Appellate

  • February 02, 2023

    5th Circ. Strikes Down Domestic Violence Firearms Prohibition

    The Fifth Circuit on Thursday struck down a law banning individuals subject to domestic violence restraining orders from owning firearms, ruling that the decades-old statute is unconstitutional under a recent U.S. Supreme Court order that significantly expanded the scope of the Second Amendment.

  • February 02, 2023

    2nd Circ. Mulls Viking River's Impact On ERISA Arbitration

    A Second Circuit panel appeared skeptical Thursday of a group of financial services companies' push to send a proposed class action accusing them of overcharging an employee stock ownership plan into individual arbitration, though judges disagreed over how a recent U.S. Supreme Court decision should apply to the case.

  • February 02, 2023

    Agency Shouldn't Back Kinder Morgan, Texas Justices Told

    An attorney questioned why a tax appraisal district is paying thousands to defend Kinder Morgan in a school district's challenge to the appraisals on mineral rights, telling the Texas Supreme Court on Thursday that the local governmental agency should at least be a neutral party.

  • February 02, 2023

    3rd Circ. Reverses Bar On Home Depot's MDL Antitrust Expert

    A Third Circuit panel reversed on Thursday a ruling that excluded certain testimony by Home Depot's economic expert in decade-old multidistrict litigation alleging suppliers conspired to fix the price of drywall, finding that Home Depot isn't bound by rulings or events that occurred before it joined the MDL.

  • February 02, 2023

    Fed. Circ. Stands By Denial Of 'Cherry Star' Patent App

    The Federal Circuit on Thursday refused to allow a patent for a petunia-like plant to be reissued, saying its application was doomed when the public was invited to a presentation of the "Cherry Star" at Home Depot.

  • February 02, 2023

    CFTC Tells 5th Circ. To Reject PredictIt's Injunction Bid

    The Commodity Futures Trading Commission has asked the Fifth Circuit to reject election betting platform PredictIt Inc.'s injunction bid that would allow the company to continue its operation "unimpeded by a CFTC enforcement action," saying the suit rests on the false premise that the CFTC granted PredictIt a license to operate or a mandate to stop.

  • February 02, 2023

    Disney Urges Justices To Pass On 'Toy Story 3' TM Fight

    Media conglomerate Disney urged the U.S. Supreme Court on Thursday not to take up its trademark dispute with a stuffed-animal manufacturer over the "Toy Story 3" character Lotso, arguing the Ninth Circuit didn't overexpand trademark protection and misuse a 1989 test regarding free speech.

  • February 02, 2023

    ACLU Backs Gay Worker In Bias Suit Against Catholic School

    The American Civil Liberties Union advised the Seventh Circuit to revive a lawsuit by a former Catholic high school counselor in Indiana who alleged she was fired for being in a same-sex marriage, saying Thursday that a ministerial carveout in federal civil rights law only protects religious organizations from religious bias-related claims.

  • February 02, 2023

    IP Forecast: Fed. Circ. To Eye Cooley's Conduct In CBD Row

    Pure Hemp Collective heads to the Federal Circuit to argue it was wrongly denied legal fees based on how rival United Cannabis' Cooley LLP lawyers handled one of the first-ever cannabis patent suits, while United Cannabis plans to attack the appeal as "frivolous." Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 02, 2023

    Co-Defendant Confession Use Unconstitutional, Justices Hear

    A man convicted of murder for hire told the U.S. Supreme Court that the use of his co-defendant's supposedly anonymized confession at trial violated the Constitution by allowing the jury to glean the petitioner's identity even though he could not cross-examine the confessing co-defendant.  

  • February 02, 2023

    Nationwide Must Cover Dog Bite, Ohio Panel Says

    Nationwide Property & Casualty Insurance Co. must indemnify and defend a suburban Cleveland dog owner over injuries a passer-by suffered from bites because a policy exclusion barring coverage for historically aggressive canines was not triggered, an Ohio appeals court ruled Thursday.

  • February 02, 2023

    Oil Developers Say They Don't Owe Exxon $71M

    Two oil developers urged the Texas Supreme Court to grant their petition for review in a dispute with ExxonMobil Corp. after they were ordered to repay the $71 million it cost Exxon to settle environmental lawsuits linked to the developers' purchase of Louisiana mineral rights from the oil giant.

  • February 02, 2023

    10th Circ. Won't Revisit Restaurant's Virus Coverage Suit

    The Tenth Circuit will not reconsider a now-shuttered Colorado restaurant's bid to overturn the dismissal of its suit, which had sought coverage from Cincinnati Insurance Co. for pandemic-related losses, the appeals court said Thursday.

  • February 02, 2023

    11th Circ. Affirms Injured Pelvic Mesh Patient's Trial Win

    The Eleventh Circuit on Thursday affirmed a jury verdict in favor of a woman who sued Boston Scientific Corp. and Coloplast Corp. alleging pelvic mesh caused her injuries, saying the jury's decision was based on sufficient evidence.

  • February 02, 2023

    11th Circ. Says No Appraisal Breach From Insurer's Email

    The Eleventh Circuit held Thursday that QBE Specialty Insurance Co. did not violate an appraisal agreement with a Miami homeowner by sending evidence pertaining to a pipe leak other than the one the panel was considering.

  • February 02, 2023

    The Term: The Jane Roberts Recruiting Story, Explained

    A whistleblower has come forward with new details about the lucrative recruitment work that the wife of Chief Justice John Roberts does for large law firms, including some with prolific Supreme Court practices. Law360's The Term discusses the story in this week's episode, with insights from an expert in the world of legal recruiting.

  • February 02, 2023

    Colo. River Dispute A Matter Of Human Rights, Navajos Say

    The Navajo Nation is casting its attempt to draw water from the drought-stricken Colorado River as a question of human rights, telling the U.S. Supreme Court that its citizens risk losing their livelihoods, or even their homeland, if federal officials keep withholding such resources.

  • February 02, 2023

    DC Circ. Doubts Bank Can Be Sued For '98 Embassy Attacks

    A D.C. Circuit panel expressed doubt on Thursday that a group of more than 550 victims of two simultaneous 1998 al-Qaida bombings of U.S. embassies in Africa could revive secondary liability claims against French bank BNP Paribas SA for allegedly helping to bankroll the terrorist attacks.

  • February 02, 2023

    Oxy May Face Uphill Battle In Bid To Vacate $392M Award

    A Second Circuit panel appeared skeptical during oral arguments Thursday that a $392 million arbitral award issued to Andes Petroleum Ecuador Ltd. could be nixed based on an undisclosed relationship between its lead counsel and the arbitrator appointed by its opponent, an Occidental Petroleum unit.

  • February 02, 2023

    Minn. District Judge Taking Senior Status

    Judge John R. Tunheim of the U.S. District Court for the District of Minnesota declared this week his intent to move to senior status, giving President Joe Biden another vacancy to fill on the court.

  • February 02, 2023

    Farm Takes Clean Water Act Citizen Suit To High Court

    A South Carolina farm being sued for allegedly failing to get needed stormwater permits has asked the U.S. Supreme Court to review the Fourth Circuit's decision to greenlight environmentalists' Clean Water Act citizen enforcement provision lawsuit.

  • February 02, 2023

    Ex-NFLer Can't Cut Prison Term In Fraud Case, 11th Circ. Says

    A former NFL player can't get a new trial or further reduce his 13-year prison sentence for his role in a $40 million health care fraud scheme, the Eleventh Circuit ruled Thursday.

  • February 02, 2023

    Panel Says Co. Not Directly Liable For Bus Rider's Injury

    A Georgia state trial court erred when it allowed direct liability claims to proceed against an aviation services company sued by a woman injured when one of its airport shuttle drivers had a medical emergency and crashed, the state's Court of Appeals ruled on Wednesday.

  • February 02, 2023

    Former Fla. Taxpayer Advocate Wins 'Difficult' Ethics Tussle

    A 2018 legislative change that shifted the structure of the Florida taxpayers' rights advocate position also cleared the way for former advocates to move into the private sector and represent clients before the Florida Department of Revenue, according to a state appeals court.

  • February 02, 2023

    3M Unit Bankruptcy Is A Smokescreen, 7th Circ. Told

    Various groups, including veterans organizations and law professors, told the Seventh Circuit that 3M is using Aearo Technologies LLC's bankruptcy process as a smokescreen to evade multidistrict litigation over claims that its defective combat earplugs damaged service members' hearing.

Expert Analysis

  • Questions Surround FDA's Orphan Drug Exclusivity Approach

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    In light of a new U.S. Food and Drug Administration notice, which contrasts with an Eleventh Circuit ruling on orphan drug exclusivity, the exact scope of orphan drug exclusivity periods appears uncertain and companies may want to reconsider their strategies for requesting designations, say Jacqueline Berman and Nikita Bhojani at Morgan Lewis.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • GM Rulings Maintain Fed. Circ. Design Patent Invalidation Bar

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    The Federal Circuit's two recent LKQ Corp v. GM Global findings that two design patents were not anticipated or obvious over prior art show that the high bar to invalidate a design patent as obvious remains intact, at least for now, say attorneys at Sterne Kessler.

  • High Court Veteran Benefits Ruling Hints At Canon Skepticism

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    The U.S. Supreme Court's recent Arellano v. McDonough decision — limiting the retroactivity of disability benefits for some veterans — broadly suggests the court is increasingly skeptical of substantive canons of interpretation, and offers guidance on how the pro-veteran canon should be applied going forward, says Kian Hudson at Barnes & Thornburg.

  • High Court Google, Twitter Cases Could Mold Internet's Future

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    The U.S. Supreme Court is set to hear social media content cases Gonzalez v. Google and Twitter v. Taamneh next month — and if it adopts a narrow view that Section 230 does not free technology companies of liability for AI-generated content, it will have a far-reaching impact, says Nicole Gutierrez at Telus International.

  • What To Expect From Justices' Upcoming Religious Bias Case

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    If the U.S. Supreme Court increases the standard to show undue hardship in its upcoming review of Groff v. DeJoy, it could alter the balance between business interests and individual religious liberty, which may in turn make it harder for employers to decline religious accommodation requests, say Tory Summey and Emily Bridges at Parker Poe.

  • Opinion

    9th Circ. Should Rethink Inadequate UBH Ruling

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    The Ninth Circuit should seriously consider rehearing Wit v. United Behavioral Health en banc because its recent claims reprocessing decision in the case raises troubling questions about the future of Employee Retirement Income Security Act's class actions, says Mark DeBofsky at DeBofsky Law.

  • Lessons From Fed. Circ. Ruling On Lung Disease Patent

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    Paul Stewart at Knobbe Martens looks at the Federal Circuit's recent holdings in the Genentech v. Sandoz lung disease patent decision, and their important reminders on obviousness as well as labeling.

  • 5th Circ. Confidential Witness Ruling Is A Big Change

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    The Fifth Circuit's recent ruling in Oklahoma Firefighters Pension and Retirement System v. Six Flags that confidential witness claims can be sufficient to establish scienter is a significant message that anonymous witness allegations should be credited, and plaintiffs should feel more confident including these claims in their securities fraud complaints, say James Christie and David Saldamando at Labaton Sucharow.

  • 9th Circ. Ruling Clarifies Homestead Exemption Ambiguities

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    The Ninth Circuit's decision in Barclay v. Boskoski in November sheds light on the amount of homestead exemption a debtor may be entitled to, potentially creating a perverse incentive that pushes creditors to force the sales of debtors' homes, says Deborah Kovsky-Apap at Troutman Pepper.

  • High Court Slack Case Not Likely To Broadly Affect Issuers

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    If the U.S. Supreme Court decides in Slack v. Pirani to limit claims under the Securities Act for direct listings to only the purchase of registered shares, it's unlikely to create a free-for-all environment for issuers, as some have claimed, say Susan Hurd and Madeleine Juszynski at Alston & Bird.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • Ruling May Affect FCRA Claims About Private Student Loans

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    The Second Circuit’s recent ruling in Mader v. Experian may support credit reporting agencies defending Fair Credit Reporting Act claims that follow a Chapter 7 private student loan discharge, introducing new challenges for consumers skipping directly to the FCRA claim, say Jessica Salisbury-Copper and Kelsey Mincheff at Thompson Hine.

  • Van Gogh Dispute Brings Immunity From Seizure Into Focus

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    A recent lawsuit that sought to seize an allegedly stolen painting by Vincent van Gogh — currently housed at the Detroit Institute of Arts — underscores why museums, collectors and anyone involved in art loans must review U.S. immunity-from-seizure laws, says Nicholas O'Donnell at Sullivan & Worcester.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

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