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Appellate

  • January 15, 2019

    4th Circ. Hands Saveri Firm Win In $1.2M Legal Fees Battle

    Former Lieff Cabraser Heimann & Bernstein LLP attorney Joseph Saveri's firm doesn't have to pay another plaintiffs firm a $1.2 million referral fee out of his score from settlements in titanium dioxide price-fixing litigation, the Fourth Circuit ruled Monday, finding he'd never agreed to shell out the sum.

  • January 15, 2019

    Fed. Circ. Upholds Apple’s $440M Loss In VirnetX Patent Case

    The Federal Circuit on Tuesday upheld a $440 million Eastern District of Texas judgment that Apple Inc. infringed four VirnetX Inc. network security patents, although it put off ruling on whether to affirm Patent Trial and Appeal Board decisions invalidating the patents.

  • January 15, 2019

    Fed. Circ. OKs PTAB Decision Letting Patentee Amend Claims

    The Federal Circuit on Tuesday upheld the Patent Trial and Appeal Board’s decision to let the owner of an automotive patent amend some claims in an inter partes review after the claims were deemed invalid, leaving in place a rare ruling by the board that found proposed substitute claims patentable.

  • January 15, 2019

    Miami Atty Humiliated Ex-Partner, Ethics Complaint Says

    The Florida Bar filed an ethics complaint Monday against Miami-area divorce attorney Daniel Kaplan, saying he disparaged and humiliated other attorneys, including in connection with a legal dispute with his former partner Eduardo Rasco, and violated a related court order.

  • January 15, 2019

    Akorn Wants Derivative Suit Related To Failed Merger Axed

    Akorn Inc. told an Illinois federal judge on Monday that a shareholder’s consolidated derivative suit claiming the pharmaceutical company’s falsified regulatory submissions sunk a multibillion-dollar merger and tanked Akorn’s share price doesn’t offer allegations to support a securities claim and must be tossed.

  • January 15, 2019

    Golf Course Urges 7th Circ. To Make GE Clean Up Water

    An Illinois federal judge who found that General Electric Co. created imminent and substantial endangerment by contaminating 500 million gallons of drinking water was wrong not to also order the company to clean up its mess, a golf course told the Seventh Circuit on Tuesday.

  • January 15, 2019

    NJ High Court Probes 'Step-Down' Clause In Fatal Crash Row

    The insurance carrier for a BMW dealership must cover a crash in which an off-duty police officer was killed by a drunken driver operating a loaner vehicle from the dealership, counsel for the officer’s estate told the New Jersey Supreme Court at arguments on Tuesday in challenging a state appellate ruling that coverage was not required.

  • January 15, 2019

    Dems Seek Senate Intervention In 5th Circ. ACA Case

    Senate Democrats pushed the chamber and its general counsel Tuesday to intervene in a blockbuster legal feud over the Affordable Care Act, introducing a resolution that mirrors one passed by the House seeking to reverse a Texas federal judge’s striking of the law.

  • January 15, 2019

    NY Title Insurance Kickback Rule Revived On Appeal

    A New York state appellate court ruled Tuesday that the state Department of Financial Services had the power to ban title insurance companies from wining and dining lawyers and others who could refer business to them, paring back a lower court's ruling that struck down the regulation.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

  • January 15, 2019

    Pa. Judge's Tough Sex Offender Sentences Challenged Again

    Attorneys again questioned whether a Pittsburgh-based state judge had given an excessive sentence to a convicted sex offender, although the judge has announced her resignation after the Superior Court of Pennsylvania chastised her for an appearance of bias and removed her from two similar cases.

  • January 15, 2019

    USCIS Breached Asylum Seeker's Confidentiality: 9th Circ.

    The Ninth Circuit has revived asylum claims made by a Kenyan citizen who claimed she escaped genital mutilation, holding that by uncovering through a third-party source that a piece of her evidence was forged, U.S. Citizenship and Immigration Services violated her confidentiality and may have put her at further risk.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

  • January 15, 2019

    Appellate Group Of The Year: Jenner & Block

    Jenner & Block's 22-person appellate team won a case that could radically change how people watch sporting events and successfully argued a case at the U.S. Supreme Court that will affect anyone who pays taxes, earning the firm a spot among Law360’s 2018 Appellate Groups of the Year.

  • January 15, 2019

    In Win For Workers, Justices Nix Trucking Co. Arbitration Bid

    The U.S. Supreme Court ruled Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices the proper minimum wage, saying transportation workers engaged in interstate commerce, including those classified as independent contractors, are exempt from the Federal Arbitration Act.

  • January 14, 2019

    Supreme Court Skeptical Of TVA's Injury Immunity

    U.S. Supreme Court justices expressed skepticism Monday as to why the Tennessee Valley Authority should be deemed immune to a suit accusing the government-owned utility of causing a sports fisherman’s serious injury due to a power line incident.

  • January 14, 2019

    Skip Md.'s Bid To Revive Price-Gouging Law, Justices Urged

    The generic-drug industry on Monday urged the U.S. Supreme Court to turn down Maryland's attempt to revive a state law targeting price gouging, arguing that Maryland is attempting to skirt a "bedrock principle of federalism" by regulating what happens in other states.

  • January 14, 2019

    1st Circ. Denies NFL Benefits To Late Patriots Pro's Ex-Wife

    The ex-wife of late New England Patriots Pro Bowler Mosi Tatupu cannot claim survivor benefits from the NFL after the First Circuit ruled that a posthumous domestic relations order does not overrule the couple's marital separation agreement that only entitled her to receive one-third of his benefits.

  • January 14, 2019

    Oracle, Rimini Spar At High Court Over Copyright Costs

    Attorneys for Oracle and a technical support service called Rimini Street Inc. faced off Monday before the U.S. Supreme Court over how much a winning copyright litigant can recoup in legal bills, offering the justices sharply divergent views on what lawmakers meant by “full costs.”

  • January 14, 2019

    7th Circ. Questions Standing In Chicago Home-Share Reg Suit

    Too much "meaningful" time has passed since an advocacy group and several individuals launched their challenge to Chicago's short-term rental regulations for the plaintiffs to clearly prove they still have standing to pursue their case, the Seventh Circuit held Monday.

Expert Analysis

  • 2 Circuits Clear Up NGA Questions For Pipeline Cos.

    Arthur Schmalz

    Recent decisions from the Sixth and Eleventh Circuits address several common procedural issues in a manner favorable to pipeline companies seeking immediate possession in Natural Gas Act condemnations, says Arthur Schmalz of Hunton Andrews Kurth LLP.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • Watch These ERISA Cases In 2019

    Karen Handorf

    Last year, rulings by multiple federal courts reduced fiduciaries' accountability to retirement plan participants. But litigation and regulatory developments in the coming year may ensure that participants harmed by fiduciary misconduct find fewer hurdles to recovery, say Karen Handorf and Daniel Sutter of Cohen Milstein Sellers & Toll PLLC.

  • 3 Key Food And Beverage Trends To Watch In 2019

    Angela Spivey

    As we ring in the new year, attorneys with Alston & Bird LLP discuss what to expect from slack-fill litigation, partially hydrogenated oil-related lawsuits, and the messy regulatory landscape of cannabidiol and THC edibles.

  • 5 Most-Read Legal Industry Guests Of 2018

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    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • Roundup

    Winner's Playbook

    Winner's Playbook

    Take a peek behind the scenes of four U.S. Supreme Court cases from 2018, as the attorneys who won them reflect on the challenges they faced and the decisions they made that led to victory.

  • Opinion

    High Court's Tibble Opinion Matters Now More Than Ever

    Jerome Schlichter

    As demonstrated by numerous rulings and settlements throughout 2018, the U.S. Supreme Court's 2015 decision in Tibble v. Edison — the first 401(k) excessive fee case it ever considered — continues to provide critical protections that will affect an ever-growing population of retirees, says Jerome Schlichter of Schlichter Bogard & Denton LLP.

  • High Court's Frog Opinion Reaches Beyond ESA

    Keith Bradley

    The U.S. Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service focused on interpreting the Endangered Species Act. However, a second aspect of the opinion will likely reach beyond the more obvious consequences, says Keith Bradley of Squire Patton Boggs LLP.

  • Questions Follow 9th Circ. Solidification Of Escobar Test

    Jessica Westerman

    By declining to reconsider U.S. v. Stephens Institute, the Ninth Circuit forfeited an opportunity to outline the contours of the so-called Escobar test for claiming implied false certification liability under the False Claims Act, and to explain how it differs from the test that came before it, say attorneys at Katz Marshall & Banks LLP.

  • The State Of Pharma Class Certification After Asacol

    Aaron Yeater

    The First Circuit's recent decision in the matter of the Asacol Antitrust Litigation may prove to be a watershed in pharmaceutical antitrust litigation, offering some precision in interpreting the burden of class certification and making clear what defendants must establish, say experts at Analysis Group Inc.