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Appellate

  • September 18, 2018

    Christie Critic Seeks To Revive GWB Scandal Complaint

    Counsel for an activist urged a New Jersey state appellate panel Tuesday to revive his criminal complaint accusing former Gov. Chris Christie of official misconduct over an alleged scheme to reduce local access lanes to the George Washington Bridge for political revenge, saying the prosecutors who dismissed the case had a conflict of interest.

  • September 18, 2018

    FWS Asks Justices To Uphold Decision To End Otter Program

    The federal government has asked the U.S. Supreme Court not to take a test of the Chevron deference doctrine in a case brought by California commercial fishing groups arguing the U.S. Fish and Wildlife Service went beyond its authority in deciding to shutter an experimental program for threatened sea otters.

  • September 18, 2018

    Trump's Military 'Transgender Ban' Will Stay Blocked

    A California federal judge on Tuesday refused to dissolve an injunction blocking the federal government’s military “transgender ban” from going into effect, ruling a revision to the policy was not meaningfully different from the initial outright ban.

  • September 18, 2018

    Texas Judge Skeptical Of Bid To Skirt Noncompete Arbitration

    A Texas appellate judge on Tuesday said during oral argument the lawyer for a former insurance finance employee had “some explaining to do,” questioning the employee’s argument her bid to void a noncompete agreement doesn’t belong in arbitration.

  • September 18, 2018

    Preemption Lines Blurred In 9th Circ. Hazmat Fee Ruling

    The Ninth Circuit’s recent decision knocking down California's new fee on rail cars transporting hazardous materials but leaving the door open to such a levy if it were "fair" raises new questions on the breadth of federal preemption concerning railroad rates and services, experts say.

  • September 18, 2018

    7th Circ. Has Chance To Cut Off 'Mootness Fee' Merger Cases

    Against a backdrop of near-constant shareholder litigation challenging mergers, the Seventh Circuit is the first federal circuit that’s been asked to stop a burgeoning litigation strategy among plaintiffs attorneys that some view as extortion of the merging companies and their shareholders.

  • September 18, 2018

    NextEra Wants 3rd Circ. To Revisit $275M EFH Breakup Fee

    NextEra, the once-proposed buyer of the assets of Energy Future Holdings Corp., told a Delaware bankruptcy judge Tuesday that it intends to seek a rehearing before the Third Circuit Court of Appeal on its right to a $275 million breakup fee after a three-judge panel denied its appeal last week.

  • September 18, 2018

    Parents’ Suit Over Child Born With Cystic Fibrosis Revived

    A North Carolina appeals court has revived a suit over the birth of a child with cystic fibrosis following a doctor’s notification to the mother that she was not at risk of having children with CF, saying Tuesday that because of the “continuing course of treatment” of the mother, time limits for suing were extended.

  • September 18, 2018

    Tribe Says Immunity Waiver Doesn't OK Attys' Fees

    The Coyote Valley band of Pomo Indians told a California appellate court on Tuesday that its prior ruling finding that the tribe waived its sovereign immunity in agreements with a construction contractor was wrongfully applied to an attorneys' fees bid, arguing that limiting the scope of immunity waivers was "a bedrock principle of Indian law."

  • September 18, 2018

    6th Circ. Denies Bid To Duck Removal Based On Lousy Lawyer

    The Sixth Circuit on Tuesday rejected a Lebanese native’s bid to avoid deportation based on his contention that a supposedly inadequate lawyer he hired effectively caused a violation of his due process rights, as the U.S. Constitution does not guarantee legal representation for foreigners in immigration proceedings.

  • September 18, 2018

    DC Circ. Sides With Copyright Board In SoundExchange Suit

    The D.C. Circuit on Tuesday refused to alter a ruling by the Copyright Royalty Board that set how much streaming services like Pandora Radio must pay for music until 2020, rejecting the argument that the board had used improper benchmarks from the private market.

  • September 18, 2018

    Space Tourism Suit Doesn't Belong Here, Texas Court Affirms

    A Texas appellate court on Tuesday upheld dismissal of a $49 million fraud lawsuit against a Houston attorney by a Japanese billionaire who alleged that the attorney duped him into investing in a space tourism project, holding that an agreement between them mandates that disputes be litigated in the Isle of Man.

  • September 18, 2018

    Tribal Co. Tells Justices Treaty Blocks Wash. Fuel Tax

    A Yakama Nation company urged the U.S. Supreme Court to uphold a ruling that it isn't subject to a Washington state fuel tax, saying that there is no way of looking at the tax on importing fuel that would allow the state to bypass the tribe's treaty rights.

  • September 18, 2018

    Fed. Circ. Ruling Takes 'Blocking Patents' To New Places

    The Federal Circuit’s recent ruling invalidating patents on Acorda Therapeutics Inc.’s multiple sclerosis drug Ampyra could expand the impact of so-called blocking patents and may make it easier to show an invention is obvious, attorneys say.

  • September 18, 2018

    HFC Rule Must Suffer Same Fate As Precursor, DC Circ. Hears

    The D.C. Circuit should nix a 2016 U.S. Environmental Protection Agency rule that banned the use of hydrofluorocarbons in certain circumstances on the same grounds as it invalidated the agency's 2015 rule limiting HFC use, a pair of chemical companies told the appeals court Monday.

  • September 18, 2018

    Former US Secretaries Back IFC Immunity In High Court Case

    Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suits, arguing that multilateral development banks are fundamentally different from sovereign states.

  • September 17, 2018

    DC Circ. Delays Voiding Section Of 2008 Ozone Rule

    The D.C. Circuit on Friday agreed to delay until February its voiding of a portion of the U.S. Environmental Protection Agency's 2008 ozone standards implementation rule that exempted some areas from transportation-related air quality requirements.

  • September 17, 2018

    Fla. Court Skeptical Of Fed Coercion In County's ICE Policy

    A Florida appeals court voiced skepticism Monday that Miami-Dade County officials were coerced into a decision to eliminate protections for undocumented immigrants from U.S. Immigration and Customs Enforcement detainer requests and seemed poised to overturn a trial judge's decision shooting down the new policy.

  • September 17, 2018

    Judge To Sheldon Silver: Your 'Day Of Reckoning' Is Nigh

    The Manhattan federal judge who presided over the trial and retrial of former New York State Assembly Speaker Sheldon Silver rejected Silver's attempt to stay out of jail during his second appeal on Monday, calling it a bid to "postpone his day of reckoning."

  • September 17, 2018

    Claim Juror Fears Led To Bias Can't Undo Playboy TM Win

    An Illinois appellate court on Friday upheld a $6.6 million verdict that saw trebled damages for Playboy Enterprises International Inc. after a trial over a licensing dispute between the brand and an energy drink maker, saying the lower court didn’t need to flesh out jurors’ fear of certain men in the courtroom to ensure an untainted decision would be reached.

Expert Analysis

  • 11th Circ. Changes Course On New Value Defense

    Paul Avron

    The Eleventh Circuit’s decision this month in Kaye v. Blue Bell Creameries confirms that the prior requirement that new value must remain unpaid is no longer the law in the circuit, wiping out a valuable tool for debtors, trustees and post-confirmation estate representatives for avoiding and recovering preferential transfers, says Paul Avron of Berger Singerman LLP.

  • 2nd Circ. Restricts The FCPA's Reach

    Brad Karp

    The Second Circuit’s opinion last week in U.S. v. Hoskins limits the U.S. Department of Justice’s ability to prosecute foreign individuals or companies for Foreign Corrupt Practices Act violations. The opinion also flatly contradicts the U.S. Securities and Exchange Commission’s 2012 FCPA resource guide, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Employee Arbitration Agreement Enforcement: What's Ahead?

    John Lewis

    With the U.S. Supreme Court's recent Epic Systems decision and the Sixth Circuit's recent ruling in Gaffers v. Kelly Services, employers have won major battles over the enforcement of arbitration agreements with class waivers. However, skirmishes in this area continue on different issues and in different venues, say John Lewis and Gregory Mersol of BakerHostetler.

  • Why Courts Should Apply Escobar In Criminal Cases

    Antonio Pozos

    In the two years since the U.S. Supreme Court's Escobar decision set off waves of litigation over materiality in civil False Claims Act cases, it has largely failed to gain traction in criminal fraud prosecutions. However, the ruling has broad implications in criminal law, say Antonio Pozos and Mark Taticchi of Drinker Biddle & Reath LLP.

  • 9th Circ. Adds To Growing Consensus On Escobar FCA Test

    Gejaa Gobena

    The Ninth Circuit’s decision last week in U.S. v. Stephens Institute solidifies the emerging view that the only way to prove implied false certification liability under the False Claims Act is by specifically showing the two prerequisites mentioned by the U.S. Supreme Court in Escobar, say attorneys with Hogan Lovells.

  • NJ Ruling On Same-Sex Couple Could Reignite Old Claims

    Thomas Regan

    A New Jersey appeals court’s recent decision reviving the emotional distress claims of a same-sex partner has set a precedent that could reignite previously dismissed suits involving unmarried couples in the state. Insurance companies with clients in New Jersey, and self-insureds with New Jersey exposure, may want to adjust their reserves accordingly, says Thomas Regan of LeClairRyan LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Updated Rules Needed For Integrating Drones Into Airspace

    Robert Howard

    The D.C. Circuit recently denied a challenge to the Federal Aviation Administration’s regulatory regime governing drones. But hearings on Capitol Hill this summer highlighted the rule changes that must be made before the economic value of the drone industry can be fully realized, say attorneys with Latham & Watkins LLP.

  • Why Lead Paint Litigation May Go To The Supreme Court

    Catherine Connors

    The U.S. Supreme Court has been asked to review ConAgra Grocery Products Co. and NL Industries v. People of California, a case that concerns whether companies that manufactured lead paint long ago can still be held liable for creating a public nuisance — and there's a decent chance cert will be granted, says Catherine Connors of Pierce Atwood LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.