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Appellate

  • June 13, 2018

    Pa. Justices Urged To Preserve Time Bar In Med Mal Cases

    The University of Pittsburgh Medical Center has urged Pennsylvania's highest court to affirm the constitutionality of a seven-year time bar on certain medical malpractice actions being challenged by a mother and son who underwent a failed liver transplant surgery.

  • June 13, 2018

    Fed. Circ. Upholds PTAB's Save Of Transocean Patents

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision that rejected challenges to three Transocean patents covering offshore drilling technology, an invention the PTAB said “moved the industry.”

  • June 13, 2018

    2nd Circ. Hands ING Bank A Win In Marine-Fuel Lien Dispute

    A Manhattan federal judge erred in quashing ING Bank's lien on a ship's fuel bill and also in entering an "ill-advised" grant of summary judgment in favor of the vessel, the Second Circuit held Wednesday, issuing a reversal in a money fight flowing from the bankruptcy of shipping fuel provider O.W. Bunker.

  • June 13, 2018

    5th Circ. Rejects Pill Mill Doc's Challenge To 5-Year Sentence

    A Fifth Circuit panel has upheld the five-year prison sentence given to a Houston doctor who was convicted on 19 counts related to running a pill mill that handed out more than 11,000 prescriptions for oxycodone over a seven-year period, rejecting his arguments that there were a lack of evidence and other flaws in the prosecution’s case. 

  • June 13, 2018

    2nd Circ. Revives Bid For Seized Funds By Tax Atty's Wife

    A Second Circuit panel on Wednesday vacated a district court's finding that allowed the federal government to seize funds an attorney who helped set up illegal tax shelters gave to his wife, writing that denying her chance to assert an argument would amount to a government seizure of property without due process.

  • June 13, 2018

    Nursing Home Buyer's Quick Win Nixed In Liability Suit

    An Illinois appeals panel on Tuesday reversed a nursing home buyer's quick win over the administrator of a woman's estate who claimed it should be on the hook for a $1.5 million default judgment entered in a medical negligence suit against the property's previous owner while it was going through foreclosure proceedings.

  • June 13, 2018

    4th Circ. Revives Optometrists' Data Breach Suit

    A panel of the Fourth Circuit vacated a district court’s dismissal of proposed class actions by optometrists over the impact of a suspected data breach at the National Board of Examiners in Optometry Inc. that leaked their personal information, finding the optometrists had standing to sue the organization.

  • June 13, 2018

    Consumer Group Can't Revive Calif. Organic Formula Suit

    A California appeals court upheld the dismissal of the Organic Consumers Association’s suit alleging Jessica Alba’s The Honest Co. Inc. misrepresents that its baby formula is organic, reiterating that the state-law claim is preempted by the formula’s federal organic certification.

  • June 13, 2018

    Ford Asks 6th Circ. To OK Toss Of Ex-Patent Atty’s Suit

    Ford Motor Co. asked the Sixth Circuit on Tuesday to reject a bid by a former patent lawyer for the company to revive her claims that the automaker was conspiring to stop her from finding another job, saying that her “unfitness as an employee” — not a conspiracy — is at the root of her troubles.

  • June 13, 2018

    3rd Circ. Denies Sanctions Rehearing Bid By Jailed Atty

    The Third Circuit on Wednesday declined to rehear a bid by a jailed Pennsylvania attorney, also a certified accountant, to overturn sanctions imposed over his failure to return $1.68 million he transferred out of retirement funds he managed to an account in the Caribbean.

  • June 12, 2018

    Colo. Justices Say Nursing Home Arbitration Clause OK

    A split Colorado Supreme Court has ruled that an arbitration agreement in a nursing home admission contract that was not in bold type as required is still valid in a personal injury suit, saying substantial compliance rather than strict compliance with the state’s Health Care Availability Act is appropriate.

  • June 12, 2018

    Costco Shoppers Ask. 9th Circ. To Revive Slave Labor Suit

    Costco shoppers asked the Ninth Circuit on Tuesday to revive their false advertising class action claiming the retailer knowingly sold shrimp farmed with slave labor while touting its anti-human rights abuse policy, saying the court’s recent ruling for Mars Inc. in another case differed because the candy maker hadn’t advertised its human rights policies.

  • June 12, 2018

    HIV Exposure Can't Justify Distress Claims, Ariz. Court Says

    An Arizona appellate panel on Tuesday tossed a suit accusing a hospital of potentially exposing a surgery patient to HIV and hepatitis by negligently hiring a drug-abusing HIV-positive surgical technician, saying the patient, who tested negative, failed to allege that her emotional distress caused long-term health problems.

  • June 12, 2018

    Privacy Group Urges 2nd Circ. To Protect Users, Not Grindr

    A privacy public interest group on Monday urged the Second Circuit to revive a lawsuit accusing Grindr of doing nothing to stop a user from harassing his ex through the app, saying a safe harbor provision for internet platforms in federal communications law doesn't give the company a free pass to ignore reports of abuse.

  • June 12, 2018

    College Athletes, Fantasy Cos. Spar Over Use Of Stats

    A trio of college athletes have argued that daily fantasy sports operators DraftKings and FanDuel are wrongly relying on a precedent that allows fantasy sports to use the statistical information from games to try to escape a proposed publicity rights class action that has landed before the Indiana Supreme Court.

  • June 12, 2018

    4th Circ. Upholds Ax Of Expert Testimony In Lipitor MDL

    The Fourth Circuit on Tuesday upheld a lower court’s ruling that nixed thousands of claims in multidistrict litigation alleging that Pfizer’s cholesterol drug Lipitor causes Type 2 diabetes, finding that the lower court didn’t err in excluding expert testimony.

  • June 12, 2018

    NJ Town Loses Fight With Residents Over Zoning Ordinance

    A New Jersey state appeals court has handed a victory to a group of Livingston Township residents over claims they were not personally notified about a municipal ordinance that permitted construction of a proposed assisted-living facility, reviving their lawsuit and declaring the ordinance invalid.

  • June 12, 2018

    Arbitration Pact Named Parent, Not Tech's Co., 4th Circ. Says

    A telecom services technician can pursue a proposed wage-and-hour class action even though he signed an arbitration agreement that included a class waiver provision since the document names only the employer’s parent company as a party, the Fourth Circuit ruled Tuesday.

  • June 12, 2018

    3rd Circ. Unconvinced Hertz Execs' 'Bad Tone' Indicated Fraud

    A Third Circuit panel on Tuesday pressed two pension funds to show why Hertz Global Holdings Inc.’s misrepresentations about its financial status were intentionally misleading, as they alleged in their securities fraud class action, and not merely the result of mismanagement.

  • June 12, 2018

    Burger King Franchisee Wrong To Ding Strikers, 8th Circ. Says

    A Burger King Corp. franchisee illegally disciplined a group of workers with known union ties who participated in a one-day strike in 2015, the Eighth Circuit ruled Tuesday, letting stand a National Labor Relations Board decision that the workers' action was protected by federal labor law.

Expert Analysis

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • Should Sovereign Immunity Shield IRS In Section 544 Suits?

    Scott Grossman

    A bankruptcy judge for the Eastern District of Michigan ruled in April that sovereign immunity does not bar a fraudulent transfer suit against the IRS. In doing so, she noted a split between the Seventh and Ninth Circuits and elected to follow the Ninth. With the IRS continuing to raise this defense to Section 544 fraudulent transfer claims, it is possible the Supreme Court will be called upon, says Scott Grossman of Greenberg Traurig LLP.

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.