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'Dear Tony': Chief Justice Reads Tribute To Justice Kennedy

By Jimmy Hoover

Chief Justice John Roberts Jr. took the rare step of reading aloud his correspondence with the recently retired Justice Anthony Kennedy at the start of oral arguments Monday, the latest tribute to Justice Kennedy’s three decades on the highest court in the land.
December 7, 2018
Calif. School Vaccine Law Upheld As Panel Pans 'Hyperbole'

California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case.
December 7, 2018
Quad/Graphics Must Pay Pension Fund, 9th Circ. Says

Wisconsin-based marketing and printing firm Quad/Graphics Inc. will have to pay a multi-employer pension plan several million dollars after a Ninth Circuit appeals panel on Friday upheld a lower court's ruling that the fund had correctly calculated how much the company owed after it pulled out of the plan.
December 7, 2018
Vaccine Refusal Was Fireable Offense, 8th Circ. Rules

Allina Health System did not violate the Americans with Disabilities Act or Minnesota disability laws when it fired an employee who refused to get immunized against rubella because the job requirement protects potentially vulnerable patients, an Eighth Circuit panel ruled Friday, backing a lower court’s decision to throw out the case.
December 7, 2018
Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.
December 7, 2018
Texas Court Affirms Tollway Agency's Immunity In Death Suit

A Texas appellate panel on Thursday affirmed a lower court’s dismissal of claims against the North Texas Tollway Authority in a wrongful death suit filed by the father of a man who collided with a downed light pole on the tollway, finding that the agency only knew the pole was down one minute before the collision.
December 7, 2018
Ohio Justices Cut $1.5M Award To Nurse Defamed By Hospital

The Ohio Supreme Court said Friday that defamation is a kind of injury to a person and is subject to caps on personal injury damages, commanding a lower court to go back and reduce a $1.5 million defamation award to a nurse who was fired after supporting a union organizing effort at her hospital.
December 7, 2018
Nexus Can Access Land For Pipeline Work, 6th Circ. Says

A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.
December 7, 2018
VW Tells 9th Circ. Counties' Emissions Claims Preempted

Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.
December 7, 2018
4th Circ. Says Green Card Holder Not Removable Over Felony

The Fourth Circuit on Thursday determined that a green card holder with a felony abduction conviction under Virginia law was not eligible for removal because he had not committed the offense within five years of his arrival in the U.S., vacating his deportation order.
December 7, 2018
2nd Circ. Asked To Hear Appeal Of $300M Fees In Forex Deal

The Second Circuit has been asked to hear an appeal of a New York federal court ruling awarding more than $300 million in attorneys' fees to the firms representing an investor class in securing $2.3 billion in settlements over claims 15 banks plotted to rig benchmark exchange rates in the foreign exchange markets.
December 7, 2018
Fed. Circ. Revives Medical Device Co. Laerdal's ITC Case

The Federal Circuit on Friday overturned a U.S. International Trade Commission decision refusing Laerdal Medical Corp.’s request for an import ban against companies accused of infringing its trade dress rights to medical devices, saying the ITC waited too long to take issue with Laerdal’s allegations.
December 7, 2018
Fed. Circ. Reverses Ax Of Novartis Patent Due To 1995 Law

The Federal Circuit on Friday reversed a lower court decision invalidating a Novartis AG patent on the cancer drugs Zortress and Afinitor, saying that a 1995 law changing the length of patent terms meant the doctrine of double-patenting did not apply in the case.
December 7, 2018
Texas Panel Won’t Let Doctor Duck Suit Over Bowel Injury

A Texas appellate court on Friday said a New Braunfels-based doctor can't escape a suit accusing him of failing to diagnose appendicitis in a timely manner, ruling that his former patient's expert medical report supported claims that the delayed diagnosis contributed to his bowel injury.
December 7, 2018
DC Circ. Revives Starr's $38M Tax Refund Suit

Swiss insurer Starr International will get another crack at its bid for a $38.2 million U.S. tax refund after the D.C. Circuit ruled Friday that a lower court wrongly concluded that the case involved a political question outside its reach.
December 7, 2018
Facebook Health Site Tracking Legal, 9th Circ. Says

A Ninth Circuit panel has found that a lower court rightly dismissed a suit brought by Facebook users who claimed the company illegally scraped data about their visits to medical websites, finding the users consented to the tracking by agreeing to Facebook's privacy policy.
December 7, 2018
Miss. High Court Nixes Expert Opinion In $450M Valuation Row

A Mississippi circuit court was correct in excluding expert testimony sought by a power company attempting to lower the value of its power plant by up to $450 million, the Mississippi Supreme Court has found.
December 7, 2018
Pa. Appeals Court Upholds SEPTA Win In Bus Injury Suit

A woman who claims she was injured on a Philadelphia bus when an intoxicated passenger grabbed her neck after the vehicle accelerated can't prove the Southeastern Pennsylvania Transportation Authority was negligent, a Pennsylvania appeals court ruled Thursday.
December 7, 2018
Advertisers Can't Tear Down NYC Billboard Ban At 2nd Circ.

Advertisers can't block a New York City ban on billboard advertising near public parks and roadways after the Second Circuit said Friday a decades-old regulation exemption that lets signs plaster a Queens ballpark doesn't mean the companies are being deprived of their commercial speech rights.
December 7, 2018
Justices Urged To Undo Standing Limits On PTAB Appeals

Auto parts maker JTEKT Corp. asked the U.S. Supreme Court on Friday to review a Federal Circuit ruling that it cannot appeal an inter partes review decision upholding a patent it challenged, saying the ruling takes an “unnecessarily narrow view” of appellate standing.
December 7, 2018
Texas AG, Others Tell High Court Trump Can End DACA

A coalition of 10 states led by Texas and a group of nonprofits led by Citizens United have each filed amicus briefs with the U.S. Supreme Court, supporting the move by President Donald Trump’s administration to rescind the Deferred Action for Childhood Arrivals program.

Editor's Picks

Judge Kavanaugh’s Path

As the D.C. Circuit judge makes his bid for a seat on the U.S. Supreme Court, here’s our look at the politics and predictions surrounding the nomination along with what a Justice Brett Kavanaugh could mean for your practice.
Supreme Court Review

The latest term ended with a bang with Justice Anthony Kennedy's retirement, but the cases themselves packed a punch this term. With the Supreme Court back at full strength, the docket was loaded with issues that divided the nine justices. Here, Law360 takes a look at the oddest voting lineups, the juiciest dissents and the best oral argument moments from a contentious session.
Law360’s Guide To Trump’s Judicial Picks

With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.

Expert Analysis

Why The High Court Will Hear Cochise Consultancy V. US

The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.
Taxpayers Should Note These 2 Items From Calif. Tax Regs

A “second adopt notice,” issued Nov. 27, is the latest step in the transition of California tax programs to the jurisdiction of the California Department of Tax and Fee Administration. Two major items of interest in the notice involve new appeals procedures, says Eric Cofill of Pillsbury Winthrop Shaw Pittman LLP.
Will High Court Avoid Deadlock In Lorenzo?

Oral argument in Lorenzo v. U.S. Securities and Exchange Commission revealed clear divisions within the U.S. Supreme Court on the type of conduct that forms the basis of liability under Rule 10b-5, say attorneys with Alston & Bird LLP.
Class Cert. Evidence Standard Likely Headed To High Court

With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.
A Firsthand Account Of The Helsinn V. Teva Arguments

During U.S. Supreme Court oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals, the justices’ focus on the statutory language, and the relative lack of focus on the specific facts of the case, suggest they may address the meaning of the America Invents Act language broadly, say Michael Pomianek and Michelle Nyein of Wolf Greenfield & Sacks PC.
Arbitration In Bankruptcy Isn't Dead After Anderson

In Anderson v. Credit One Bank, the Second Circuit declined to enforce a mandatory arbitration provision, despite a long-standing U.S. Supreme Court mandate. While Anderson seems to mark a departure for bankruptcy cases with arbitration provisions, it may simply reflect a narrow exception, says Deborah Reperowitz of Stradley Ronon Stevens & Young LLP.
6 Lessons From Recent FMLA And ADA Decisions: Part 2

In the final part of this article, attorneys with Dechert LLP discuss recent Family and Medical Leave Act and Americans with Disabilities Act cases that offer insights into issues such as determining when leaves of absence are too long and understanding examples of FMLA interference.
Insights From 2017-2018 High Court Term And What's Ahead

Many expect the U.S. Supreme Court's new conservative majority to track rightward, while others wonder if any justices might assert a moderating influence as the new “swing vote.” The court’s recent decisions and upcoming docket provide the best clues about its trajectory, says Chad Eggspuehler of Tucker Ellis LLP.
Ohio High Court Enters Debate On Faulty-Work Insurance

In Ohio Northern v. Charles Construction, Ohio's Supreme Court recently went against the prevailing trend of courts being more inclined to find that a subcontractor's faulty workmanship can be an occurrence under a commercial general liability policy, says Jonathan MacBride of Zelle LLP.
Pa. Cos. Face Greater Risks Related To Workers' Personal Info

In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

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