Appellate

  • July 06, 2020

    Split 11th Circ. Reverses Costco's ADA Verdict

    A split Eleventh Circuit panel on Monday upheld a Florida district court's decision overturning a jury's $775,000 verdict in favor of a deaf former Costco employee, rebuffing her claims that the retailer failed to adequately accommodate her disability.

  • July 06, 2020

    9th Circ. Questions Sinking Of Disney 'Pirates' IP Suit

    Two judges on a Ninth Circuit panel on Monday questioned the dismissal of claims that Disney's "Pirates of the Caribbean" franchise copied two screenwriters' script, suggesting the lower court's ruling that the script included generic and unprotectable staples of the pirate genre was premature.

  • July 06, 2020

    Norcross Can't Revive Suit Challenging Tax Break Probe

    A New Jersey state appeals court refused to revive Democratic powerbroker George E. Norcross' claim that a probe into a state corporate tax break program unfairly targeted the mogul's business interests, reasoning that a lower court judge properly considered outside evidence that was public record and relevant to the allegations.

  • July 06, 2020

    Fed. Circ. Clears Amgen's Avastin Biosimilar In Notice Fight

    Genetech's bid to block Amgen from marketing a biosimilar version of its blockbuster cancer drug Avastin fizzled out Monday, with a Federal Circuit panel upholding a Delaware federal judge's decision that Amgen Inc. gave proper notice before going to market.

  • July 06, 2020

    Rising Star: Arnold & Porter's Elisabeth Theodore

    Elisabeth Theodore of Arnold & Porter has argued in a series of partisan gerrymandering cases and challenged the Trump administration's attempt to add a citizenship question to the 2020 census, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 06, 2020

    10th Circ. Sides With Sierra Club Over Utah Coal Plant Permit

    The Tenth Circuit has ruled that the U.S. Environmental Protection Agency cannot ignore its obligation to enforce the Clean Air Act, pointing to its failure to pursue pollution controls on a Berkshire Hathaway-affiliated coal plant in Utah.

  • July 06, 2020

    Insurance Cases To Watch In The 2nd Half Of 2020

    Trial courts around the country will have their hands full this year unraveling hundreds of lawsuits over insurance coverage for financial losses during the COVID-19 pandemic, while state high courts are primed to address thorny issues like whether U.S. Securities and Exchange Commission disgorgement payments are insurable.

  • July 06, 2020

    6th Circ. Upholds $4M Tax Fraudster's 13-Year Sentence

    A convicted tax fraudster failed to convince the Sixth Circuit that a lower court wrongfully declared his illegal tax return scheme "sophisticated," according to a opinion on Monday that upheld his 13-year sentence.

  • July 06, 2020

    FERC Seeks More Time To Digest DC Circ. Pipeline Ruling

    The Federal Energy Regulatory Commission asked the D.C. Circuit on Monday to pause a recent order upending the agency's ability to delay requests to reconsider gas project approvals, telling the court it needs time to figure out how to implement the court's June decision and to consider a U.S. Supreme Court appeal.

  • July 06, 2020

    5th Circ. Says $1M Atty Fee Request Needs Reconsideration

    The Fifth Circuit has determined that drilling data company Petrolink Services Inc. will get another chance to prove it's entitled to about $1 million in attorney fees for a lawsuit in which it beat back copyright infringement claims but was found by a jury to have unjustly enriched itself.

  • July 06, 2020

    8th Circ. Finds Debtor Properly Objected To IRS' Tax Claim

    A debtor correctly mailed an objection to the IRS on the agency's claim for $93,000 in unpaid taxes and didn't need to also notify a U.S. attorney, the Eighth Circuit said Monday in a published opinion that reversed lower-court orders.

  • July 06, 2020

    Conn. Worker Covered By Mass. Injury Law, Court Says

    The Massachusetts Appeals Court ruled Monday that a Connecticut worker injured while on the job in the Bay State can sue within Massachusetts' three-year statute of limitations, reversing a lower court ruling that had thrown out the suit.

  • July 06, 2020

    9th Circ. Delivers 2nd Court Rebuke Of Asylum Restrictions

    The Ninth Circuit ruled Monday that the Trump administration's policy restricting asylum for migrants who cross through another country on the way to the U.S. is illegal, marking the second court decision to strike down the restrictions in under a week.

  • July 07, 2020

    US Courts Open To Demands For EU Data, But Risks Loom

    Companies fighting U.S. discovery requests that require them to produce European Union residents' personal information have so far found little traction for their argument that the EU's stringent data protection rules bar these disclosures, but defendants can still face hefty fines if they fail to ensure that data demands are lawful and limited.

  • July 06, 2020

    Supreme Court Says States Can Punish 'Faithless Electors'

    The U.S. Supreme Court unanimously ruled Monday against "faithless electors" in Washington and Colorado who argued they have a constitutional right to vote for someone other than their party's nominee for president, giving states the green light to impose fines or other penalties for rogue ballots in the electoral college.

  • July 06, 2020

    Supreme Court Strikes Down TCPA Debt Call Carveout

    The U.S. Supreme Court on Monday upheld the Telephone Consumer Protection Act's sweeping ban on autodialed calls to cellphones, but found that an exception to that prohibition for calls made to collect federally backed debts must fall, rejecting an argument that would have drastically reduced the flood of litigation under the decades-old statute.

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 02, 2020

    Justices Dim Dems' Hopes Of Seeing Mueller Docs By Election

    The U.S. Supreme Court's decision to hear arguments on whether the Trump administration has to give the House Judiciary Committee access to grand jury materials produced by former special counsel Robert Mueller has dealt a significant blow to Democrats' yearlong legal bid to secure those records before the November election. 

  • July 02, 2020

    Fed. Circ. Told PTAB's Fee Model Undercuts Due Process

    Patent Trial and Appeal Board judges are biased toward instituting America Invents Act reviews because the agency needs the fees involved to operate, and judges are evaluated and rewarded for their workload, a gaming company has told the Federal Circuit in a novel due process challenge.

  • July 02, 2020

    Md. Court Says $38M Police Shooting Award Wrongly Tossed

    A Maryland appeals court has reversed a trial judge's decision to toss a jury's $38 million verdict in a wrongful death suit accusing Baltimore County police of negligently shooting a woman to death in 2016, saying the judge improperly resolved factual disputes that were within the province of the jurors.

  • July 02, 2020

    High Court Won't Touch Rules Restricting Abortion Protestors

    The U.S. Supreme Court won't hear challenges to Chicago and Harrisburg ordinances that set boundaries on anti-abortion protesters outside of clinics, leaving in place Seventh and Third Circuit rulings upholding the buffers.

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    High Court Sends Booking.com TM Fee Case Back To 4th Circ.

    Fresh off its U.S. Supreme Court victory, Booking.com has won a bid to have the Fourth Circuit reconsider its attorney fees award to the U.S. Patent and Trademark Office after the agency lost their trademark dispute.

  • July 02, 2020

    Gov. Wants Mass. Top Court To Weigh In On COVID-19 Orders

    Massachusetts Gov. Charlie Baker and a group of business owners suing him for closing them down during the COVID-19 pandemic have asked the state's top court to weigh in on whether the governor overstepped his authority during the crisis.

  • July 02, 2020

    High Court Warned Of Danger In 11th Circ.'s Expanded CFAA

    The Eleventh Circuit's broad view of the Computer Fraud and Abuse Act would criminalize ordinary internet activity like posting items in the wrong Craigslist category, lawyers for a former Georgia police officer claim in a case set to go before the U.S. Supreme Court.

Expert Analysis

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Flynn's False Statement Charge Reveals Failed Investigation

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    The U.S. government's charges against Michael Flynn for lying to federal agents shine a light on one of the most misused tools prosecutors deploy to salvage otherwise failed investigations and should generate skepticism from the U.S. Department of Justice and courts, says Simon Gaugush at Carlton Fields.

  • 5th Circ.'s Windstorm Ruling Holds Silver Lining For Insureds

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    Although the Fifth Circuit recently barred recovery in Pan Am Equities v. Lexington Insurance, its decision may be an overall win for policyholders by affirming that rain and flood damage can trigger windstorm coverage, says Tae Andrews at Miller Friel.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • Fed. Circ. Patent Rulings May Shift Use Of Motion To Dismiss

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    In view of two recent Federal Circuit cases affirming dismissals of patent infringement complaints, defendants should consider a motion to dismiss on the merits at the outset of a case as a strategy when three conditions are satisfied, says Steven Roth at Lucas & Mercanti.

  • An Unintended Benefit Of High Court's Deportation Ruling

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    The U.S. Supreme Court’s decision in Nasrallah v. Barr, providing heightened protections for all applicants under the international Convention Against Torture, will incidentally help people fleeing violence in Central America whose protections have been targeted by the Trump administration, says Kari Hong at Boston College Law School.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Rebuttal

    Rebalancing DMCA: Good Bumper Sticker, Bad Public Policy

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    Because "notice and stay down" proposals for Digital Millennium Copyright Act reform are antithetical to core principles of copyright and First Amendment rights, the U.S. Copyright Office and Congress should reject them, contrary to a position taken by a recent Law360 guest article, says Seth Greenstein at Constantine Cannon.

  • 7th Circ. BIPA Ruling May Alter Section 15(a) Cases In Illinois

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    Illinois courts may rely on the Seventh Circuit's recent procedural ruling in Bryant v. Compass Group to apply a two-year statute of limitations to claims under Section 15(a) of the Illinois Biometric Information Privacy Act, and hold that actions under this section are not insurable, says Al Fowerbaugh at Porter Wright.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • How 'Blurred Lines' Copyright Ruling Is Affecting Music Biz

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    Recent music copyright cases and settlements following the pivotal Ninth Circuit "Blurred Lines" decision — in which a musical style, rather than particular notes or chord changes, was found to infringe — indicate that the ruling may be chilling expression, says Christopher Dyess at Schlam Stone.

  • Cos. Should Consider Paying For Temperature Check Time

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    Employers may want to compensate nonexempt employees for time spent on temperature checks related to COVID-19 because the issue has not yet been settled by case law and state laws may differ from the Fair Labor Standards Act, say attorneys at Epstein Becker.

  • Patent Specification Has Become Vital For Nonabstract Claims

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    The Federal Circuit's recent decisions in CardioNet v. InfoBionic and Uniloc v. LG are a reminder that practitioners should use concrete terms in patent specifications to support claim eligibility in prosecution and litigation, say Thomas Sullivan and John Spangenberger at Lando & Anastasi.

  • Opinion

    Strict Liability Has No Place In 'Should Have Known' Case

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    Because the defendant in Thaddeus North v. U.S. Securities and Exchange Commission was not charged on a strict liability claim, the D.C. Circuit should reject the SEC's interpretation of the compliance officer's "should have known" liability as such, say Brian Rubin and Michelle McIntyre at Eversheds Sutherland.

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