Appellate

  • December 13, 2017

    2nd Circ. Axes Pharma Exec's Fraud Convictions

    The Second Circuit on Wednesday vaporized a pharmaceutical executive’s felony convictions for importing and selling unapproved prescription drugs, saying a judge improperly blocked testimony about legal advice that purportedly greenlighted the sales.

  • December 13, 2017

    DC Circ. Nixes Freedmen Descendants' Suit Against DOI

    The D.C. Circuit on Tuesday declined to revive a proposed class action, brought by descendants of slaves held by Native American tribes, claiming the U.S. Department of the Interior owes them royalties from land granted to their ancestors, agreeing with a lower court that alleged injuries to their relatives aren’t enough to give them standing.

  • December 13, 2017

    Optimis Urges Del. Justices To Reverse $2M Ex-CFO Fee

    An attorney for physical therapy company OptimisCorp argued on appeal Wednesday before a Delaware Supreme Court panel that the Chancery Court made mistakes of fact and law in a decision that awarded a former officer $2 million for attorneys' fees in a company control fight.

  • December 13, 2017

    Fla. Court Limits Union From Seeking Damages For Members

    A Florida appeals court on Wednesday affirmed that the Fraternal Order of Police, Miami Lodge No. 20 cannot pursue damages for members in a dispute over the city of Miami's 1994 sergeants' exam, because individual members' participation is needed, noting that the issue appeared to be one of first impression.

  • December 13, 2017

    5th Circ. Denies Bid To Reopen 26-Year-Old Deportation Case

    The Fifth Circuit refused Tuesday to reopen a Mexican national’s deportation case more than two decades after an immigration judge ordered his removal, finding that the man presented no new evidence he had legal permanent resident status at the time of the original ruling.

  • December 13, 2017

    RJ Reynolds, Philip Morris Nab New Trials In Fla. Suits

    A Florida appeals court Wednesday reversed nearly $47 million in damages awards against R.J. Reynolds and Philip Morris and ordered new trials in two Engle progeny suits against the tobacco companies.

  • December 13, 2017

    T-Mobile Urges Supreme Court To Reject Prism IP Appeal

    Prism Technologies LLC shouldn’t be granted U.S. Supreme Court review of a Federal Circuit decision invalidating its patents and rejecting its $100 million infringement lawsuit against T-Mobile because a lower court judge never made a reviewable finding of fact, the wireless company says.

  • December 13, 2017

    Fla. Court Revives Med Mal Suit Against Doctor Staffing Co.

    A Florida appeals court on Wednesday revived a suit accusing a physician staffing company of being responsible for the death of a patient due to the allegedly negligent actions of a doctor, saying a previous attorney for the patient’s estate made a legal error that should’ve been allowed to be corrected.

  • December 13, 2017

    Ill. Nuke Plant Subsidies Do Step On FERC, 7th Circ. Told

    A coalition of power producers on Tuesday told the Seventh Circuit that the effort by Illinois to prop up two struggling Exelon Corp. nuclear power plants is an overreach of authority reserved for the Federal Energy Regulatory Commission, adding that Supreme Court precedent showed the state went too far.

  • December 13, 2017

    5th Circ. Affirms $1M Award In Contractor's Coverage Dispute

    Oklahoma Surety Co. is still on the hook for roughly $1 million in damages for denying coverage to a general contractor over a shoddy workmanship suit after the Fifth Circuit on Tuesday affirmed a lower court’s ruling that found the insurer had breached its duty to defend.

  • December 13, 2017

    The Biggest Energy Rulings Of 2017

    Climate change played a starring role in major energy rulings this year, as courts ordered the Federal Energy Regulatory Commission to more closely study pipeline greenhouse gas emissions, backed states' use of nuclear plant subsidies to decrease GHG emissions and thwarted the Trump administration's efforts to roll back climate-friendly energy and environmental regulations finalized during the Obama administration. Here are the biggest energy-related rulings from 2017.

  • December 13, 2017

    Miami Beach Can't Enact New Min. Wage, Fla. Panel Says

    A Florida appeals court on Wednesday affirmed a lower court's decision blocking Miami Beach's proposed minimum wage increase, saying a 2004 voter-approved amendment to the state constitution doesn’t nullify a 2003 state statute that prohibits municipalities from adopting their own wage floors.

  • December 13, 2017

    Judge Did Not Have Conflict In Whistleblower Case: NJ Panel

    A judge who tossed a consumer protection investigator’s whistleblower lawsuit against Atlantic County didn’t need to recuse himself from the case due to his former firm’s past representation of the county, a New Jersey appeals court ruled Wednesday.

  • December 13, 2017

    9th Circ. Says Subaru Ad Didn’t Infringe 'Heart on Hand' TM

    The Ninth Circuit ruled Tuesday that automaker Subaru’s “Share the Love” slogan didn't infringe a California woman’s “A World of Love, for You and Those You Love” trademark, concluding that the only similarities between the two phrases was the generic word “love.”

  • December 13, 2017

    Senate Confirms Texas' Willett For 5th Circuit Seat

    The Senate on Wednesday confirmed Texas Supreme Court Justice Don Willett to the Fifth Circuit, in a sharply divided vote, sending the Lone Star State's "Twitter laureate" to the federal bench.

  • December 13, 2017

    6th Circ. Made 'Favored Class' Of Infringers, Marketer Says

    A marketing firm urged the Sixth Circuit on Wednesday to reconsider its decision that a blogger who had posted the entirety of a copyrighted textbook to his site may continue to remain anonymous if unmasking might chill otherwise protected speech, arguing that allowing an anonymous infringer to be protected under the First Amendment would create an “unprecedented, favored class of wrongdoers.”

  • December 13, 2017

    Pa. Justices Won't Revive Zoloft Birth Injury Suit

    The Pennsylvania Supreme Court on Wednesday turned down an appeal of a decision upholding the dismissal of a lawsuit alleging that the Pfizer Inc. antidepressant Zoloft caused birth defects in an Illinois child.

  • December 13, 2017

    LinkedIn Pushes 9th Circ. To Protect User Data From Startup

    LinkedIn continued its push to have the Ninth Circuit eliminate an injunction that’s allowed a startup company to continue scraping data from public profiles on its website, telling the appellate court it has every right to revoke another company’s access if its policies are violated.

  • December 13, 2017

    Travelers Tells 6th Circ. To Uphold Email Scam Coverage Win

    Bolstered by a filing from an insurance industry trade group, Travelers urged the Sixth Circuit on Tuesday to uphold a lower court's ruling that a tool manufacturer's computer fraud policy doesn't cover $800,000 it lost when thieves posing as a vendor used fraudulent emails to deceive it into wiring money to a sham bank account.

  • December 13, 2017

    Ind. Court Revives Woman’s Botched Spinal Surgery Suit

    An Indiana appeals court on Wednesday revived a suit brought by a patient against the doctor she claims bungled a spinal fusion surgery, ruling that the patient took reasonable steps to uncover the source of her back pain and that the suit was therefore not blocked by the statute of limitations.

Expert Analysis

  • 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.

  • It’s OK, Whistleblowers Will Always Have SOX

    Scott Oswald

    Based on U.S. Supreme Court arguments Tuesday in Digital Realty Trust v. Somers, corporate whistleblowers are headed back to a world in which their main protection against retaliation will be the stalwart Sarbanes-Oxley Act, says Scott Oswald of The Employment Law Group PC.

  • Idea Theft And Free Speech: A 9th Circ. Victory For Writers

    Glen Kulik

    The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.

  • Reasonable-Royalty Lessons From Prism V. Sprint

    Karen Romrell

    The U.S. Supreme Court recently declined to take up Sprint’s appeal, upholding Prism’s patent damages award. Here, Karen Romrell of Hampton IP & Economic Consultants LLC discusses various aspects of prior licenses and settlement agreements as set forth in Prism v. Sprint, along with other court decisions, to assist damage experts in determining a reasonable royalty.

  • Fed. Circ. Guidance For Pharma Method-Of-Use Patent Cases

    Preston Ratliff

    The Federal Circuit's recent decision in Sanofi v. Watson confirmed that the overall content of a generic drug manufacturer’s labeling, as well as real-world evidence of physician practices, inform the induced infringement analysis in Hatch-Waxman cases, say attorneys with Paul Hastings LLP.

  • Series

    My Supreme Court Debut: 'Ladies' Day' At The High Court

    Sarah Weddington

    When I first argued Roe v. Wade before the U.S. Supreme Court, I was told I was believed to be the youngest person ever to argue there. I was 26, says Sarah Weddington, founder of the Weddington Center.

  • The Broad Reach Of Medicare Act’s Preemption Provision

    Jeffrey Bushofsky

    When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.

  • Decoding Settlement Process For FLSA Claims At 2nd Circ.

    Nathan Oleson

    Has the latest stratagem of using a Rule 68 offer of judgment in a Fair Labor Standards Act settlement created an alternative to obtaining formal court approval? This question has divided New York federal district courts over the past two years, and it will be resolved when the Second Circuit hears the appeal in Mei Xing Yu v. Hasaki Restaurant, says Nathan Oleson of Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    Whistleblower Protections Are At Risk At The High Court

    Stephen Kohn

    The U.S. Supreme Court is poised to hear argument in Digital Realty Trust v. Somers, but if it decides to strip the protections of employees who report violations of law to in-house managers it will constitute the greatest setback for voluntary compliance programs since they were established in the mid-1980s, says Stephen Kohn of Kohn Kohn & Colapinto LLP.