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Appellate

  • August 13, 2018

    9th Circ. Affirms $5M Ferry Crash Award Clearing Boat Owner

    The Ninth Circuit has effectively affirmed a $5.2 million jury award in a suit accusing a San Francisco Bay passenger ferry of negligently colliding with a recreational speedboat, saying the boat’s owner was merely a passenger and can’t be blamed for allegedly failing to keep a proper lookout.

  • August 13, 2018

    9th Circ. Rips Judicial Notice Trend In Securities Suits

    A Ninth Circuit panel on Monday took issue with a "concerning pattern" in securities fraud cases, saying corporate defendants are exploiting judicial notice procedures by submitting dozens of documents to improperly defeat viable complaints early in litigation.

  • August 13, 2018

    10th Circ. Backs Feds' Win In Tribal Trust Account Dispute

    A Tenth Circuit panel on Monday backed a lower court's decision to toss a bid by the Alabama-Quassarte Tribal Town for a ruling that it is the rightful owner of a tribal trust account containing income derived from disputed land.

  • August 13, 2018

    Enviros Can't Stop Calif. Housing Permit Over Density Worries

    A California appeals court rejected a conservation group’s challenge to a plan to build six single-family homes on an approximately 11-acre piece of land in the city of Riverside, deciding that there was no basis for the group’s assertion that a further environmental assessment was needed.

  • August 13, 2018

    Fed. Circ. Wrong On HIV Drug Patent Challenge, Justices Hear

    A health care group told the U.S. Supreme Court it was improperly barred by the Federal Circuit from challenging a patent for an HIV drug because it had not filed an Abbreviated New Drug Application for a generic version of the drug, according to a petition for certiorari related to its request for declaratory judgment ruling the patents are invalid.

  • August 13, 2018

    Gay Bias Split Too Recent For Justices' Review, County Says

    A Georgia county accused of firing a gay man because of his sexual orientation urged the U.S. Supreme Court on Friday to decline review of an Eleventh Circuit ruling ending the man's suit and instead let the country's appeals courts work through a fresh divide over whether federal law bars discrimination against gay workers.

  • August 13, 2018

    7th Circ. Backs Safeguard Properties In Debt Collection Suit

    The Seventh Circuit on Friday backed a lower court's decision that mortgage field servicing company Safeguard Properties LLC is not a debt collector and cannot be held to Fair Debt Collection Practices Act claims brought by a putative class of defaulted mortgage holders.

  • August 13, 2018

    Texas DA Still DQed After 'Contentious Exchange' With Atty

    The Hockley County District Attorney has lost his bid to have a Texas appellate court overturn a trial court’s order disqualifying his office from prosecuting seven cases in which the attorney representing the defendants and the DA were involved in an “apparently contentious exchange.”

  • August 13, 2018

    Group Urges High Court To Uphold Immigrant Bond Hearings

    An immigrant advocacy group on Friday urged the U.S. Supreme Court to uphold the right of some immigrants to bond hearings in cases in which immigration authorities failed to immediately detain the individuals following their release from criminal custody.

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Dems Again Denied Kavanaugh Bush-Era Docs From Archives

    Senate Democrats’ latest long shot to get D.C. Circuit Judge Brett Kavanaugh’s documents from his time as President George W. Bush's staff secretary fell short, as the National Archives again has rejected a request for information on President Donald Trump’s U.S. Supreme Court nominee.

  • August 13, 2018

    NYC Restaurant Group Fights Foam Ban At Appeals Court

    A trade group representing restaurants and foam manufacturers has taken its opposition to New York City's ban on styrofoam, effective Jan. 1, to state appellate court, saying Mayor Bill de Blasio is unfairly resisting the city council's mandate to recycle polystyrene and that recycling is both economically feasible and environmentally effective.

  • August 13, 2018

    Construction Worker's Asbestos Suit Revived By Ill. Court

    An Illinois appeals court has reinstated an injury suit claiming two companies share responsibility for a construction worker's lung cancer after entering into conspiracies to conceal the dangers of asbestos, saying Friday that a lower court was wrong to end the suit while facts were in dispute.

  • August 13, 2018

    9th Circ. Nixes Suit Over Frozen Burger Hydrogenated Oil

    A San Diego woman can’t sue a maker of frozen foods for putting partially hydrogenated oil in its microwaveable burger snacks, the Ninth Circuit has ruled, affirming a lower court’s decision that found she had failed to establish the practice was unfair or unlawful.

  • August 13, 2018

    NJ Court Won't Revive Plastic Co.'s Water Bill Row

    The New Jersey state appeals court on Monday refused to disturb a bench trial verdict in favor of Wayne Township in a plastics company's challenge to water and sewer bills it received over 17 years, reasoning that there was no proof the company had been overcharged.

  • August 13, 2018

    11th Circ. Tosses Atty Sanction In Trucking Co. OT Case

    The Eleventh Circuit on Friday threw out a sanction for a Miami Beach lawyer and his client stemming from a trucking company overtime pay case, saying a decision last fall about conflicting positions taken by a litigant in separate judicial proceedings called for a reversal.

  • August 13, 2018

    Split 3rd Circ. Backs CFPB On Probe Of Student Loan Co.

    A divided Third Circuit panel rejected arguments Monday that the Consumer Financial Protection Bureau had too broadly defined the scope of its investigation as it sought documents from Heartland ESCI about potential improprieties in servicing of student loans.

  • August 13, 2018

    FCC Lifeline Reform Will Likely Harm Tribes, DC Circ. Says

    The D.C. Circuit has paused parts of the Federal Communications Commission's plan to alter the way it awards and disburses funds for the Lifeline program that helps poor people afford phone and internet service, saying eligibility changes are likely to shut out tribal customers rather than encourage network expansion as the FCC predicted.

  • August 13, 2018

    1st Circ. Revives Maine Univ. Prof's Sexual Harassment Row

    The First Circuit said a genuine factual dispute should partially revive a lawsuit brought by a Maine professor who said she was retaliated against after filing a complaint saying she was sexually harassed by her supervisor in the exercise and sport performance department, according to a published opinion Friday.

  • August 13, 2018

    9th Circ. Says Witness Tampering Isn't 'Moral Turpitude'

    The Ninth Circuit held Friday that a state witness-tampering conviction should not preclude a Mexican immigrant from halting his deportation, finding that the crime does not constitute "moral turpitude" under the Immigration and Nationality Act.

Expert Analysis

  • Is Trump Admin.'s Suspension Of Clean Water Rule Lawful?

    Steven Gordon

    Earlier this year the Trump administration suspended the Clean Water Rule while considering how to rescind or revise it. This action was immediately challenged in New York federal court, presenting some interesting questions about when and how an agency can suspend a regulation that has already taken effect, says Steven Gordon of Holland & Knight LLP.

  • A Range Of State Responses After Wayfair

    Jeffrey Reed

    In the weeks since the U.S. Supreme Court decided South Dakota v. Wayfair Inc., state responses have ranged from hortatory to defiant. Jeffrey Reed, chairman of the state tax practice at Kilpatrick Townsend LLP, reviews 12 state reactions and offers considerations for online sellers still developing a game plan.

  • And Now A Word From The Panel: A Flood Of MDLs

    Alan Rothman

    At its most recent meeting, the Judicial Panel on Multidistrict Litigation considered and denied a petition for an MDL proceeding to centralize flood insurance claims arising from recent hurricanes. The decision shows the careful line the panel must walk when considering petitions featuring cases with a variety of circumstances, says Alan Rothman of Arnold & Porter.

  • Calif. Rules For Advising Cannabis Clients Need Clarity: Part 1

    Francis Mootz III

    Proposed changes to California's Rules of Professional Conduct threaten to limit the extent and quality of legal work that is badly needed to ensure a safe and orderly transition out of the gray market for the cannabis industry, say Francis Mootz III of the McGeorge School of Law and Ian Stewart and Sehreen Ladak of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • The Emperor Of Alice’s Abstract Wonderland

    Andrew Michaels

    Stepping through Alice’s two-part test for determining whether a patent impermissibly claims an abstract idea often feels like falling down a rabbit hole. In his dissent last week in Interval Licensing v. AOL, Federal Circuit Judge S. Jay Plager proposed two solutions. I support one but am skeptical of the other, says Andrew Michaels, a professor at the University of Houston Law Center.

  • Opinion

    A Clever Scheme To Protect Invalid Patents Has Failed

    John Thorne

    The Federal Circuit's decision in St. Regis v. Mylan rejected tribal sovereign immunity as a defense against the U.S. Patent and Trademark Office's inter partes review process. Had the court ruled in favor of St. Regis, every holder of questionable U.S. patents would be rushing to Native American tribes, seeking deals to shelter possibly bogus rights, says John Thorne of the High Tech Inventors Alliance.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Revisiting The Fax Provision: Technology’s Impact On TCPA

    Douglas Brown

    Applying the Telephone Consumer Protection Act fax provisions to e-faxes and similar communications is like applying equestrian regulations to modern automobiles. However, change in Federal Communications Commission leadership and two recent opinions by the D.C. Circuit suggest that a fundamental change in TCPA fax litigation is occurring, says Douglas Brown of Rumberger Kirk & Caldwell.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • Time For Sunshine On 3rd-Party Litigation Funding

    Mary Novacheck

    On July 1, Wisconsin became the first state to require disclosure of third-party litigation financing contingent on the outcome of cases. Individual states' and courts' efforts to shed more light on such funding arrangements are an inconsistent patchwork. The Federal Rules of Civil Procedure should be revised to require such disclosure nationwide, says Mary Novacheck of Bowman and Brooke LLP.