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Appellate

  • 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.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Fla. Gov. Sued Again Over Plans To Appoint 3 Justices

    Florida Gov. Rick Scott was sued again Thursday over his plan to appoint three justices to the Florida Supreme Court on his final day in office, as liberal advocacy groups say the state constitution does not give him the authority to begin the nomination process until the retiring justices vacate their seats.

  • September 20, 2018

    11th Circ. Asked To Reconsider 'Poop Cruise' Suit Dismissal

    Carnival passengers who were stranded at sea in a 2013 incident known as the “Poop Cruise” asked the Eleventh Circuit on Thursday to reconsider an August decision to toss their suit, saying the ruling runs counter to U.S. Supreme Court precedent.

  • September 20, 2018

    Kokesh Defeats JPMorgan's $286M Coverage Award: NY Court

    A New York appeals court on Thursday reversed an order requiring a group of insurers to pay J.P. Morgan Securities Inc. $286 million for settlement costs that Bear Stearns shelled out in a deal with the U.S. Securities and Exchange Commission, saying coverage is precluded based on the U.S. Supreme Court's 2017 ruling in Kokesh that disgorgement is a penalty.

  • September 20, 2018

    Uber Presses 9th Circ. To Undo Driver Misclassification Suits

    Uber told the Ninth Circuit on Wednesday that its recent finding that federal law doesn’t preempt California’s decades-old standard for determining whether workers are employees or independent contractors should dismantle a class of hundreds of thousands of Uber drivers alleging they were misclassified and denied expense reimbursements and tips.

  • September 20, 2018

    Fla. Justices Restore Bad Faith Finding Against Geico

    A sharply divided Florida Supreme Court on Thursday reinstated a jury's $9.2 million verdict against Geico for bad faith in the insurer's handling of a claim against a policyholder for a deadly car crash, in a decision that could have a significant effect on insurance cases in the state.

  • September 20, 2018

    2nd Circuit Balks At Bid To Lower No-Fault Fraud Sentence

    The Second Circuit on Thursday expressed reluctance to force a federal judge in Brooklyn to rethink a prison sentence that was longer than prosecutors originally recommended for a man who admitted his role in a no-fault insurance scheme after cooperating with prosecutors to bring in his alleged co-conspirators.

  • September 20, 2018

    7th Circ. Will Not Rehear Suit Against GSK Over Atty's Suicide

    The Seventh Circuit on Thursday refused to reconsider its decision to overturn a $3 million verdict blaming GlaxoSmithKline for the suicide of a Reed Smith partner who had been taking a generic version of its Paxil drug.

  • September 20, 2018

    9th Circ. Saves Gym TCPA Suit After DC Circ. Ruling

    The Ninth Circuit on Thursday revived a proposed class action accusing gym chain Crunch San Diego LLC of spamming members' cellphones with promotional text messages, finding that a recent D.C. Circuit decision led to an expanded definition of an autodialer under the Telephone Consumer Protection Act.

  • September 20, 2018

    Kavanaugh Accuser Negotiating Testimony Before Senate

    Amid the furor sparked by sexual misconduct allegations against D.C. Circuit Judge Brett Kavanaugh, his accuser entered into negotiations Thursday over appearing before the Senate for a hearing that could determine whether the judge makes it to the U.S. Supreme Court.

  • September 20, 2018

    6th Circ. Revives Flint Employee’s Whistleblower Claim

    A Sixth Circuit panel on Thursday cleared the way for a former city administrator for Flint, Michigan, to pursue her whistleblower claims over allegations she was fired for reporting the mayor’s allegedly improper behavior.

Expert Analysis

  • New Oversight Powers For NY Special Needs Justice Center

    John Dow

    The New York high court recently issued a decision in Anonymous v. Molik, answering several questions concerning the scope of charges that could be brought by the Justice Center for the Protection of People with Special Needs. As a result, the Justice Center can now target contractors, regulated providers and facility managers directly, says John Dow, assistant general counsel for The Arc New York.

  • Good Fortune Shipping And The Withdrawn Altera Opinion

    Patrick Smith

    In the weeks since the Ninth Circuit and D.C. Circuit issued conflicting opinions in challenges to the validity of tax regulations, other developments have undercut the impact of the Ninth Circuit's Altera opinion. Meanwhile, the Good Fortune Shipping opinion's application of the reasoned decision-making standard provides a welcome addition to the body of case law, says Patrick Smith of Ivins Phillips & Barker Chtd.

  • A New Approach To Industry Custom Evidence In California

    Alan Lazarus

    In its ruling last week in Kim v. Toyota Motor Corp., the California Supreme Court broke with decades of precedent and allowed a manufacturer to use evidence of compliance with industry practice to show a design was not defective. This is a surprising but welcome statement of flexibility and realism in product liability cases, says Alan Lazarus of Drinker Biddle & Reath LLP.

  • Equitable Mootness Is Alive And Well In Chapter 9

    Richard Cooper

    Last month's opinion in Bennett v. Jefferson County brings the Eleventh Circuit in line with other courts that have found that the equitable mootness doctrine should apply in Chapter 9. The decision may be particularly relevant in Puerto Rico's ongoing restructuring proceedings, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • Treatment Method Patents After Fed. Circ. Vanda Ruling

    Kurt Lockwood

    The Federal Circuit's Vanda v. West-Ward analysis was endorsed in a U.S. Patent and Trademark Office memorandum and should allow for more consistent application of the U.S. Supreme Court’s framework for evaluating method of treatment claims, say Kurt Lockwood and Erin Martell of Kacvinsky Daisak Bluni PLLC.

  • The Potential Reach Of High Court's AmEx Antitrust Analysis

    Barry Reingold

    As lower courts decide whether to apply the U.S. Supreme Court's AmEx decision to other types of two-sided markets, the key question will be whether allegedly anti-competitive conduct on one side of a platform may be credibly constrained by indirect network effects on the other, say Barry Reingold and David Chiappetta of Perkins Coie LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.