Appellate

In The End, Pa. Supreme Court Only Clarifies Bad Faith Law

Although the initial response to the Pennsylvania Supreme Court's recent decision in Rancosky v. Washington is that it significantly alters the state's bad faith law, closer examination shows although the court had the opportunity to create a heightened standard of bad faith, its decision did not lower the bar for policyholders, say Jonathan MacBride and Laura Bartlow of Zelle LLP.

Still Difficult For Patent Holder To Use Equivalents Theory

The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

The Law Firm CFO’s Role In The Strategic Planning Process

Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

4th Circ. Weighs In On Recovering Overpaid Benefits

The Fourth Circuit recently ruled in Retirement v. Brewer that overpayments of retirement benefits to defined benefit pension plan participants were recoverable. The case boiled down to whether an optional lump sum benefit was an unsubsidized lump sum based on a normal retirement annuity and not an early retirement annuity, says Marianna Jasiukaitis of Funk & Bolton PA.

Law Firms Must Transition To An Industry Sector Approach

Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

Navigating The Pitfalls Of Civil Investigative Demands

In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

Mo. High Court Clears Up Right-To-Sue Letter Challenges

The Missouri Supreme Court's recent opinion in Tivol Plaza v. Missouri Commission on Human Rights clarifies when it is appropriate to challenge the issuance of a right-to-sue letter by the Missouri Commission on Human Rights. The decision is important because it eliminates some of the confusion caused by the court's previous ruling in Farrow v. St. Francis Medical Center, says Brian Peterson of Spencer Fane LLP.

Sham Affidavits In Medical Product Liability: Part 2

When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

Series

Judging A Book: Kozinski Reviews 'The Judge'

In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.