• March 20, 2018

    Justices Keep Securities Class Actions Alive In State Courts

    The U.S. Supreme Court on Tuesday ruled that state courts can continue to hear certain securities class actions brought under federal law, delivering a blow to underwriters and newly public companies that argued such claims belong only before federal judges.

  • March 19, 2018

    Mass. Court Ruling Eases Way For Brand Drug Label Claims

    The Massachusetts high court’s ruling that Merck & Co. and other name-brand drugmakers can be liable under state law for mislabeled generics as long as consumers claim that a company acted recklessly in not updating the drug’s label opens up a new path for consumers to bring claims against brand manufacturers in the state.

  • March 19, 2018

    Fla. High Court Urged To Reverse Foreclosure Fees Precedent

    A Florida woman is urging the state's highest court to reverse a precedent-setting appeals court decision that said she could not invoke an attorneys' fees provision after prevailing in a foreclosure suit because the noteholder failed to establish standing, arguing that position encourages wrongful actions.

  • March 19, 2018

    Ky. Court OKs Wrongful Death Suit Over Invalid Power Of Atty

    A Kentucky appeals panel found that the son of a woman who died in a health care facility could pursue his wrongful death suit against the facility and its staff rather than being bound by an arbitration agreement because it was signed by the woman's daughter, who had no authority as her power of attorney.

  • March 19, 2018

    Canada Asks 1st Circ. To Affirm Sovereign Consulate Benefits

    Canada pressed the First Circuit on Monday to affirm that its foreign consulate in Boston should be free to operate its own benefit programs outside of Massachusetts state law.

  • March 19, 2018

    Former NJ US Atty Joins Arnold & Porter

    New Jersey’s longest-serving U.S. Attorney in five decades, Paul J. Fishman, is taking his 35 years of experience on both sides of the private-public fence to Arnold & Porter’s crisis management and strategic response team, the firm announced Monday.

  • March 19, 2018

    Apple, Google Must Warn Distracted Drivers, Calif. Court Told

    A citizens group urged a California appeals court Monday to revive its suit contending Apple, Google, Samsung and Microsoft must warn consumers about the dangers of using smartphones while driving, but found little traction for the proposition that companies are responsible for warning against illegal use of their products.

  • March 19, 2018

    DC Circ. Told To Ignore Shepherds' H-2A Visa Rule Challenge

    The federal government and a pair of ranch advocate groups voiced their opposition on Friday to a D.C. Circuit challenge brought by organizations representing foreign-born shepherds that claim the government is illegally issuing the shepherds H-2A nonimmigrant temporary work visas even though their work is more permanent.

  • March 19, 2018

    After Fed. Circ. Slam, Gilstrap Hands Newegg $565K In Fees

    Following a rebuke from the Federal Circuit, Judge Rodney Gilstrap of the Eastern District of Texas has awarded Newegg Inc. $565,000 in attorneys' fees for the online retailer's victory in a patent suit brought by a nonpracticing entity.

  • March 19, 2018

    Dominion Slams FERC 'Free Rider' Rule at DC Circ.

    Dominion Energy Services on Monday urged a D.C. Circuit panel to overturn a Federal Energy Regulation Commission decision denying it cost-sharing payments for two high voltage energy projects, saying the decision allows other energy providers to “free ride” off regional benefits from the projects.

  • March 19, 2018

    DC Circ. Asked To Void FAA Flight Paths For SoCal Airports

    Culver City, a Santa Monica civic group and local residents told the D.C. Circuit on Friday that the Federal Aviation Administration did not adequately assess noise, air pollution and other environmental factors before implementing new flight paths for Southern California airports as part of its air traffic control modernization program.

  • March 19, 2018

    Insurers Keep Win In Suit Over Man Killed By Air Intake Pipe

    A New York state appeals court found Friday that a health and safety inspection company must cover the cost of a settlement in a suit over a hazard it allegedly missed that led to the death of a factory worker, despite not being the company that delivered the final report.

  • March 19, 2018

    Tax Court Ruling ‘Absurd,’ Professors Tell 2nd Circ.

    A U.S. Tax Court ruling denying a Connecticut woman's bid to reclaim her overpayment in a case of first impression led to an “absurd” result and must be overturned, according to an amicus brief filed in the Second Circuit Friday by two tax professors.

  • March 19, 2018

    Experts Didn't Prove Hernia Mesh Caused Injuries, Court Says

    The New Jersey Appellate Division on Monday refused to revive a product liability case alleging a medical mesh caused a host of complications for a hernia patient, ruling the patient’s expert witnesses couldn’t prove the product caused the problems.

  • March 19, 2018

    NY Urges High Court To Pass On $683M Pipeline Permit Row

    New York state environmental regulators urged the U.S. Supreme Court not to review the state's denial of a water permit for a $683 million gas pipeline project, saying that developer Constitution Pipeline Co. LLC is misreading the Second Circuit's decision backing the permit denial.

  • March 19, 2018

    Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling

    The U.S. Supreme Court on Monday decided not to take up a Japanese airline’s challenge to a Ninth Circuit ruling that allowed a price-fixing suit to proceed against it, setting the stage for All Nippon Airways to duke it out with consumers before a jury this summer.

  • March 19, 2018

    Treasury Urges 5th Circ. To Reinstate Anti-Inversion Rule

    The U.S. Department of the Treasury urged the Fifth Circuit in an appeal filed Friday to resurrect a temporary rule invalidated by a Texas federal court after it sank a planned $160 billion merger between Pfizer Inc. and Irish counterpart Allergan PLC, saying that it had fulfilled its obligations in promulgating the rule.

  • March 19, 2018

    Fed. Circ. Upholds PTAB Loss For Dell On Network Patent

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board ruling that a claim of an Acceleron computer network patent challenged by Dell is not invalid, rejecting Dell’s position that a prior decision required the board to consider an argument it raised late in the case.

  • March 19, 2018

    Illumina Says Sales Ban Needed To Stop Ariosa Infringement

    Illumina Inc. asked a California federal judge to permanently stop Roche’s Ariosa Diagnostics Inc. from using its patents for prenatal testing technology, arguing in a filing on Friday that Ariosa’s parent company’s clout could tarnish Illumina’s testing reputation irreparably.

  • March 19, 2018

    Tribe Asks Fed. Circ. To Pause Restasis Patent Reviews

    Allergan and the Native American tribe that acquired patents for the drug company's Restasis medication urged the Federal Circuit on Friday to stop the Patent Trial and Appeal Board’s review of the patents, days after generic-drug makers ripped their claims of immunity as “manipulative.”

Expert Analysis

  • 6th Circ. Sheds Light On Mandatory Arbitration

    Daniel Winston

    In Smith v. Altisource, the Sixth Circuit recently held that a party seeking to enforce arbitration cannot prevail merely because the arbitration itself is ambiguous and broadly drafted. Instead, a court must determine whether the arbitration clause can "fairly be read to cover" the dispute in question, say Daniel Winston and John Calhoun of Choate Hall & Stewart LLP.

  • Inside The High Court's Take On Interpreting CBAs

    Steven Swirsky

    The U.S. Supreme Court's recent decision in CNH Industrial v. Reese, reaffirming that collective bargaining agreements must be construed according to ordinary contract principles, shows that the court will brook no outliers with respect to the mandatory application of traditional rules of contractual interpretation, say attorneys with Epstein Becker Green.

  • FERC Has Options If Court Pulls Pipeline Certificates

    Randall Rich

    The D.C. Circuit recently denied petitions for rehearing filed by the Federal Energy Regulatory Commission and a group of pipeline companies, and might soon vacate FERC’s orders authorizing the Florida Southeast Connection pipelines. FERC and the pipeline operators face the question of how and whether the pipelines could keep operating without certificates, says Randall Rich of Pierce Atwood LLP.

  • Will High Court Provide Clarity On 'Clear Evidence'?

    Erin Bosman

    The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.

  • No Bright-Line Rule For 'Telework' As ADA Accommodation

    Alexis Ronickher

    As technology has evolved to make telecommuting possible in more types of jobs, so too has the answer to the question of whether it's a reasonable accommodation under the Americans with Disabilities Act. However, as demonstrated by two recent Sixth Circuit decisions, at least one pattern can be discerned in these types of cases, say Alexis Ronickher and Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Cannabis’ CEQA Challenge

    Tyler Welti

    Regulating cannabis raises California Environmental Quality Act review obligations of unprecedented scale. Focusing primarily on commercial cannabis cultivation, Tyler Welti of Venable LLP looks at some emerging CEQA risks facing both cannabis businesses seeking permits and public agencies seeking to permit or ban commercial cannabis.

  • 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.