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Appellate

  • June 18, 2018

    Fed. Circ. Revives Part Of Seismic Survey Patent

    The Federal Circuit on Monday found that part of a patent related to marine seismic survey technology was invalid, although the court said the Patent Trial and Appeal Board was wrong to ax more of the patent on rehearing.

  • June 18, 2018

    After Kozinski, 7th Circ. Expands Harassment Reporting

    The Seventh Circuit announced dramatic changes to the way it’s handling sexual harassment and discrimination complaints from clerks and other employees on Friday, becoming one of the first court systems in the country to overhaul its policies in the wake of allegations against former Ninth Circuit Judge Alex Kozinski.

  • June 18, 2018

    Justices Reject Momentive Ch. 11 Make-Whole Payments Row

    The U.S. Supreme Court on Monday denied a last-ditch attempt by creditors of Momentive Performance Materials Inc. to collect on $200 million in fees tied to bonds repaid in bankruptcy, ignoring their argument that allowing the silicone manufacturer to keep the money contradicts “bedrock principles” of bankruptcy law.

  • June 18, 2018

    Trump Admin. Takes Chicago Sanctuary City Row To Justices

    The Trump administration Monday asked the U.S. Supreme Court to stay a nationwide halt that Illinois’ federal courts have placed on enforcing new conditions to a public safety grant that the city of Chicago says ropes so-called “sanctuary cities” into following the president's stringent immigration policies.

  • June 18, 2018

    Fed. Circ. Backs Split Navy Patent Decision, Boosts Damages

    The Federal Circuit in a decision made public Monday upheld a ruling that one of the U.S. Navy’s littoral combat ships had infringed on a company’s fast ship patents and that another vessel had not, while slightly upping the damages award to $7.1 million.

  • June 18, 2018

    Barge Co. Loses Bid For Review Of $20M Oil Spill Ruling

    The U.S. Supreme Court on Monday denied American Commercial Lines LLC's bid for review of a Fifth Circuit decision that left in place a $20 million liability judgment against the company stemming from an oil spill caused by a barge collision on the Mississippi River.

  • June 18, 2018

    Justices Remand Immigrant's Removal Row, Spurn Others

    The U.S. Supreme Court on Monday sent back a case brought by a man challenging the classification of an offense that made him deportable in light of a high court April ruling, after denying his petition for review last month, while declining to hear a number of appeals brought by asylum seekers facing reinstated removal orders.

  • June 18, 2018

    NJ Justices To Review Ex-Cop's Revived Disability Bias Suit

    The New Jersey Supreme Court has agreed to review a lower court's opinion reviving an ex-police officer's disability discrimination suit against the Jersey City Police Department over claims the agency forced him to retire instead of approving a knee replacement surgery, according to an order made available Monday.

  • June 18, 2018

    Delta Must Redo Ex-Worker's Disability Benefits: 9th Circ.

    The Ninth Circuit ruled Friday that the Administrative Committee of Delta Air Lines Inc. misinterpreted a lower court’s ruling when it found that a former employee had to pay back all of the early retirement benefits he took as a result of Delta's wrongful denial of his claim for long-term disability benefits. 

  • June 18, 2018

    Special Immigrant Juveniles Get Due Process, 3rd Circ. Rules

    The Third Circuit found in a precedential opinion that a provision in the Immigration and Nationality Act that strips the federal courts from reviewing removal orders is unconstitutional as it applies to those with certain immigrant statuses, and that a proposed class of immigrant children are entitled to injunctive relief — despite the expedited removal orders out against them.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    NJ Justices Won't Review Helmet Co.'s Win In Bike Crash Suit

    The New Jersey Supreme Court declined to review a state appellate decision upholding a jury’s unanimous finding that a bicyclist who received quadriplegic injuries was wearing a non-defective helmet, according to a Friday filing.

  • June 18, 2018

    High Court Nixes Ex-FBI Agent, Club Owner's Cert. Bids

    The U.S. Supreme Court on Monday swatted away appeals over whether a South Carolina strip club should have been allowed to enforce arbitration pacts it made certain dancers sign while a wage-and-hour collective action was pending, and whether a former FBI agent could raise a whistleblower retaliation defense before the U.S. Merit Systems Protection Board.

  • June 18, 2018

    High Court Wants SG's Input In Calif. Foie Gras Ban Suit

    The U.S. Supreme Court asked the solicitor general Monday to weigh in on a challenge to California's ban on selling products made by force-feeding birds, particularly foie gras, seeking the government's views on whether the state rule is preempted by federal law.

  • June 18, 2018

    Gerrymandering Foes Suffer Blow At High Court, For Now

    Opponents of political gerrymandering suffered setbacks Monday after the U.S. Supreme Court refused to strike down electoral maps in Wisconsin and Maryland allegedly drawn to favor one party over the other, but the justices’ narrow rulings mean the issue will almost certainly resurface in the near future.

  • June 18, 2018

    6th Circ. Won't Rehear Norton Health Retirees' ERISA Suit

    The full Sixth Circuit on Monday said it won't reconsider a panel's ruling saying that a common law standard that allows courts to interpret ambiguous contract provisions didn't apply when an Employee Retirement Income Security Act plan administrator was given discretion, rejecting arguments from Norton Healthcare Inc. retirees that the decision flouted the court's precedent.

  • June 18, 2018

    Mass. Top Court Greenlights Nurse Staffing Ballot Question

    A ballot question limiting the number of patients who can be assigned to a single nurse will be asked to Massachusetts voters this fall after the Massachusetts Supreme Judicial Court on Monday shot down a bid by a group of voters who challenged the question on constitutional grounds.

  • June 18, 2018

    Ohio Court Tosses Botched Catheter Removal Suit

    An Ohio appeals court on Monday tossed a suit accusing a medical assistant of negligently removing a prostate surgery patient's catheter, which caused severe penile injuries, saying a state Supreme Court precedent invoked by the patient doesn't apply because no physician was named as a defendant in the suit.

  • June 18, 2018

    Florida Man Wins High Court Battle Over Retaliatory Arrest

    The U.S. Supreme Court on Monday ruled that the existence of probable cause for an arrest does not eclipse a claim of retaliatory arrest, giving Fane Lozman — houseboat owner, activist and thorn in the side of the city government of Riviera Beach, Florida — his second win in the nation's highest court.

  • June 18, 2018

    NJ Court Finds No Negligence In Priest's Fall At Hospital

    A priest who went to the hospital to give a patient last rites only to fall and break his own hip doesn't have a negligence case because some of his evidence was hearsay and the hospital owner could not have foreseen the accident, a New Jersey appellate court has found.

Expert Analysis

  • Fed. Circ. Weighs In On Obviousness-Type Double Patenting

    Chad Peterman

    In UCB v. Accord, the Federal Circuit affirmed that claims covering a pharmaceutical compound were not invalid for obviousness-type double patenting. This case provides guidance on the obviousness and obviousness-type double patenting analyses in chemical compound cases, say attorneys at Paul Hastings LLP.

  • Kokesh And Its Impact On SEC Enforcement, A Year Later

    Matthew Solomon

    One year ago, the U.S. Supreme Court ruled in Kokesh that the U.S. Securities and Exchange Commission’s disgorgement remedy is subject to a five-year statute of limitations. This has had a quantifiable effect on the agency’s enforcement program, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Clarifying Standing In False Ad Cases At 9th Circ.

    Erik Swanholt

    Recent decisions by and within the Ninth Circuit elucidate the contours of Article III standing when plaintiffs seek injunctive relief in false advertising cases despite already having awareness of the claimed false advertising of the product, offering insights for companies defending against these types of claims, say Erik Swanholt and Kendall Waters of Foley & Lardner LLP.

  • Epic Systems V. Lewis: PAGA's Epic Demise?

    Thea Rogers

    In light of the U.S. Supreme Court's recent decision in Epic Systems v. Lewis, California employees and lawyers are likely to question whether representative actions brought under the state's Private Attorneys General Act are now similarly waivable through arbitration agreements, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • Epic Systems May Point To Fate Of 'Lamps Plus' At High Court

    Ryan Bates

    If the U.S. Supreme Court affirms the Ninth Circuit's decision in Lamps Plus v. Varela, plaintiffs subject to arbitration agreements that are silent on class issues could find a “back door” into class arbitration. This begs the question: Does the high court's recent Epic Systems decision hint as to how it may decide Lamps Plus? asks Ryan Bates of Hunton Andrews Kurth LLP.

  • 2 Gambling Issues That May Change After Sports Bet Ruling

    David Jacoby

    The U.S. Supreme Court's decision in Murphy is just the latest flip in America’s roller-coaster treatment of gambling. This particular twist is likely to impact directly the fortunes of two groups somewhat improbably linked by their relationship to gambling — Native American tribes and the tiny Caribbean nation of Antigua and Barbuda, says David Jacoby of Culhane Meadows PLLC.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • 9th Circ. Preemption Ruling Could Be Costly For Banks

    Richard Gottlieb

    For many years, national banks have relied on preemption to exempt themselves from potential obligations under state escrow and other lending laws. The Ninth Circuit’s recent decision in Lusnak v. Bank of America that the National Bank Act does not preempt such laws could therefore have wide-ranging effects, say Richard Gottlieb and Diana Eisner of Manatt Phelps & Phillips LLP.