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Appellate

  • June 12, 2018

    Advocates Back Woman's Harvard Pilgrim ERISA Appeal

    Harvard Pilgrim Health Care had a duty under the Employee Retirement Income Security Act to seek readily available medical evidence from a young woman before denying her bid for mental health coverage, a pair of health advocates told the First Circuit in an amicus brief filed Tuesday.

  • June 12, 2018

    Ill. Doctor Beats Stroke Patient's Negligence Suit

    A doctor preparing to treat a woman who suffered a stroke had no responsibility to order a special procedure be performed on the patient while she awaited transfer from another hospital, an Illinois appeals court said Monday, upholding the dismissal of the patient's negligence suit.

  • June 12, 2018

    3rd Circ. Upholds Medical Center's Win In Whistleblower Row

    The Third Circuit ruled on Tuesday that a nurse who alleged she was fired after objecting to illegal activity at Southwest Regional Medical Center in Pennsylvania was not protected by the whistleblower provisions in the Emergency Medical Treatment and Active Labor Act because she had not first made a report of the activity.

  • June 12, 2018

    5th Circ. Says Employer's Failure To Sign Voids Arbitration

    The Fifth Circuit on Monday sided with an employee who is suing engineering and construction services firm Ref-Chem LP, holding that the company's failure to sign an arbitration agreement the employee had signed meant she had standing to bring her sexual harassment lawsuit in court.

  • June 12, 2018

    Del. Justices Uphold $56M Award In Drug Contract Dispute

    Delaware’s Supreme Court late Monday upheld a $55.8 million breach of contract ruling from September 2017 that favored oncology drug developer Wellstat Therapeutics Corp., but called for revised prejudgment interest calculations under terms still likely to push the overall award above $70 million.

  • June 12, 2018

    Gas Station Owner Can't Shake Fine Over Abandoned Tanks

    A Texas appellate court Tuesday upheld a fine and affirmed a court order requiring the owner of a former gas station to remove three abandoned underground fuel storage tanks the state’s environmental agency said had leaks, amid a dispute over ownership of the tanks.

  • June 12, 2018

    Venezuela's Foley Hoag Attys Can Depart Crystallex Appeal

    The D.C. Circuit said Tuesday that Foley Hoag LLP could withdraw as counsel for Venezuela in its appeal of a district court's confirmation of bankrupt miner Crystallex International Corp.'s $1.2 billion arbitral award, instructing the beleaguered country to secure new representation by July 16.

  • June 12, 2018

    Use Tax Reporting Laws May Be More Onerous After Wayfair

    Quill might be upheld when the U.S. Supreme Court issues its decision in the closely watched case against Wayfair, but online retailers shouldn't necessarily count that as a big victory because states can still turn to notice and reporting laws, state tax experts said.

  • June 12, 2018

    Feds Say Intent A Non-Issue In South Korean Bribe Case

    Prosecutors are seeking to shut down an appeal by a Korean earthquake researcher convicted of laundering bribes, telling the Ninth Circuit on Monday that the South Korean law he violated does not focus on a bribe-taker's intent in the same way U.S. laws do.

  • June 12, 2018

    Feds Seek Actions To Force Fla. Clinic To Pay Future Taxes

    The U.S. government contested a federal court's refusal to force an orthopedic clinic in Florida to comply with its future payroll tax obligations, telling the Eleventh Circuit on Monday that the decision was akin to granting the clinic an unlimited line of credit.

  • June 12, 2018

    LabCorp Didn't Make 'Whistleblower' Break Law: Calif. Panel

    A California state appeals court on Monday declined to revive a purported whistleblower suit alleging LabCorp had pressured a genetic counselor to alter a patient’s medical records and then fired her, saying there was nothing medical about the records or illegal about the changes the counselor was asked to make. 

  • June 12, 2018

    Enviros Say Calif. County Rule Removes Oil And Gas Scrutiny

    A coalition of environmental advocates have appealed a California state court's decision to uphold a Kern County ordinance they say fast-tracks oil and gas permitting, arguing the outcome allows wells to be drilled without first going through a proper environmental review.

  • June 12, 2018

    2nd Circ. Asked To Rehear Sikh Ritual Singer’s Visa Bid

    A New York-based Sikh religious organization asked the Second Circuit on Monday to reconsider the society's bid to get a visa for one of its ritual singers, arguing that the visa should not have been rejected based on inconsistencies in the singer's application that did not directly pertain to the visa requirements.

  • June 12, 2018

    States, Schools Line Up Against PTAB's Immunity Waiver

    States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation. 

  • June 12, 2018

    DC Circ. Backs FERC Changes To PJM Grid Payment Plan

    The D.C. Circuit on Tuesday affirmed Federal Energy Regulatory Commission orders modifying how regional grid operator PJM Interconnection pays participants in its wholesale electricity markets for helping relieve congestion on the grid, rebuffing pleas from challengers including state utility regulators from New Jersey and Delaware to second-guess FERC's reasoning.

  • June 12, 2018

    La. Real Estate Board Asks 5th Circ. For Stay On FTC Trial

    The Louisiana Real Estate Appraisers Board has urged the Fifth Circuit to pause a Federal Trade Commission administrative trial challenging board regulations that control appraisal fees, arguing the appeals court should first decide on its immunity from federal antitrust laws to prevent “distraction” of state officials.

  • June 12, 2018

    Pa. Atty Suspended After Guilty Plea In Gambling Scheme

    A Pennsylvania attorney has agreed to a suspension of his law license following a guilty plea last year on misdemeanor charges stemming from allegations that he aided a state lawmaker to support an Allegheny County illegal gambling ring.

  • June 12, 2018

    Hospital Plaza Transfer Sank PE Firm's Deal, 3rd Circ. Told

    A private equity firm on Tuesday urged the Third Circuit to revive its $5 million case against a New Jersey hospital over the firm's would-be acquisition of a medical plaza under foreclosure, arguing that an ownership transfer that sank the sale ran afoul of the purchase deal.

  • June 12, 2018

    Justices Urged To End Detained Immigrants' Bond Hearings

    Conservative legal organizations and Republican lawmakers have urged the U.S. Supreme Court to hold that all convicted immigrants may be detained without bond hearings, regardless of when they enter immigration custody after being released from criminal custody.

  • June 12, 2018

    Pa. Panel Upholds Hospital Win In Patient Death Suit

    A Pennsylvania appeals panel has upheld a hospital’s win in a malpractice trial in which the estate of a woman with fall injuries and intestinal issues alleged more should have been done to save her life, finding the trial judge was correct in withholding certain expert testimony.

Expert Analysis

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • HUD Stance On Insurers’ Disparate Impact Liability May Shift

    Robert Helfand

    On May 10, the U.S. Department of Housing and Urban Development announced that it will seek public comment on its disparate impact rules. Despite its historically tough stance on the issue, HUD appears to be inviting insurers to renew their assault in a battle over fundamental aspects of insurance law, says Robert Helfand of Pullman & Comley LLC.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • Reaffirming Omnicare's Section 10(b) Protections

    Susanna Buergel

    In its recent decision in Martin v. Quartermain, the Second Circuit reiterated that meeting the Omnicare standard set forth by the U.S. Supreme Court in 2015 is no small task for investors. This strict application of Omnicare ensures that Section 10(b) jurisprudence remains focused on identifying truly fraudulent conduct, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Calif. Taxpayers Shouldn't Be Penalized For Gillette Elections

    Shail Shah

    Taxpayers that made the Gillette election on their California returns should file protests to contest any penalties assessed by the Franchise Tax Board, say attorneys at Reed Smith LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.