• March 16, 2018

    United Airlines Pay Stub Row May Need Calif. Justices' Help

    A Ninth Circuit judge told United Airlines Inc. pilots and flight attendants Friday that courts have clashed on when California law applies in disputes like theirs alleging an employer's pay stubs fall short of state requirements, saying California’s high court may need to weigh in.

  • March 16, 2018

    Petrobras Can Keep Lid On Risk Docs In $400M Oil Rig Suit

    Petrobras Americas Inc. can hang on to documents said to have forecast the economic risks of its plan to drill in the Gulf of Mexico, a Texas magistrate judge said Thursday, ruling that the financial information is unlikely to help Spanish manufacturer Vicinay Cadenas SA in a $400 million suit over its allegedly defective component used in an offshore rig.

  • March 16, 2018

    Up Next At High Court: Calif. Abortion Law, Tribal Immunity

    The Supreme Court’s headline-making term is far from over as the justices return this week for a politically charged case over California’s abortion disclosure law and a dispute that could result in more lawsuits against Native American tribes.

  • March 16, 2018

    5th Circ. Can’t Review Bid To Move Suit Over Tonsil Surgery

    The Fifth Circuit on Thursday rejected a woman’s attempt to appeal a district judge’s decision to send back to state court her malpractice case against a doctor and hospital for allegedly botching her tonsil surgery, finding it had no jurisdiction.

  • March 16, 2018

    Delta Flight Attendants Urge 9th Circ. To Revive Wage Suit

    A putative nationwide class of Delta flight attendants asked a Ninth Circuit panel Friday to revive allegations they aren’t compensated on an hourly basis for all their work, arguing that under California law they should be compensated for work performed on the ground in the Golden State before and after flights.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    Texas Sanctuary City Lawsuit Unlikely To Find New Life

    A Fifth Circuit ruling upholding the constitutionality of most of a Texas state law aimed at barring so-called sanctuary cities is different enough from other litigation percolating through federal courts that it’s an unlikely candidate for U.S. Supreme Court review, experts say.

  • March 16, 2018

    Experts At Heart Of Tension In Health Care Prosecutions

    The rare reversal of a Kentucky heart doctor’s fraud conviction and prosecutors’ appeal highlights the way the U.S. Department of Justice is using experts to dispute the necessity of health care procedures and could add another answer to when a medical outlier can be distinguished from a fraud.

  • March 16, 2018

    Title VII, NYC Law Differ On Damages, 2nd Circ. Says

    The Second Circuit held Friday that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law, saying a lower court incorrectly used the federal standard in a pregnancy discrimination case.

  • March 16, 2018

    3rd Circ. Affirms Plastic Surgeon's 3-Year Prison Sentence

    The Third Circuit on Friday declined to overturn a plastic surgeon's three-year prison sentence and $96,000 fine for tax evasion — and was unswayed by his argument that the trial court erred in excluding evidence that he eventually paid the tax.

  • March 16, 2018

    Patriarch Not Covered For SEC Probe, Axis Tells 2nd Circ.

    Axis Insurance Co. on Friday urged the Second Circuit to uphold a New York federal court's ruling that it doesn't owe Lynn Tilton's Patriarch Partners LLC $5 million to cover the costs of an SEC investigation and enforcement action, saying the lower court properly concluded that coverage is barred because the probe predated the insurer's policy.

  • March 16, 2018

    Trade Group Says EPA's Delay Of Rules Boosts Safety

    Opponents of a risk management rule for chemicals on Friday urged a D.C. Circuit panel to quash an effort by environmental groups to force the U.S. Environmental Protection Agency to implement the Obama-era regulations, saying the rules could threaten national security.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    $57M Pistons Arena Tax Melee Battled Out Before 6th Circ.

    Michigan residents hoping to block $56.5 million in tax dollars from funding the NBA’s Detroit Pistons’ relocation to a new arena said they were deprived of their constitutional rights by not being allowed to vote on how educational funds were redirected, the Sixth Circuit was told Thursday.

  • March 16, 2018

    9th Circ. Affirms Ex-CBP Official's Bribery Convictions

    The Ninth Circuit on Thursday affirmed six jury convictions against a former U.S. Customs and Border Protection official for his participation in a scheme to pay bribes to government employees to obtain green cards and other benefits for immigrants, saying questions about his past were fair game.

  • March 16, 2018

    DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

    A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday.

  • March 16, 2018

    Fed. Circ. Affirms Exergen Ruling Doesn't Set Precedent

    The Federal Circuit on Friday held firm that there’s nothing precedential about its recent decision that Exergen Corp.'s forehead thermometer is patentable, despite assertions from a rival company that it was a “significant development” in deciding the patent eligibility of diagnostic tests.

  • March 16, 2018

    4th Circ. Says Christian Network Deal Nixed 'In Good Faith'

    A Fourth Circuit panel has clipped the wings on Christian broadcasting company Sky Angel's suit over a failed distribution deal, holding that a lower court correctly decided that Discovery Communications LLC operated in “good faith” when it nixed the agreement.

  • March 16, 2018

    2nd Circ. Case Doesn’t Clear Kelly In GWB Scandal, Say Feds

    Prosecutors on Thursday blasted the defense argument that a recent Second Circuit opinion dealing with a convicted sex offender supports a former public official's claims that she did not violate residents' civil rights to travel freely by allegedly causing gridlock near the George Washington Bridge in a political revenge scheme.

  • March 16, 2018

    6th Circ. Won't Revive TVA Retirees' Reduced Benefits Case

    The Sixth Circuit on Friday rejected a bid by beneficiaries of the Tennessee Valley Authority and its retirement system to revive a suit alleging plan administrators made improper changes to a defined benefits plan, saying in part that administrators gave adequate notice of benefit cuts.

Expert Analysis

  • High Court Tackles Constitutional Avoidance Doctrine

    Geoffrey Hoffman

    In Jennings v. Rodriguez the U.S. Supreme Court recently allowed the constitutional claims of Alejandro Rodriguez and those similarly situated to go forward on remand. However, the court’s clarification of the “constitutional avoidance doctrine” will have ramifications for years to come, says Geoffrey Hoffman of the University of Houston.

  • Strategies For FCRA Employment Class Actions: Part 1

    Excerpt from Lexis Practice Advisor
    James Boudreau

    Employers’ increased use of various consumer reports coupled with the Fair Credit Reporting Act’s highly technical requirements has led to an uptick in employment-related FCRA class actions. In part 1 of this two-part article James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss the most common types of claims in this area and response strategies.

  • Opinion

    The Dangers Of DOJ Victory In High Court Microsoft Case

    Saad Gul

    American tech firms have dominated the world for decades. But now, in the Microsoft warrant case, the U.S. Department of Justice may clumsily, inadvertently and shortsightedly accomplish what foreign governments and international competitors have been unable to do — kill the goose that lays the golden eggs, say ​​​​​​​Saad Gul and Michael Slipsky of Poyner Spruill LLP.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Settling The Case When 1 Side Has Already Won

    Diane DeWolf

    In Florida, appellate mediation offers a less expensive alternative to ending litigation before an entire appeal takes place. Provided that both parties are willing to compromise and understand the state's processes, mediation provides a means of resolving two parties' differences even after one party has won at trial, says Diane DeWolf of Akerman LLP.

  • No Relief For Whistleblowers In 7th Circ.

    Steven Pearlman

    A trifecta of recent decisions illustrate a trend of the Seventh Circuit rejecting whistleblower retaliation claims. These cases raise the bar for plaintiffs trying to establish that they engaged in protected activity, a welcome change for employer-defendants, say Steven Pearlman and Edward Young of Proskauer Rose LLP.

  • The 8 Corners Rule Is Not So Absolute

    Ronald Puhala

    Though some courts adhere to an overly strict interpretation of the eight corners rule, consideration should be given to the argument that the rule only determines when the duty to defend is triggered, not when it is terminated, says Ronald Puhala of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Guest Feature

    George Pataki: The Farmer From Peekskill


    In a conversation ranging from Wall Street lawyering to Howard Stern to the shape of the New York Court of Appeals, White and Williams LLP counsel Randy Maniloff sits down with former New York Gov. George Pataki at his office at Norton Rose Fulbright.

  • The Securities Law Questions Raised By #MeToo

    Deborah Birnbach

    Although companies often do not disclose internal or government investigations generally, and there are no cases obligating disclosure of sexual harassment investigations specifically, companies are not impervious to litigation for failing to disclose such information, or for breach of fiduciary duty in connection with tolerating sexual harassment, say attorneys with Goodwin Procter LLP.

  • Avoid Getting A Plaintiff's Fingerprint Pointed At You

    Stephanie Sheridan

    Over the last year or so, what began as a handful of cases under the little-known lllinois Biometric Information Privacy Act has evolved into a wave of well over 30 cases against some of the world’s largest companies. However, a recent decision from the Illinois Court of Appeals could potentially stifle the growing momentum, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.