Appellate

  • February 12, 2018

    Ginsburg Says 'Me Too' Is Sign Of Gender Equality Progress

    Women in the legal industry and beyond have made substantial progress during her lengthy career, U.S. Supreme Court Justice Ruth Bader Ginsburg told an audience Monday evening at the National Constitution Center, but the current public airing of gender-based harassment indicates much work still needs to be done.

  • February 12, 2018

    5th Circ. Nom's Resume Marked By Texas Policy Battles

    Through his work for the state of Texas, Andrew S. Oldham, President Donald Trump's latest pick for the Fifth Circuit, has built a track record championing conservative policies in high-profile cases on abortion access, fair housing and immigration.

  • February 12, 2018

    9th Circ. Judge: Tribe ‘Did Nothing’ To Stop Rival Casino

    During a hearing Monday, a Ninth Circuit judge asked whether the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community waived its right to challenge another tribe’s proposed casino hotel when it “did nothing” to notify the U.S. Department of the Interior about the project’s effect on its own casinos.

  • February 12, 2018

    Fed. Circ. Affirms ITC Import Ban On Infringing Bosch Saws

    The Federal Circuit affirmed Monday an International Trade Commission decision barring imports of certain Robert Bosch GmbH table saws that the agency had determined infringed safety patents held by SawStop LLC.

  • February 12, 2018

    Honduran's Bid For Removal Review Denied By 5th Circ.

    A Fifth Circuit panel concluded Monday that neither an immigration judge nor the Board of Immigration Appeals abused discretion by denying a Honduran woman's request to reopen deportation proceedings that she claimed she never received notice of.

  • February 12, 2018

    9th Circ. OKs Sanctions For First Solar Wrongful Death Suit

    A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.

  • February 12, 2018

    Fed. Circ. Rules PTAB Wrongly Rejected Drain Patent App

    The Federal Circuit upended a decision from the Patent Trial and Appeal Board rejecting an application for a patent on a drain valve, finding, in part, that the board didn’t adequately explain its conclusion that the invention was obvious.

  • February 12, 2018

    Psychiatrist's Evaluation Of Doc Protected, NY Court Rules

    A New York appellate court on Friday tossed a defamation suit brought by a physician who alleged that a psychiatrist’s evaluation of him following a patient’s death damaged his reputation with his employer, saying the report was privileged under the “common interest” doctrine.

  • February 12, 2018

    Sanctuary City Order Ignored Vetting Process, 9th Circ. Told

    A group of political science experts on Monday urged the Ninth Circuit to maintain a permanent block of President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities, saying that he ignored proper vetting procedures when implementing it a year ago.

  • February 12, 2018

    After Lesson In Procedure, Fed. Circ. May Mop Up AIA Issues

    The Federal Circuit gave patent lawyers a primer on a law governing administrative procedures in 2017, but issues surrounding the interpretation of another law, the America Invents Act, are expected to take center stage in the coming months in appeals involving decisions from the Patent Trial and Appeal Board.

  • February 12, 2018

    Debt Co.'s Wording In Notices Could Mislead, 3rd Circ. Says

    A Third Circuit panel on Monday revived a proposed class action alleging Allied Interstate LLC violated the law when it tried to recoup unpaid gym membership debt after the statute of limitations had expired, finding its notices could cause a reader to interpret the debt as enforceable in court.

  • February 12, 2018

    Gov’t Meets Skeptical Fed. Circ. In Defending Steel Duties

    A Federal Circuit panel on Monday questioned the U.S. government's support of a Court of International Trade decision preventing Thyssenkrupp from challenging 10 percent anti-dumping duties imposed on certain German steel imports.

  • February 12, 2018

    9th Circ. Asked To Revive Suit Over Calif. Uber, Lyft Regs

    A San Francisco cab company asked a skeptical Ninth Circuit panel to revive its allegation that the California Public Utilities Commission gave Uber and similar ride-hailing companies an unfair competitive advantage when it designated them as charter services.

  • February 12, 2018

    7th Circ. Nominee Once Rebuked Trump During Trial

    Among those President Donald Trump nominated to take the Seventh Circuit bench on Monday is an Illinois federal judge who once reprimanded him during combative testimony at a 2013 trial over claims his company misled the buyer of a pair of condos in his Chicago tower.

  • February 12, 2018

    9th Circ. Says Police Officer Can't Be Fired For Affair

    The Ninth Circuit on Friday revived a former police officer’s claim that she was wrongly fired for having an affair, putting the appeals court at odds with the Fifth and Tenth circuits, which the panel said had not taken into account a 2003 U.S. Supreme Court decision on privacy and sexual conduct.

  • February 12, 2018

    10th Circ. Grants Cert To Detainees In Geo Forced Labor Suit

    Immigrant detainees accusing private prison giant Geo Group Inc. of using forced labor at a Colorado detention facility and unjustly enriching itself by paying them one dollar for a day’s work can proceed in their federal lawsuit as a pair of certified classes, the Tenth Circuit affirmed on Friday.

  • February 12, 2018

    Syracuse, Lacrosse Coach Must Face Ex-Player's Injury Suit

    A New York appellate court has refused to dismiss a former Syracuse women's lacrosse player's suit accusing head coach Gary Gait of recklessly throwing a ball that struck her in the head, finding that a standard waiver she signed assuming risk of injury wasn't enough to shield Gait from being sued.

  • February 12, 2018

    Gerrymandering Case Casts Political Cloud Over Pa. Justices

    The recent landmark decision throwing out Pennsylvania’s congressional map over claims of Republican gerrymandering has left the five Democrats on the state’s Supreme Court facing accusations of partisan bias and given reform advocates new ammunition in their fight to end the system of statewide judicial elections.

  • February 12, 2018

    9th Circ. Backs Arctic Ringed Seals’ ‘Threatened Status’

    The Ninth Circuit on Monday overturned a lower court and said that the federal government did not err when it used climate change predictions as part of its reasoning to classify a ringed seal subspecies as threatened, deciding that the determination was “supported by the record.”

  • February 12, 2018

    Pa. Judge Oks J&J Unit's Pelvic Mesh Jurisdiction Appeal

    A Pennsylvania state judge conceded Friday that there is a “substantial” jurisdictional issue affecting 71 cases involving out-of-state residents suing Johnson & Johnson subsidiary Ethicon Inc. in Philadelphia’s mass tort program over pelvic mesh injuries, thereby allowing an appeals court to consider whether local courts have jurisdiction over out-of-state claims.

Expert Analysis

  • 3-D Printing, ITAR Issues Not At High Court — Yet

    Kelsey Wilbanks

    While the U.S. Supreme Court denied Defense Distributed’s petition for writ of certiorari last week, this case commands intense scrutiny because of the intersection between 3-D printing and regulations on the export of defense articles and services, including technical data, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • 2017 Health Care Enforcement Review: FCA Case Law

    Brian Dunphy

    Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Oil States Patent Dispute Will Affect Bankruptcy Courts

    Benjamin Feder

    A patent dispute before the U.S. Supreme Court this term, Oil States v. Greene’s, concerns the limits of Congress’ ability to create courts under Article I and therefore raises separation-of-power issues similar to those in Stern v. Marshall, where the Supreme Court limited the authority of the bankruptcy courts, says Benjamin Feder of Kelley Drye & Warren LLP.

  • A Closer Look At Consumer Finance Law In 2017, And Beyond

    Alan Wingfield

    In 2017, as in 2016, consumer financial services still ranked as one of the most thoroughly regulated industries in the U.S. For many companies, a year that began with definite promise instead concluded with much still contested and many threats newly ascendant, say Alan Wingfield and Amir Shachmurove of Troutman Sanders LLP.

  • How Delaware Courts Approach Effort Commitments

    Henry Alderfer

    Recent cases from Delaware have provided insight into how courts analyze and interpret contractual commitments to use various levels of effort under Delaware law, says Henry Alderfer of Taft Stettinius & Hollister LLP.

  • IPR Appeals In 2017: The Pendency And Success Rates

    Kerry Taylor

    To help litigants forecast the amount of time an inter partes review appeal will take, attorneys with Knobbe Martens analyzed each IPR appeal decided by the Federal Circuit over the last year and compiled statistics.

  • Series

    My Supreme Court Debut: Cultivating A Career Issue

    Michael Martinez

    My first U.S. Supreme Court argument came two years after I entered private practice following 10 years as an assistant U.S. attorney. Nevertheless, I found the entire experience simultaneously nerve-wracking and exhilarating, especially given the publicity my case had generated, says Michael Martinez, senior vice president and associate general counsel at Marriott International Inc.

  • A Definiteness Reminder For Pharmaceutical Patent Drafters

    Brian Trinque

    The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.

  • Getting A 'Fair Share' Of Asbestos Liability In Pa.

    Albert Piccerilli

    In Roverano v. John Crane Inc., the Pennsylvania Superior Court recently ruled that the state's Fair Share Act, which provides for apportionment of liability among tortfeasors, applies to strictly liable defendants in asbestos actions. The challenge will be in formulating arguments over what share of liability each tortfeasor deserves, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.