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Appellate

  • November 8, 2018

    EPA's Guidance Kills Hydrofluorocarbon Rule, States Say

    The U.S. Environmental Protection Agency's guidance on implementing an Obama-era rule restricting hydrofluorocarbon use after the D.C. Circuit vacated parts of it violates the Clean Air Act because it effectively nullifies the entire rule, several states and the Natural Resources Defense Council told the circuit court Wednesday.

  • November 8, 2018

    NJ Justices Won't Review Malpractice Suit In Contract Row

    The New Jersey Supreme Court has declined to review a state appellate court decision against reviving a legal malpractice case that accused Starr Gern Davison & Rubin PC of not turning over discovery materials to a former client’s new counsel during a breach of contract suit over $2 billion in defense contracts.

  • November 8, 2018

    AT&T Case Aims To Preserve Content Choice, Delrahim Says

    Makan Delrahim, the U.S. Department of Justice's Antitrust Division chief, again defended the department's so-far unsuccessful challenge to AT&T's purchase of Time Warner, insisting in a Mexico City speech Wednesday that the merger fight is emblematic of the challenges regulators face in protecting telecom competition.

  • November 8, 2018

    Wi-Fi One Takes Broadcom Patent Dispute To High Court

    The Federal Circuit skirted fundamental legislative standards when it upheld a patent board ruling that Broadcom Corp.’s challenges to Wi-Fi One LLC’s messaging patents were not time-barred, Wi-Fi One argued in a bid for a U.S. Supreme Court review of the decision.

  • November 8, 2018

    Tribe Appeals Mich. Gov.'s Win Over Casino Land

    The Bay Mills Indian Community has filed a notice of appeal against Michigan Gov. Rick Snyder at the Sixth Circuit, challenging his win in a lower court ruling that the state's Indian Land Claim Settlement Act does not let the tribe automatically conduct gambling on land that it bought.

  • November 8, 2018

    NJ Court Nixes Arbitration Clause For Transferred Worker

    The New Jersey Appellate Division on Thursday vacated an order compelling arbitration for a workplace bias lawsuit by a Nissan dealer worker, ruling that the employment agreement at issue wasn't enforceable after the worker moved to a different company affiliate.

  • November 8, 2018

    Fracking Wastewater Not 'Toxic,' Pa. Appeals Court Says

    The briny wastewater produced by hydraulically fracturing oil and gas wells is not "toxic" in the way an environmental group claimed would bar it from being stored in large quantities at drilling sites, the Commonwealth Court of Pennsylvania ruled Thursday.

  • November 8, 2018

    Fla.'s 3 High Court Nominations Must Wait, Court Told

    The liberal advocacy groups that challenged outgoing Florida Gov. Rick Scott’s plan to nominate three Supreme Court justices argued Thursday that the judicial nominating commission should not name candidates for the three seats until they are officially vacant on Jan. 8.

  • November 8, 2018

    NJ Justices Won't Revisit Axed Guilty Plea In Giants Tix Scam

    Prosecutors in New Jersey have fallen short in their bid to reinstate a man’s theft conviction in an alleged scheme involving the sale of New York Giants tickets, after the state Supreme Court declined to review a ruling that nixed his guilty plea because he did not admit to obtaining the victims’ money by deception.

  • November 8, 2018

    9th Circ. Upholds Continuation Of DACA Nationwide

    The Ninth Circuit on Thursday left in place a nationwide injunction keeping the Deferred Action for Childhood Arrivals program alive, finding that former President Barack Obama’s creation of the program was a legitimate exercise of executive discretion.

  • November 8, 2018

    Justice Ginsburg In Hospital After Fracturing Ribs In Fall

    Justice Ruth Bader Ginsburg suffered three fractured ribs after falling in her office at the U.S. Supreme Court on Wednesday evening, the court's public information office said in a statement Thursday morning shortly before she was scheduled to appear at Justice Brett Kavanaugh’s formal investiture.

  • November 7, 2018

    Another Trump High Court Pick? Easier With A GOP Senate

    After Republicans increased their margin in the Senate with a slew of victories Tuesday night, they have an easier path to confirm judges both at the appellate level and at the U.S. Supreme Court.

  • November 7, 2018

    7th Circ. Denies Vet's Challenge To VA Fraud Sentence

    A Wisconsin veteran who defrauded the U.S. Department of Veterans Affairs of more than $400,000 by overstating the effects of his service-related injuries cannot appeal the loss amount guiding his prison sentence because he raised the issue too late, the Seventh Circuit held Tuesday.

  • November 7, 2018

    Calif. Appeals Panel Revives Suits Over Diabetes Drugs

    A California appeals court revived claims Tuesday that Merck & Co. and other diabetes drugmakers failed to warn about their drugs' pancreatic cancer risks, finding a lower court erred in not considering scientific evidence the U.S. Food and Drug Administration hadn't evaluated.

  • November 7, 2018

    Jurisdiction Hearing Ordered In Fla. Trade Secrets Suit

    A Florida state appeals court said Wednesday that a lack of “essentially undisputed” facts presented by software maker Citrix Systems and former North Carolina-based employees it sued for allegedly misappropriating trade secrets necessitates a hearing to determine whether Florida courts can hear the case.

  • November 7, 2018

    Fla. High Court Doubts Public Hospital's Right To Lien Powers

    One of Florida's largest public health systems urged the state's highest court Wednesday to reverse two lower courts' rulings striking down a law authorizing it to establish liens to recover medical services costs, but the court appeared skeptical of the hospital's argument that its patient contracts are public contracts, making the liens legal.

  • November 7, 2018

    Texas Court Mostly Affirms $4M Award After Med Mal Trial

    A reduced $4 million award in a medical malpractice suit was largely upheld after a Texas appeals court ruled Wednesday that a prior settlement offsets the award before the state’s cap on pain and suffering damages is applied.

  • November 7, 2018

    Borrowers Ask 10th Circ. To Uphold $25M RICO Verdict

    A class of borrowers who were charged millions in advance fees for never-funded loans by a Toronto-based family led by a man with a long criminal record urged the Tenth Circuit on Wednesday to preserve a $25 million verdict in their favor.

  • November 7, 2018

    Fed. Circ. Upholds PTAB Nix Of Blood-Clotting Patent

    The Federal Circuit on Wednesday upheld a ruling by the Patent Trial and Appeal Board invalidating a patent for treating blood clotting by administering an active form of the blood thinner Plavix, agreeing with the board that the patent was obvious in light of prior art.

  • November 7, 2018

    Justices To Scrutinize Google Users' Standing In Privacy Row

    Less than a week after hearing oral arguments, the U.S. Supreme Court wants to take a closer look at whether the 129 million Google users behind a disputed privacy class action deal have standing to have brought the case in the first place.

Expert Analysis

  • SDNY Decision Could Inject Uncertainty Into 363 Sales

    Steven Wilamowsky

    The Southern District of New York's recent ruling in Cooper could pare back some of the protections to which asset buyers in bankruptcy cases generally have been entitled under Section 363(m) of the Bankruptcy Code, say Steven Wilamowsky and Laura Appleby of Chapman and Cutler LLP.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Justices Will Side With Federal Retirees In W.Va. Tax Case

    Edward Zelinsky

    The U.S. Supreme Court will decide this term whether the state of West Virginia can tax a federal employee's retirement income if the retirement income of certain state retirees is entirely tax exempt. Professor Edward Zelinsky of Cardozo School of Law predicts the high court will hold that state and federal retirees must be granted the same exemptions.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Establishing Waiver Of The Right To Appraisal In Texas

    Kristin Cummings

    The Texas Supreme Court has made clear that a party seeking to avoid appraisal in an insurance dispute has a high burden to establish waiver. Two decisions in the last couple months highlight key points underlying a court’s analysis in determining waiver, say Kristin Cummings and Victoria Vish of Zelle LLP.

  • High Court Unlikely To Solve ESA Issues In Frog Habitat Case

    Angela Levin

    After U.S. Supreme Court oral arguments last week in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service — questioning whether the FWS can designate land currently unoccupied by the dusky gopher frog as critical habitat under the Endangered Species Act — it seems the decision is primed for a 4-4 split, say Angela Levin and Andrea Wortzel of Troutman Sanders LLP.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Why It’s Time To Rethink Illinois Brick

    Samuel Miller

    In Apple v. Pepper, the U.S. Supreme Court will consider whether iPhone owners who purchase apps from Apple’s app store should be considered “direct purchasers” under federal antitrust laws. The court should use this opportunity to reevaluate the direct purchaser analysis it established in Illinois Brick Co. v. Illinois, says Samuel Miller of UC Hastings Law School.