

    Tiffany Loses Final Dutch Appeal Of Swatch Arbitral Award

    Tiffany & Co. has failed to shake a 2013 arbitration award worth 403 million Swiss francs ($450 million at the time) issued against it in a dispute with The Swatch Group Ltd. over a soured distribution deal, with the Dutch Supreme Court rejecting the jewelry company’s efforts to annul the award.

  • December 6, 2018

    Young Climate Fight Warriors Want Pretrial Process To Move

    The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.

  • December 6, 2018

    Justices Unlikely To Curb Dual Prosecutions By States, Feds

    The U.S. Supreme Court appeared ready Thursday to reject a historic challenge to separate prosecutions by states and the federal government for the same offense, as both liberal and conservative justices expressed reservations about overturning “170 years” of precedent.

  • December 6, 2018

    Pa. Fireworks Tax Constitutional, Appeals Court Says

    Pennsylvania's expansion and increase of taxes on fireworks sales did not violate the state Constitution, a commonwealth appeals court has found while striking portions of a law that regulated temporary structures used to sell fireworks.

Expert Analysis

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • The Latest On Right-To-Work Laws And Union Representation

    David Miller

    With its recent decision in Fred Zuckerman v. Matthew G. Bevin, the Kentucky Supreme Court upheld the constitutionality of the state right-to-work law passed in 2017. David Miller of Bryant Miller Olive PA discusses the implications for unions, especially in light of the U.S. Supreme Court's Janus decision.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Uncertain Future Of Illinois' Biometric Privacy Law

    Richard Darke

    The Illinois Legislature was at the forefront of protecting biometric information from unauthorized disclosure. A decade later, the exact scope of the Illinois Biometric Information Privacy Act is about to be decided by the state high court in Rosenbach v. Six Flags, says Richard Darke of Duane Morris LLP.

  • Fed. Circ. Is Tightening Appellate Standing For IPR Cases

    Craig Countryman

    When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.

  • Opinion

    High Court Should Recognize Okla. Creek Reservation

    Kevin Dellinger

    On Nov. 27, the U.S. Supreme Court will hear arguments in Carpenter v. Murphy as to whether the Creek Reservation in Oklahoma still exists. The law and history are clear that it remains intact, says Kevin Dellinger, attorney general of the Muscogee (Creek) Nation.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.