Appellate

  • December 12, 2017

    7th Circ. Absolves Insurer Of Accident Coverage

    The Seventh Circuit on Monday said a construction company’s insurer doesn’t owe a defense against allegations that a company truck hit and injured a woman because the driver didn’t report the accident to the insurer in a timely manner.

  • December 12, 2017

    MVP: Morrison & Foerster's Deanne Maynard

    As co-chair of Morrison & Foerster LLP’s appellate and Supreme Court practice, Deanne Maynard notched several big victories this year at the high court and the Ninth Circuit, including a decision that speeds the path to market for biosimilar medicines, securing her a place among Law360’s 2017 Appellate MVPs.

  • December 11, 2017

    Fed. Circ. Says It Can't Review PTAB Re-Exam Terminations

    The Federal Circuit on Monday said it does not have the power to review Patent and Trademark Appeal Board decisions to terminate patent re-examinations in a short order refusing to revive a challenge to an Illumina Inc. diagnostic patent.

  • December 11, 2017

    Man Must Unlock Phone To Aid Abuse Probe: Mass. Court

    A Massachusetts appeals court on Monday shot down a man's challenge to an order that required him to unlock his iPhone as part of a child abuse investigation, ruling that the directive didn't violate his Fifth Amendment rights because law enforcement already knew what would be on the device.

  • December 11, 2017

    Ill. Firm Must Face Privacy Claims Over Deposition Disclosure

    An Illinois appeals court on Friday partially reversed and remanded a privacy lawsuit against Illinois firm Williams McCarthy LLP, whose lawyer was sued for improperly revealing the mental health status of a woman who claimed she was wrongfully excluded from a trust.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Fed. Circ. Upholds Ruling Axing Forest's Namenda Patents

    The Federal Circuit on Monday affirmed a Delaware judge's decision that Forest Laboratories’ six patents on the Alzheimer's drug Namenda are invalid as indefinite in a win for Teva Pharmaceuticals USA Inc., which is planning a generic version of the drug.

  • December 11, 2017

    Feds’ Plea Leverage At Stake In High Court Tax Dodger Case

    The federal government could lose a potentially important bargaining chip during plea negotiations if U.S. Supreme Court justices narrow the application of a statute criminalizing the obstruction of federal tax laws, as they recently indicated they might do during oral arguments in an appeal from a convicted tax dodger.

  • December 11, 2017

    Senate Sets Up Vote For 'Not Qualified' Trump Judge Pick

    The Senate on Monday advanced the nomination of Husch Blackwell LLP senior counsel L. Steven Grasz to an Eighth Circuit vacancy, despite Democrats' protests citing his "not qualified" rating from the American Bar Association.

  • December 11, 2017

    Fla. Justices To Hear Row Over Judge's Facebook Friends

    The Florida Supreme Court said Monday it will consider whether a judge should be disqualified from presiding over a case for being Facebook friends with opposing counsel, setting the stage for the court to refine the Sunshine State’s laws on judges' social media use.

  • December 11, 2017

    Fla. City Scores Wins At 11th Circ. In Liquor Store Sale Row

    The Eleventh Circuit on Friday largely affirmed a decision tossing litigation alleging a conspiracy between Marathon, Florida, and city officials to try to discourage the sale of a liquor store and cocktail lounge, concluding that most of the allegations were rightfully dismissed, but one isn’t yet ripe for review.

  • December 11, 2017

    Futility Issue Frustrates Apple Investor Suit, Calif. Panel Says

    A California appeals court ruled Monday that Apple Inc. investors who tried to update their suit against company board members over their role in a Silicon Valley recruiting scandal had to show that it would be futile to ask Apple's current board to take action, rather than the board in place when the suit was first filed.

  • December 11, 2017

    Nestle Unit Loses Bid To Shed Contractor's Claim In Ch. 11

    A Nestle bottled water unit on Monday lost an appeal seeking to invalidate an arbitration claim brought by a distributor that later reorganized in bankruptcy, as a Sixth Circuit panel found the debtor had provided enough detail to preserve the claim in its Chapter 11 plan.

  • December 11, 2017

    Ill. Appeals Court Upends $5M Construction-Injury Deal

    An Illinois appeals panel on Friday reversed a trial court’s good-faith finding and ordered a new trial over contributions to a man’s $5 million settlement for injuries he suffered at a Walmart construction site, finding neither the judge nor the jury had enough information to determine whether each settling party is paying its proper portion of the deal.

  • December 11, 2017

    Ill. Appeals Court Revives Claim Over Spinal Surgery

    An Illinois appeals court on Friday reversed and remanded a trial court’s decision to dismiss medical negligence allegations against hospital staffers in a suit brought by a woman who suffered major arterial damage after spinal surgery, finding that the claims were not time-barred.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    Endo Escapes Faulty Pelvic Mesh Suit On Appeal

    An Illinois appeals court on Friday tossed a suit accusing Endo Pharmaceuticals and its subsidiary American Medical Systems Inc. of manufacturing faulty pelvic mesh products, finding the suit doesn’t belong in an Illinois court.

Expert Analysis

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • What To Expect After Latest DOL Overtime Rule Appeal

    Dale Hudson

    In appealing a decision that invalidated the Obama administration’s overtime rules, it seems the U.S. Department of Labor wants to affirm its authority to utilize a salary threshold for Fair Labor Standards Act exemptions, say Dale Hudson and Jeffrey League of Nixon Peabody LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Pennsylvania NOL Cap Ruling Presents Taxpayer Challenges

    Jeffrey Friedman

    The Pennsylvania Supreme Court recently held that the state’s flat $3 million cap on net operating loss carryforwards violates the state constitution’s uniformity clause. While the court’s reasoning is based upon the application of a Pennsylvania constitutional provision, it may be applicable to other states that have net operating loss carryforward caps, say attorneys with Eversheds Sutherland LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Post-Escobar Guardrails And Policy-Setting Relators

    Rebecca Martin

    The Fifth Circuit's decision in U.S. v. Trinity is the most recent addition to a remarkable run of appellate decisions affirming dismissal of False Claims Act cases on materiality grounds. Trinity, however, stands apart from the crowd in a number of ways, says Rebecca Martin of McDermott Will and Emery LLP.

  • Winning Section 101 Motions By Defining The Abstract

    Brian Beck

    The Federal Circuit's latest Section 101 decision — Smart Systems v. Chicago Transit Authority — once again should guide patent litigators toward focusing their 101 motion practice around the goal of defining the central “idea” of the patent in their clients’ favor, says Brian Beck of SpencePC.

  • A New, Relaxed Standard For Class Cert. In Securities Cases

    Brian Headshot.jpg

    After the Second Circuit’s decision last week in Waggoner v. Barclays, it should be easier for securities fraud plaintiffs to win class certification when their cases involve securities that are not listed on national exchanges, says Brian Lehman of The Lehman Law Group.

  • Series

    My Supreme Court Debut: Calm, Confidence And Poise

    Jean-Claude André

    It would be disingenuous to suggest that my heart did not skip a beat when I walked into the U.S. Supreme Court knowing I would be arguing there for the first time an hour later. However, my experience demonstrates that a first-time advocate can approach the lectern calmly and confidently through thorough preparation, says Jean-Claude André of Sidley Austin LLP.

  • Intermediate Transfers May Be Safe From 546(e) Safe Harbor

    Meaghan Gragg

    In Merit Management v. FTI Consulting, the U.S. Supreme Court is reviewing the Seventh Circuit’s decision that the Section 546(e) safe harbor does not protect from avoidance a transfer that is conducted through a financial institution where the institution acts merely as a conduit. Based on the justices’ questions at oral argument last week, the odds are good that the Supreme Court will agree with the Seventh Circuit, says Meaghan ... (continued)