Appellate

  • December 13, 2017

    9th Circ. Won't Revive Olympic Swimmer's Defamation Suit

    Hungarian Olympic gold medal swimmer Katinka Hosszu lost a bid to revive a defamation lawsuit against a commentator she alleged had falsely accused her of using performance-enhancing drugs when the Ninth Circuit affirmed the dismissal of the suit on Wednesday.

  • December 13, 2017

    Tribes Seek Full 9th Circ. Rethink Of Fishing Rights Ruling

    The Jamestown S’Klallam Tribe and the Port Gamble S’Klallam Tribe urged the Ninth Circuit on Tuesday to rethink a panel decision that reversed a lower court’s ruling that held that the Lummi Nation lacked authority over disputed waters near Seattle.

  • December 13, 2017

    Medi-Cal Is Owed Piece Of Med Mal Deal, Calif. Court Says

    A California appellate court on Wednesday largely affirmed a trial judge’s finding that California’s Medicaid program is owed a portion of a patient’s $150,000 medical malpractice settlement, rejecting the man's arguments that his case was actually worth $3 million and therefore the state’s calculations were wrong.

  • December 13, 2017

    Atty Need Not Wait For IRS In Malpractice Case: Texas Panel

    A Texas attorney does not need to wait until the IRS assesses the taxability of a financial transaction before defending himself against a malpractice claim that carries a potential liability of about $1.6 million, a Texas appellate panel ruled Tuesday.

  • December 13, 2017

    Fed. Circ. Affirms Sony PTAB Win In PlayStation Patent Case

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision invalidating part of a patent for a computer network that Sony Interactive Entertainment America LLC challenged after its PlayStation gaming system was accused of infringement.

  • December 13, 2017

    9th Circ. Affirms Samsung Win In Patent Antitrust Suit

    The Ninth Circuit affirmed a decision to toss a patent-holding company’s antitrust suit accusing Samsung of conspiring with others to avoid licensing its smartphone patent, rejecting the patent holder’s arguments it had been unlawfully denied royalties.

  • December 13, 2017

    DC Circ. Gives Enviros 2nd Shot To Fight $2.2B Pipeline

    The Sierra Club will be allowed to refile a suit against the Federal Energy Regulatory Commission aiming to stall construction on the $2.2 billion Nexus pipeline after the nonprofit had to pull its initial petition, the D.C. Circuit said Wednesday.

  • December 13, 2017

    MVP: Orrick's Josh Rosenkranz

    Orrick Herrington & Sutcliffe LLP's E. Joshua Rosenkranz notched appellate victories for clients this year that included unanimous U.S. Supreme Court wins in a case over whether sheriff's officers used excessive force and a dispute concerning Fannie Mae’s ability to move suits to federal court, earning him a spot as one of Law360’s 2017 Appellate MVPs.

  • December 12, 2017

    5th Circ. Says CFAA Covers IT Worker's Electronic Sabotage

    The Fifth Circuit on Monday upheld the conviction of a former information technology manager for violating the Computer Fraud and Abuse Act by engaging in an electronic sabotage campaign against his then-employer, rejecting his argument that his conduct fell outside the statute because his job gave him the authority to access and "damage" the company's computer system.

  • December 12, 2017

    On Appeal In NY, Libel Suit Over Trump Tweets Fails Again

    A Republican political strategist lost her $4 million defamation suit against President Donald Trump on appeal in New York state court Tuesday, as a panel ruled Trump’s tweets saying she “begged” for a job were statements of opinion.

  • December 12, 2017

    RI Justices Say Clinic's Med Mal Deal Covers Nurses

    The Rhode Island Supreme Court has affirmed the dismissal of a suit accusing two nurses of medical negligence in connection with a patient's injuries, finding that under state law, a previous settlement with the nurses' health clinic employer shielded its "agents" from liability.

  • December 12, 2017

    Shipping Co. Battles Qualcomm's $1.8M Fees Win In Fed. Circ.

    R&L Carriers argued to the Federal Circuit in an opening brief Monday that an Ohio federal court abused its discretion by awarding Qualcomm $1.8 million in attorneys’ fees in the patent infringement case R&L brought against the company after finding the case is exceptional under Octane Fitness.

  • December 12, 2017

    9th Circ. Tackles Prior Salary Rule In Equal Pay Battle

    An en banc Ninth Circuit panel on Tuesday appeared open to reconsidering its 32-year-old ruling that an employer is protected from Equal Pay Act claims if it bases a new hire’s pay entirely on her prior salary, but several judges seemed torn about what rule should replace it.

  • December 12, 2017

    7th Circ. Tosses Ex-Morgan Stanley Worker’s Sex Bias Suit

    The Seventh Circuit on Monday upheld a lower court’s decision tossing litigation accusing a Morgan Stanley unit of firing an employee because of her sex and allowing coworkers to mistreat her, concluding that her discrimination claim is speculative and she didn’t sufficiently show a hostile work environment.

  • December 12, 2017

    NJ Atty Suspended After 'Brazen Deception' Toward Tribunals

    The state's highest court has suspended an attorney from practicing law in New Jersey for three years over a series of ethics violations that include lying to disciplinary authorities and a federal bankruptcy court and abusing his attorney trust account to avoid creditors.

  • December 12, 2017

    11th Circ. Affirms Patient Recruiter Conviction In $2M Fraud

    The Eleventh Circuit on Tuesday upheld the conviction of the owner of a Miami-area consulting and staffing company who was sentenced to five years in prison for his role in a $2.3 million Medicare fraud scheme that saw him refer patients to home health care agencies in exchange for kickbacks.

  • December 12, 2017

    NY Appeals Court Won't Revive Dental Malpractice Suit

    A New York appellate panel on Tuesday affirmed the dismissal of a suit accusing a dentist of botching a woman's root canals, saying the continuous treatment doctrine does not apply to the otherwise untimely suit.

  • December 12, 2017

    Calif. Surrogacy Agency Not Covered For Negligence Suit

    Admiral Insurance Co. need not defend a surrogacy agency in a negligence suit brought by former clients whose surrogate-born daughter developed a rare form of eye cancer, as the agency failed to disclose the claim on its policy application, according to a California appellate opinion filed Tuesday.

  • December 12, 2017

    Amgen Whistleblower Was Original Source, 2nd Circ. Told

    An attorney for a whistleblower told the Second Circuit Tuesday that his client was an “original source” under the False Claims Act, because he showed Amgen Inc. knew it falsely promoted quality of life benefits for its anemia biologic Epogen.

  • December 12, 2017

    Investors In PowerSecure Stock Suit Out Of Tries At 4th Circ.

    The full Fourth Circuit on Tuesday summarily rejected an investor’s bid to reconsider its decision not to resuscitate a securities fraud case against PowerSecure International Inc. and its CEO, leaving shareholders who blamed the company when its stock price tanked with little recourse.

Expert Analysis

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • ITC Not Treating PTAB Decisions Like Other Agency Rulings

    James Barney

    A Patent Trial and Appeal Board decision of unpatentability should have its full legal effect once promulgated, regardless of any appeal taken by the patent owner. Yet that is not how the U.S. International Trade Commission interpreted the inter partes review statute in its Arista order, says James Barney of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Series

    What I Learned In My 1st Year: Seeing The Big Picture

    John Bartlett.jpg

    When I started at the law firm where I still practice today, I discovered that very often the task at hand required not my razor-sharp analysis of the law, but my ability to read the motivations and meet the needs and expectations of actual human beings — whether through intellect, instinct, intuition or personal experience, says John Bartlett of Stites & Harbison PLLC.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Clarifying CERCLA Allocation For Gov't Contractors

    Thomas Dimond

    Following the Ninth Circuit's recent decision in TDY Holdings v. U.S., government contractors and others whose property and equipment was used to support wartime production should be aware of several factors that could determine whether you obtain significant Comprehensive Environmental Response, Compensation and Liability Act contribution from the federal government, say Thomas Dimond and Kelsey Weyhing of Ice Miller LLP.

  • High Court Seems Poised To Confirm Constitutionality Of IPR

    James Heintz

    Based on the questions asked during the argument on Monday in Oil States v. Greene’s, a divided U.S. Supreme Court appears likely to affirm the Federal Circuit’s decision finding that inter partes reviews conducted by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board pass constitutional muster, says James Heintz of DLA Piper.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Possible High Court Outcomes For PTAB Partial Reviews

    Benjamin Haber

    Monday's oral arguments at the U.S. Supreme Court in SAS Institute v. Matal provided two examples of how the decision might change current inter partes review practice, says Benjamin Haber of Irell & Manella LLP.