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Appellate

  • December 6, 2018

    8th Circ. Affirms BIA's Denial Of Sexual Abuser's Relief Bid

    A split Eighth Circuit panel on Thursday affirmed a Board of Immigration Appeals ruling that reversed an immigration judge’s decision to allow a Mexican native who pled guilty to sexually abusing two minors to avoid deportation and adjust his legal status.

  • December 6, 2018

    NY Terror Plotter's 240-Month Jail Time Affirmed By 2nd Circ.

    The Second Circuit on Thursday affirmed a 240-month sentence for a man convicted of plotting with the Islamic State group to attack people at Merchant’s Grill in Rochester, New York, slapping down his “meritless” bid for a lower sentence despite his claims of being mentally ill.

  • December 6, 2018

    Dallas Paper Asks State Justices To Toss Defamation Claim

    The Dallas Morning News asked the Texas Supreme Court on Thursday to dismiss a Fort Worth pharmacist's defamation claim, arguing that he couldn't prove that the newspaper's reporting that his business was under federal investigation was substantially false.

  • December 6, 2018

    Verizon Unit's IP Suit Sent To Del. After Fed. Circ. Rebuke

    Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.

  • December 6, 2018

    Justices Told Corp. Campaign Money Ban Unconstitutional

    Two Massachusetts small businesses have urged the U.S. Supreme Court to take up their challenge to a state ban on corporate contributions to political campaigns, calling the law “unfair” since the prohibition doesn’t extend to labor union contributions.

  • December 6, 2018

    Fed. Circ. Backs HTC Win In Challenge To Acacia Video Patent

    The Federal Circuit on Thursday refused to revive an Acacia Research Corp. unit’s video compression patent that had been successfully challenged by HTC Corp., leaving in place the Patent Trial and Appeal Board’s decision that the patent is invalid.

  • December 6, 2018

    Tiffany Loses Final Dutch Appeal Of Swatch Arbitral Award

    Tiffany & Co. has failed to shake a 2013 arbitration award worth 403 million Swiss francs ($450 million at the time) issued against it in a dispute with The Swatch Group Ltd. over a soured distribution deal, with the Dutch Supreme Court rejecting the jewelry company’s efforts to annul the award.

  • December 6, 2018

    Young Climate Fight Warriors Want Pretrial Process To Move

    The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.

  • December 6, 2018

    Justices Unlikely To Curb Dual Prosecutions By States, Feds

    The U.S. Supreme Court appeared ready Thursday to reject a historic challenge to separate prosecutions by states and the federal government for the same offense, as both liberal and conservative justices expressed reservations about overturning “170 years” of precedent.

  • December 6, 2018

    Pa. Fireworks Tax Constitutional, Appeals Court Says

    Pennsylvania's expansion and increase of taxes on fireworks sales did not violate the state Constitution, a commonwealth appeals court has found while striking portions of a law that regulated temporary structures used to sell fireworks.

  • December 6, 2018

    Injured Man Must Repay Litigation Funder, NY Court Says

    A New York appeals court on Thursday ordered a man who obtained a personal injury settlement to repay a $77,000 cash advance funded by a litigation finance company, saying the 46 percent interest rate and other charges were not unfair or illegal.

  • December 6, 2018

    Feds Urge Justices To Spurn Tribal Court Exhaustion Case

    The federal government has recommended that the U.S. Supreme Court reject a petition claiming Ute Indian Tribe officials tried to extort money from a business owner near the tribe’s reservation, saying there isn't any plain conflict in how state courts handle the question of when parties to litigation must exhaust their remedies in tribal court.

  • December 6, 2018

    Pa. Justices Won't Hear Sunoco Pipeline Land-Grab Appeal

    The Supreme Court of Pennsylvania refused to hear an environmental group’s allegations that a Sunoco Inc. unit abused its eminent domain power assembling land for the controversial Mariner East 2 natural gas pipeline, according to an order made public Thursday.

  • December 6, 2018

    DOJ's AT&T Appeal Needs Numbers, Not Theory: DC Circ.

    A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.

  • December 6, 2018

    Janus Doesn't Change Outcome Of Union Fee Suit: 7th Circ.

    The U.S. Supreme Court's ruling that public nonunion employees are safe from paying so-called fair-share fees doesn't change the fact that a group of home health care workers can't challenge their union fees collection as a class, the Seventh Circuit held Thursday.

  • December 6, 2018

    3 Firms Must Evenly Split $11.3M Fees In Century 21 Suit

    Three law firms representing Century 21 Real Estate Corp. franchisees in a class action against the company and its former parent must evenly split roughly $11.3 million in attorneys’ fees awarded in connection with a settlement in the case, a New Jersey appeals court ruled Thursday in nixing one firm’s bid for a larger share.

  • December 6, 2018

    Energy Co. Fights PE Firm's Bid To Nix $100M Oil Asset Spat

    Gravitas Resources Corp. has asked a Texas appeals court to let it move forward with a claim for more than $100 million against a private equity firm it claims used confidential information about a 40,000-acre Utah oil and gas property to poach its opportunity to buy the energy assets.

  • December 6, 2018

    BJ's Must Face Woman's Long Dormant Slip-And-Fall Suit

    A New Jersey appellate court Thursday revived a woman’s slip-and-fall suit against BJ’s Wholesale Club that was inadvertently dismissed and lay dormant for two years while her attorney dealt with health issues, ruling there’s no prejudice to the retailer in allowing the litigation to be reinstated.

  • December 6, 2018

    Fed. Circ. Questions Allergan On Water's Role In Colitis Patent

    The Federal Circuit on Thursday seemed wary of Allergan's claim that Teva Pharmaceuticals USA Inc. stepped on a patent for the ulcerative colitis drug Delzicol by making a generic in a gel capsule just like the branded medication.

  • December 6, 2018

    11th Circ. Says Williams Partners Unit Can Quickly Take Land

    The Eleventh Circuit on Thursday upheld a Williams Partners LP unit’s move to quickly access landowners’ property and build a pipeline, aligning itself with other circuits by agreeing that pipeline companies can be given immediate access to property after the Federal Energy Regulatory Commission greenlights the project.

Expert Analysis

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Opinion

    9th Circ. Shouldn't Have Halted Rescission Of DACA

    Steven Gordon

    Both analyses offered by the Ninth Circuit in Regents of the University of California v. U.S. Department of Homeland Security — upholding the Deferred Action for Childhood Arrivals program — are flawed. The rescission of DACA, while politically controversial, is lawful, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    What The 2nd Circ. Missed In Religious Trademark Case

    Paul Tarr

    The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • When A Patent Disclosure Is Not A Disclosure

    Martin Pavane

    ​The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure.​ ​However, the court's recent decision in ​FWP IP v. Biogen point​s​ to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.

  • Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

    Stephen Marino

    Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

  • Assessing Atomic Energy Act's Reach At High Court

    Michael Murphy

    Based on last week's U.S. Supreme Court oral arguments in Virginia Uranium v. Warren, it appears the court will reject the Fourth Circuit’s reasoning that Virginia’s purpose is irrelevant to the question of whether the state's ban on mining is preempted by the Atomic Energy Act, says Michael Murphy of Gibson Dunn & Crutcher LLP.

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.