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Appellate

  • May 18, 2018

    Chemical Co. Owner Should Pay Award, 3rd Circ. Hears

    A Swiss commodities trader urged the Third Circuit on Thursday to reconsider its decision that barred the trader from targeting the co-owner of a New Jersey chemical company to enforce an arbitral award of more than $925,000 against the company, saying the panel improperly ignored evidence of fraud.

  • May 18, 2018

    Tax Canon May Ensue If Justices Take $199M Deduction Case

    A Third Circuit ruling on appeal to the U.S. Supreme Court that prevented an electricity supplier from claiming a double deduction on a consolidated tax return has some practitioners worried that, if accepted, the justices could solidify a stand-alone tax doctrine previously used only as a method of statutory interpretation.

  • May 18, 2018

    Player Unions Back NCAA Athletes In Fantasy Sports Dispute

    Players associations for the major sports leagues urged Indiana's high court on Friday to find that state publicity laws bar two daily fantasy sports operators from using players' names and likenesses without consent, in a case likely to echo far and wide after a U.S. Supreme Court ruling opened the door to legalized sports betting nationwide.

  • May 18, 2018

    Homeowners Ask 9th Circ. To Revive Citi, Chase Fee Fights

    Homeowners claiming Citibank NA and JPMorgan Chase & Co. charged them unnecessary fees for property inspections after they defaulted on their loans asked the Ninth Circuit to revive their suits Friday, saying a lower court erred in finding no basis for their racketeering allegations against the banks and inspection companies.

  • May 18, 2018

    Fed. Circ. Revives $5.4M IP Verdict Nixed By Wis. Judge

    The Federal Circuit revived a $5.4 million verdict against a manufacturer of captioned phones that a Wisconsin federal jury found infringed the asserted claims of a patent covering the devices, holding Friday that a judge erred in tossing the jury’s determination that the patent was valid.

  • May 18, 2018

    3rd Circ. Won’t Rethink Cert. Denial In Owens Corning Suit

    The Third Circuit on Friday said the full court will not rehear the appeal of a proposed class of consumers suing Owens Corning over the quality of their roof shingles, cementing a panel’s finding that the consumers could not show that all of the products in question had the alleged defect.

  • May 18, 2018

    Ala. Justices Nix $10M Med Mal Award For Blind, Deaf Baby

    The Alabama Supreme Court on Friday vacated a $10 million award in a suit accusing a hospital of causing a baby's blindness, deafness and seizure disorder due to a meningitis misdiagnosis, saying a trial judge's improper admission of evidence warrants a new trial.

  • May 18, 2018

    Del. Justices OK Toss Of $13M Viacom-Redstone Pay Suit

    The Delaware Supreme Court upheld the dismissal Friday of a shareholder derivative suit that accused the directors of Viacom Inc. of engaging in self-dealing by awarding unearned compensation to ailing board member Sumner Redstone despite his lack of involvement with the company.

  • May 18, 2018

    Sanctuary Cities May Win Big With High Court Gaming Ruling

    The U.S. Supreme Court's ruling that struck down federal restrictions on sports betting turned on states' rights in a way that could have ripple effects in the ongoing debate over so-called sanctuary cities, attorneys say. 

  • May 18, 2018

    XTO Energy Gets Oilfield Injury Suit Booted From Texas

    A Texas appellate court has sided with XTO Energy Inc. in a personal injury suit brought against it by workers who were injured in a North Dakota oilfield flash fire, agreeing with the company that Texas is an inconvenient forum for the case since it is facing similar suits in North Dakota.

  • May 18, 2018

    9th Circ. Revives Vitamin E Labeling Row Over Heart Claims

    The Ninth Circuit resurrected a proposed class action alleging that the heart health claims on Pharmavite LLC’s vitamin E supplements are misleading, saying under California law, individual class members don't have to show they relied on the allegedly misleading statements.

  • May 18, 2018

    Tenn. Justices OK Toss Of $146M Mall Flood Coverage Award

    Tennessee's highest court denied an appeal by the owner of a Nashville mall claiming insurers owe it $146 million in flood damage coverage.

  • May 18, 2018

    Volume Of Undecided High Court Cases Raises Eyebrows

    Even after issuing seven opinions since last week, the U.S. Supreme Court still has a whopping 32 cases that need to be decided by the end of the term just over one month away, leaving court-watchers to speculate about what’s been slowing things down on First Street.

  • May 18, 2018

    Mismatched Expert Dooms Med Mal Claim, Fla. Court Says

    A Florida appeals court affirmed the partial dismissal Friday of a married couple's malpractice suit over injuries one spouse allegedly suffered from an infection following an eye surgery, ruling they had improperly relied on a medical expert with a different specialty from a doctor they were suing.

  • May 18, 2018

    DC Circ. Nixes EPA Superfund Listing Of Polluted Ind. Site

    The D.C. Circuit overturned the U.S. Environmental Protection Agency’s placement of an Indiana site with groundwater pollution on the federal Superfund list, finding Friday the agency ignored evidence contradicting a key conclusion used to justify the listing.

  • May 18, 2018

    Trusts Ask 11th Circ. To Revive $100M Arbitration Claim

    Two offshore trusts told the Eleventh Circuit Friday that a lower court misinterpreted the Financial Industry Regulatory Authority's code when it ruled that they could not pursue a $100 million arbitration against Canadian brokerage Pictet Overseas Inc.

  • May 18, 2018

    Expert Was Qualified In Ear Med Mal Case, NJ Panel Finds

    A New Jersey appellate panel has upheld a win for doctors accused of negligently letting the root cause of a young man’s chronic ear problems go undetected, rejecting the patient’s contention that the defendants had presented an unqualified expert witness.

  • May 18, 2018

    Calif. Hospital Must Reinstate Canceled Raises, DC Circ. Says

    A California hospital violated federal labor law by canceling anniversary raises for a group of registered nurses without permission from the Service Employees International Union local that represents them, the D.C. Circuit said Friday in an opinion enforcing a National Labor Relations Board order.

  • May 18, 2018

    Mass. Court Backs School's Sovereign Immunity In Injury Suit

    A Massachusetts appeals court on Friday ruled the state’s long-standing sovereign immunity doctrine protects a public school district from a negligence suit after a varsity field hockey player was seriously injured during a team practice.

  • May 17, 2018

    Bruce Willis’ $5M Fee Win Reversed By Calif. Court

    Bruce Willis can’t force a film producer to pay a $5 million arbitration award the producer’s company owes the actor, a California appellate court ruled Thursday, finding that because the producer hadn’t signed the film contract personally, he wasn’t required to pay up.

Expert Analysis

  • 11th Circ. Decision Deepens An FCA Circuit Split

    Douglas Baruch

    The Eleventh Circuit's False Claims Act decision this month in U.S. v. Cochise results in a clear and stark circuit court split. The issue of whether the extended limitations period may be invoked by relators in declined qui tam actions — and, if so, whose knowledge triggers the clock — is now ripe for resolution by the U.S. Supreme Court, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say members of Monument Economics Group.

  • The 4 Travel Ban Questions Before The High Court

    Paul Virtue

    The U.S. Supreme Court will soon hear arguments in Trump v. Hawaii, the challenge by the state of Hawaii to President Donald Trump's so-called travel ban. The court agreed to review three questions raised in the government’s petition for writ of certiorari and a fourth question addressed by two lower courts, say attorneys with Mayer Brown LLP.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • What To Expect From High Court Patent Damages Ruling

    Jerry Selinger

    In WesternGeco v. Ion, the government and WesternGeco argued that proximate cause and foreseeability should determine the limits of recoverable patent damages, based on congressional intent and statutory language. Nevertheless, the U.S. Supreme Court will likely apply the extraterritoriality framework set forth in the 2016 RJR decision, say Jerry Selinger and Grant Davis of Patterson & Sheridan LLP.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Anonymous Posts Of Alleged Trade Secrets: Free Speech?

    Michael Weil

    Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.