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Appellate

  • December 10, 2018

    DC Circ. Balks At Reversing Pentagon Transgender Move

    Advocacy groups trying to overturn President Donald Trump's policy on transgender people serving in the military faced pointed queries from a D.C. Circuit panel on Monday as to why courts should not defer to the Pentagon's judgment on decisions regarding combat readiness.

  • December 10, 2018

    Fed. Circ. Affirms Gilstrap's Alice Ax Of Email Patent

    The Federal Circuit on Monday upheld findings from U.S. District Judge Rodney Gilstrap that invalidated parts of two patents related to email software, including one that was found invalid under the U.S. Supreme Court’s Alice test.

  • December 10, 2018

    Justices Flush Kimberly-Clark's Appeal In Wipes Case

    The U.S. Supreme Court on Monday refused to hear Kimberly-Clark Corp.’s appeal of a Ninth Circuit decision allowing a putative class plaintiff to seek injunctive relief over claims the consumer products giant falsely advertised its wet wipes as “flushable.”

  • December 10, 2018

    9th Circ. Won't Stay Order Blocking Trump's Asylum Policy

    The Ninth Circuit on Friday rejected the Trump administration's request to allow its rule stripping asylum eligibility from migrants who cross the southern border outside a designated port of entry to go into effect while a lower court order blocking the policy is on appeal.

  • December 10, 2018

    Tishman, Lehman Wins Upheld In Archstone Buyout Row

    Lehman Brothers and Tishman Speyer are off the hook yet again in a sprawling lawsuit sparked by their ill-fated purchase of real estate investment trust Archstone-Smith for $22 billion, after the Tenth Circuit affirmed a lower court's order that shut down the 10-year-long investor class action.

  • December 10, 2018

    Tax Court Right To Reject Couple's $2.4M Tax Shelter: 4th Circ.

    A Fourth Circuit panel has upheld a U.S. Tax Court rejection of a $2.4 million tax shelter scheme, ruling it had no economic substance and the taxpayers should have known it was “too good to be true.”

  • December 10, 2018

    Justices Won't Hear Corning's $61M Patent Appeal Over Halo

    The U.S. Supreme Court on Monday declined to hear a Corning Inc. subsidiary’s challenge to a $61 million judgment against it in a cable patent case, in spite of the fiber optics maker’s arguments that the judgment was based on a misreading of the high court's Halo ruling.

  • December 10, 2018

    Couple Seeks 9th Circ. Redo On $35M EB-5 Fraud Judgment

    The Ninth Circuit should rehear a case in which a panel affirmed a nearly $35 million judgment against a husband and wife who bilked investors out of millions in an EB-5 visa scheme related to a cancer treatment center they never built, as the court did not properly consider inflation and the value of a green card, the couple argued Friday.

  • December 10, 2018

    Renesas Fights Foe's Bid To Bring $77M IP Row To High Court

    Renesas Electronics America Inc. has told the U.S. Supreme Court not to hear Texas Advanced Optoelectronic Solutions Inc.’s challenge of a Federal Circuit ruling that vacated a $77 million verdict against Renesas for stealing trade secrets and violating patent rights.

  • December 10, 2018

    Supreme Court Agrees To Reconsider 'Auer' Deference

    The U.S. Supreme Court on Monday agreed to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation of its own ambiguous regulation, taking up a challenge to so-called Auer or Seminole Rock deference, which has been criticized by several conservative justices on the court.

  • December 7, 2018

    Calif. School Vaccine Law Upheld As Panel Pans 'Hyperbole'

    California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case.

  • December 7, 2018

    Quad/Graphics Must Pay Pension Fund, 9th Circ. Says

    Wisconsin-based marketing and printing firm Quad/Graphics Inc. will have to pay a multi-employer pension plan several million dollars after a Ninth Circuit appeals panel on Friday upheld a lower court's ruling that the fund had correctly calculated how much the company owed after it pulled out of the plan.

  • December 7, 2018

    Vaccine Refusal Was Fireable Offense, 8th Circ. Rules

    Allina Health System did not violate the Americans with Disabilities Act or Minnesota disability laws when it fired an employee who refused to get immunized against rubella because the job requirement protects potentially vulnerable patients, an Eighth Circuit panel ruled Friday, backing a lower court’s decision to throw out the case.

  • December 7, 2018

    Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

    A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.

  • December 7, 2018

    Texas Court Affirms Tollway Agency's Immunity In Death Suit

    A Texas appellate panel on Thursday affirmed a lower court’s dismissal of claims against the North Texas Tollway Authority in a wrongful death suit filed by the father of a man who collided with a downed light pole on the tollway, finding that the agency only knew the pole was down one minute before the collision.

  • December 7, 2018

    Ohio Justices Cut $1.5M Award To Nurse Defamed By Hospital

    The Ohio Supreme Court said Friday that defamation is a kind of injury to a person and is subject to caps on personal injury damages, commanding a lower court to go back and reduce a $1.5 million defamation award to a nurse who was fired after supporting a union organizing effort at her hospital.

  • December 7, 2018

    Nexus Can Access Land For Pipeline Work, 6th Circ. Says

    A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.

  • December 7, 2018

    VW Tells 9th Circ. Counties' Emissions Claims Preempted

    Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.

  • December 7, 2018

    4th Circ. Says Green Card Holder Not Removable Over Felony

    The Fourth Circuit on Thursday determined that a green card holder with a felony abduction conviction under Virginia law was not eligible for removal because he had not committed the offense within five years of his arrival in the U.S., vacating his deportation order.

  • December 7, 2018

    2nd Circ. Asked To Hear Appeal Of $300M Fees In Forex Deal

    The Second Circuit has been asked to hear an appeal of a New York federal court ruling awarding more than $300 million in attorneys' fees to the firms representing an investor class in securing $2.3 billion in settlements over claims 15 banks plotted to rig benchmark exchange rates in the foreign exchange markets.

Expert Analysis

  • The Future Of LGBT Protections: Will High Court Weigh In?

    Allison Oasis Kahn

    The U.S. Supreme Court will soon decide on three pending petitions for certiorari involving questions of sexual orientation and transgender status as a subset of unlawful “sex” discrimination. Allison Oasis Kahn of Carlton Fields examines how the court's involvement could affect the administration’s push to narrow LGBTQ protections.

  • Does A Civil Penalty Time Bar Apply In The Tax Context?

    Armando Gomez

    Next month the Seventh Circuit will hear arguments addressing whether the IRS has an unlimited period of time to assess penalties against alleged promoters of abusive tax shelters. Skadden attorneys, who filed an amicus brief on behalf of the American College of Tax Counsel, review the arguments on both sides of this pivotal case.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • The Latest On Right-To-Work Laws And Union Representation

    David Miller

    With its recent decision in Fred Zuckerman v. Matthew G. Bevin, the Kentucky Supreme Court upheld the constitutionality of the state right-to-work law passed in 2017. David Miller of Bryant Miller Olive PA discusses the implications for unions, especially in light of the U.S. Supreme Court's Janus decision.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Uncertain Future Of Illinois' Biometric Privacy Law

    Richard Darke

    The Illinois Legislature was at the forefront of protecting biometric information from unauthorized disclosure. A decade later, the exact scope of the Illinois Biometric Information Privacy Act is about to be decided by the state high court in Rosenbach v. Six Flags, says Richard Darke of Duane Morris LLP.

  • Fed. Circ. Is Tightening Appellate Standing For IPR Cases

    Craig Countryman

    When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.