Appellate

  • December 12, 2017

    Atty Must Appeal Sentence At Criminal Court, Panel Says

    A defense attorney who was sentenced to six months in jail after being found in contempt of court can only challenge the punishment before the Court of Criminal Appeals — Texas' highest criminal court — an appellate panel held Monday, ordering a district court to toss challenges the attorney lodged there.

  • December 12, 2017

    Appeals Court Says Insurer Can Settle Without Doc's Consent

    A Massachusetts state appellate court declined on Tuesday to revive a doctor’s claims against the insurance company she accused of settling an underlying medical malpractice suit for $3.75 million without her consent.

  • December 12, 2017

    Split Del. Justices OK Denial Of $50M Drug Approval Bonus

    Delaware's Supreme Court narrowly upheld Tuesday a lower court decision that denied stockholders of the former Calistoga Pharmaceuticals a $50 million bonus payment for limited European Union approval of a new drug for one form of blood cancer.

  • December 12, 2017

    Senate OKs Trump's 8th Circ. Pick Despite ABA Rating

    Senate Republicans on Tuesday confirmed Husch Blackwell LLP senior counsel L. Steven Grasz to a seat on the Eighth Circuit, brushing aside Democrats' concerns about his partisan bent and a "not qualified" rating from the American Bar Association.

  • December 12, 2017

    Enviros Ask DC Circ. To Rehear EPA Highway Pollution Case

    The Sierra Club and three Denver-area community groups have asked for an en banc rehearing of their challenge of allegedly weakened federal guidance for air pollution tests on planned highway projects, saying a D.C. Circuit panel’s decision tossing the case for lack of standing conflicts with D.C. Circuit precedent.

  • December 12, 2017

    Fed. Circ. Affirms PTAB Ax Of Daiichi’s Heart Drug Patents

    The Federal Circuit upheld on Tuesday a Patent Trial and Appeal Board decision that invalidated as obvious a pair of Daiichi Sankyo’s patents for use in the anti-blood clot drug Effient, which have been asserted in numerous lawsuits.

  • December 12, 2017

    2nd Circ. Won't Rethink Denying Nomura, RBS Jury Trial

    The Second Circuit on Monday rejected a request by employees and units of Nomura Holdings Inc. and the Royal Bank of Scotland Group PLC to reconsider its decision to deny their demand for a jury trial in an $800 million fight with the Federal Housing Finance Agency.

  • December 12, 2017

    Uranium Mine Near Grand Canyon Can Stay, 9th Circ. Rules

    The Ninth Circuit on Tuesday backed a lower court’s decision rejecting challenges from a Native American tribe and environmental groups mounted against a uranium mining project near the Grand Canyon, the same day the court upheld a ban on new mining claims in the area.

  • December 12, 2017

    Kozinski Porn Claims Put Heat On 9th Circ. Chief To Act

    The head of the Ninth Circuit has a few options for answering allegations that Circuit Judge Alex Kozinski showed porn to female clerks and engaged in sexual banter about them, but ignoring the issue shouldn’t be one of them, federal court watchers said.

  • December 12, 2017

    AT&T Customers Must Arbitrate Data Usage Suit: 9th Circ.

    The Ninth Circuit on Monday refused to let a proposed class of AT&T wireless customers out of arbitration on their claims the company lied about its unlimited mobile data plan, finding that the Federal Arbitration Act doesn’t violate their constitutional right to have their case heard in court.

  • December 12, 2017

    Calif. Panel 'Mystified' By Class Expert's Nix In Wage Suit

    A California appeals court was “somewhat mystified” by a trial judge's exclusion of expert evidence in support of certifying a class of janitors in a wage and hour suit against ABM Industries Inc., ruling Monday that certification was wrongly denied.

  • December 12, 2017

    Crop Insurer Pushes DC Circ. To Revive Premium Dispute

    The Federal Crop Insurance Corp. cannot duck crop insurers’ lawsuit alleging it reneged on promises made during the negotiation of a 2011 premium rate agreement, one insurer on Tuesday told a D.C. Circuit panel reviewing a decision limiting the challenge to an administrative court.

  • December 12, 2017

    Actavis Asks Calif. Justices To Revive Opioid Coverage Bid

    Actavis asked California's high court late Monday to resurrect its effort to obtain coverage from Travelers for lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and caused a spike in heroin use, saying an appellate court's decision favoring the insurer bucked decades of precedent.

  • December 12, 2017

    H-2B Workers Strike Deal In Wage Row At 4th Circ.

    Two temporary guest workers reached a settlement with their employer in a proposed class action over complex government prevailing wage regulations for the H-2B visa program, according to a letter filed Monday in the Fourth Circuit.

  • December 12, 2017

    The Top 10 Trademark Rulings Of 2017

    From Cheerios box trade dress to generic “googling” to a blockbuster U.S. Supreme Court decision, 2017 was another bumper year for major rulings in trademark law. Here are the 10 you need to remember.

  • December 12, 2017

    BHP Billiton Can't Put An Early Stop To Oil Gathering Row

    A Texas appellate court on Tuesday rejected BHP Billiton Petroleum Properties LP's argument that a lawsuit brought against it by an oil and gas exploration company alleging BHP charged above-market rates to gather oil and gas produced from Eagle Ford Shale wells should be dismissed under the Gas Utility Regulatory Act.

  • December 12, 2017

    Gov't Asks DC Circ. To Let Trans Military Ban Take Effect

    The federal government asked the D.C. Circuit late Monday for an emergency stay against an injunction blocking a Trump administration policy that bars transgender people from enlisting in the military, hours after a district court refused a similar request.

  • December 12, 2017

    Ex-E&Y Partner Urges DC Circ. To Toss ‘Tainted’ Penalties

    A former Ernst & Young LLP partner on Tuesday urged a D.C. Circuit panel to upend penalties imposed by the Public Company Accounting Oversight Board and affirmed by the U.S. Securities and Exchange Commission, which he said were tainted by the PCAOB operating under a structure later deemed unconstitutional.

  • December 12, 2017

    3rd Circ. Urged To Revive SEPTA Background Check Suit

    The Third Circuit was urged during oral arguments on Tuesday to revive class claims accusing the Southeastern Pennsylvania Transportation Authority of failing to provide job applicants with a chance to respond to consumer reports detailing criminal histories that the agency said disqualified them from employment.

  • December 12, 2017

    Wash. Further Urges Justices To Take Salmon Culvert Case

    Washington state on Monday further urged the U.S. Supreme Court to hear its challenge to a Ninth Circuit opinion ordering the state to replace hundreds of culverts to protect tribal salmon fishing rights, saying that the opinion imposes massive burdens on the state.

Expert Analysis

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Hatch-Waxman And Copying: An Exception To The Exception?

    Jonathan Bachand

    The Federal Circuit's recent decision in Merck Sharp & Dohme v. Hospira could be read to conflict with the court’s own precedent regarding the relevance of copying in abbreviated new drug application cases, say Jonathan Bachand and Ashley Morales of Knobbe Martens.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • High Court May Quash PTAB, But ITC Practice Will Live On

    Lisa Kattan

    It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.

  • Gauging NJ Insurance Brokers' Standard Of Care Since Sandy

    Gary Strong

    When a catastrophe strikes and insurance companies either deny coverage or limit the coverage provided, the insurance broker is in the crosshairs of what can turn out to be a litigious claim. Gary Strong of Seiger Gfeller Laurie LLP explores the duty of insurance brokers in New Jersey and how these duties come into play, particularly after Superstorm Sandy.

  • Series

    My Strangest Day In Court: Arguing From The Gallery

    M.C. Sungaila

    Appellate lawyers are usually silent observers at trial who collaborate on legal strategy, conduct research during court breaks, and craft jury instructions, verdict forms and major motions. But as I discovered in one trial, this is not always the case, says M.C. Sungaila of Haynes and Boone LLP.

  • How The Gov't Defends PTAB Partial Institution Rule

    Jason Nolan

    The U.S. Patent and Trademark Office’s persuasive brief in SAS Institute v. Matal — set for oral argument on Nov. 27 — suggests this inter partes review case may improve the government’s winning percentage at the U.S. Supreme Court, says Jason Nolan of Duane Morris LLP.