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Appellate

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Ex-Refinery Worker Can't Revive 'False Positive' Test Row

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.

  • December 6, 2018

    5th Circ. Says Alcoa Can't Dodge Plant Worker's Injury Suit

    The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.

  • December 6, 2018

    P&G Ducks Revival Of Worker's Disability Suit At 8th Circ.

    An Eighth Circuit panel upheld a win for Procter & Gamble in a former employee's disability suit Thursday, ruling a Missouri federal judge correctly decided P&G didn't abuse its discretion by switching the worker from total to partial disability benefits a year after his gallbladder surgery.

  • December 6, 2018

    Disbarred Miami Atty Asks Court To Reconsider Punishment

    Disbarred high-profile Miami plaintiffs attorney Jeremy Alters asked the Florida Supreme Court Wednesday to reconsider his disbarment, arguing that in overturning the referee’s report — which had recommended no further discipline — the court improperly engaged in fact-finding.

  • December 6, 2018

    Calif. Bill Floated To Undo Dynamex Worker Classification Test

    California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.

  • December 6, 2018

    $23M Suit Over Energy Asset Sales Not Covered: 8th Circ.

    The Eighth Circuit on Thursday affirmed the dismissal of an oil services company's case against an insurer over underlying $23 million unfair-competition claims, saying a lower court was right that coverage was not available.

  • December 6, 2018

    Fla. Justices Stand By Ruling On Expert Testimony Standard

    The Florida Supreme Court on Thursday denied R.J. Reynolds Tobacco Co. and Crane Co.’s bids for a do-over of a closely watched October ruling in which it reinstated an $8 million verdict against the pair and refused to adopt stricter federal standards for the admittance of expert testimony.

  • December 6, 2018

    8th Circ. Upholds Homeowners' Cert. In Row With State Farm

    The Eighth Circuit on Thursday upheld a lower court’s order certifying a class of Arkansas homeowners who say State Farm illegally deducted “labor depreciation” from their home insurance payouts, finding that class treatment is warranted because the plaintiffs’ claims revolve around a common legal question.

  • 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.

Expert Analysis

  • 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.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • Guest Feature

    The Many Lives Of Michael Chertoff

    Randy Maniloff

    Randy Maniloff begins his interview with the nation’s second secretary of homeland security by saying he wants to go over his resume. The look on Michael Chertoff's face: “Bring it on.”

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.