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Appellate

  • June 19, 2018

    Wireless Tech Patent Killed Under Alice In Suit Against HTC

    A Seattle federal court has tossed infringement claims against smartphone maker HTC, ruling that a Uniloc patent on wireless remote control technology was too abstract to be valid.

  • June 19, 2018

    9th Circ. Backs Arbitration In Ex-CVS Worker's Bias Suit

    The Ninth Circuit ruled that a former CVS Pharmacy Inc. pharmacist must arbitrate his claims that the company didn't give him an appropriate seating accommodation and illegally fired him because he was close to qualifying for certain retirement benefits.

  • June 19, 2018

    Pa. Justices OK Suit Over Worker's Past Drug Theft

    Pennsylvania's highest court on Tuesday cleared the way for patients of a Kansas hospital to pursue negligence claims against the University of Pittsburgh Medical Center after they allegedly contracted hepatitis from an employee in the Sunflower State who UPMC had caught stealing fentanyl syringes years before but whose conduct went unreported to federal authorities.

  • June 19, 2018

    Merck Implant Suit Barred By Wrongful Birth Law: 1st Circ.

    After a Maine woman’s birth control implantation went awry and turned her into a mother, the First Circuit ruled Monday she cannot sue implant maker Merck or her U.S.-funded doctors, saying she failed to pursue what could have been a worthwhile argument to apply the most exigent level of review to the Maine law blocking her path.

  • June 19, 2018

    Fed. Circ. Affirms PTAB Ax Of Airbag Patent

    The Patent Trial and Appeal Board correctly struck down claims in an airbag patent owned by a subsidiary of licensing firm Acacia Research Corp., the Federal Circuit ruled Tuesday.

  • June 19, 2018

    Rutgers Whistleblower Row Revived Over Judge's Silence

    A New Jersey state appeals court on Tuesday revived a whistleblower suit against Rutgers University from an ex-employee alleging he was fired in retaliation for his objecting to the school's procurement methods, saying a trial court failed to spell out its reasons for dismissing the case and denying a bid to extend discovery.

  • June 19, 2018

    9th Circ. Won't Revive Wash. Tribe's Hunting Grounds Suit

    A Ninth Circuit panel on Monday declined to reinstate the Skokomish Indian tribe's suit accusing Suquamish tribe officers of encroaching on its hunting grounds, agreeing with a lower court that the suit failed to include crucial parties.

  • June 19, 2018

    Jack In The Box Franchisees Lose TM Appeal At 9th Circ.

    The Ninth Circuit on Monday affirmed a California federal judge's decision siding with Jack in the Box Inc. in a trademark dispute against two franchisees who continued operating under the fast-food chain's name after failing to pay royalties and other fees.

  • June 19, 2018

    5th Circ. Revives Texas Walmart Slip-And-Fall Suit

    The Fifth Circuit has revived a slip-and-fall case in Texas against a Walmart unit, disagreeing with the lower court that there was no way the accident victim could prove at trial his fall occurred because of a puddle left behind by a Walmart auto-scrubber.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    High Court Won't Look At PTAB Ruling Over Time-Bar Issue

    The U.S. Supreme Court on Monday refused an inventor’s case that claimed the Patent Trial and Appeal Board instituted an America Invents Act review of his decorative garden light patent, ultimately invalidating it, despite the patent’s challengers having filed a lawsuit against him more than a year prior.

  • June 18, 2018

    Kohl's Customer Can't Get Refund In Discount Suit: 9th Circ.

    The Ninth Circuit ruled Monday that Kohl’s doesn’t have to pay a customer restitution for placing allegedly false markdowns on its price tags, in an unpublished decision that had the appeals court weighing in on an issue that has divided California federal courts.

  • June 18, 2018

    Pa. Panel Won't Revive Racketeering Claims Against Linn Law

    A Pennsylvania appeals court said Monday it would not revive claims from a once-prominent, Pittsburgh-area businessman that his ex-wife and attorneys with Linn Law Group engaged in racketeering and abusive litigation in connection with a contentious four-year divorce proceeding.

  • June 18, 2018

    UBS Units Seek $20M Debt Bond Suit Coverage At 1st Circ.

    UBS AG units on Monday urged the First Circuit to revive its bid for $20 million in coverage for costs associated with claims that investors lost billions of dollars because UBS manipulated Puerto Rico's municipal debt bond market, arguing that the claims are not sufficiently similar to previously filed actions to trigger a policy exclusion.

  • June 18, 2018

    Justices Won't Review Lumber Liquidators Shoppers' Suit

    Lumber Liquidators Inc. shoppers will not get another chance to revive their putative class action against the business over claims its invoices ran afoul of state consumer protection laws after the New Jersey Supreme Court declined to second-guess a lower court ruling upholding the suit’s dismissal.

  • June 18, 2018

    LA County Not Liable For Atty’s $13.9M Crash, Panel Says

    A divided California appeals panel reversed a $13.9 million judgment against Los Angeles County on Monday, ruling in a published opinion that the local government can’t be held responsible for a public defender’s car crash on his commute home because he didn’t need his car to do his job that day.

  • June 18, 2018

    Talk Radio Networks Ask Judge To Lift Cumulus Ch. 11 Stay

    A group of talk radio content producers appealing the dismissal of an antitrust suit against Cumulus Inc. and others asked a New York bankruptcy judge on Monday to lift the company's Chapter 11 stay to let them file an opening brief to the Ninth Circuit.

Expert Analysis

  • 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.

  • Why Arbitration In Trucking Contractor Agreements Matters

    Robert Campobasso

    In Oliveira v. New Prime, the U.S. Supreme Court faces the question of whether a trucking company can enforce an arbitration clause in its independent contractor agreement with its driver. The repercussions of a decision limiting the binding effects of arbitration clauses would be felt throughout the trucking industry, says Robert Campobasso of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 9th Circ. Rejects Textualist Approach To Bankruptcy Code

    Steve Werth

    The Ninth Circuit's recent decision in Lee v. Field indicates that the court will adopt a commonsense interpretation of the Bankruptcy Code, closer in line to the practical rulings made by bankruptcy courts than those of the U.S. Supreme Court, says Steve Werth of SulmeyerKupetz.

  • Measuring Control And Direction Under Dynamex 'ABC' Test

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Dynamex Operations West v. Superior Court of Los Angeles County has brought California in line with other states that rely on a so-called ABC test to determine whether a worker is an employee or independent contractor. Elizabeth Arnold of Berkeley Research Group LLC offers strategies to systematically evaluate factor A of the test and the concept of control.

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.

  • 2 Key Questions After High Court's Epic Systems Opinion

    Andrew McBride

    There are two components to the U.S. Supreme Court’s recent decision in Epic Systems v. Lewis worthy of further thought and analysis. The first is whether anything remains in the battle between individual arbitration clauses and class or collective actions, and the second is Justice Neil Gorsuch’s treatment of the National Labor Relations Board’s Chevron deference argument, say attorneys with Perkins Coie LLP.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.