Appellate

  • February 17, 2017

    O'Bannon Attys Tell 9th Circ. NCAA Must Pay $42M Fee Award

    Attorneys for the student-athletes who obtained a ruling preventing the NCAA from capping what schools can provide them below the full cost of attendance told the Ninth Circuit on Thursday they are entitled to over $42 million in attorneys’ fees. 

  • February 17, 2017

    9th Circ. Doubts Timeliness Of Amgen Off-Label Sales Suit

    A Ninth Circuit panel on Friday seemed skeptical that a proposed class action alleging Amgen pushed off-label uses of an anemia drug was filed within the statute of limitations, repeatedly asking whether the clock started running when the plaintiff and others filed a separate suit over the drug’s pricing years earlier.

  • February 17, 2017

    High Court To Assess Noncitizen Rights In Shooting Case

    The U.S. Supreme Court on Tuesday will hear oral arguments in a suit involving a border patrol agent accused of fatally shooting a Mexican teenager, in a case that raises questions about the constitutional protections that can be extended to noncitizens.

  • February 17, 2017

    Texas Court Says Birth Injury Suit Needn’t Clear Higher Bar

    A Texas appeals court held Thursday that medical malpractice claims arising from emergency treatment are only subject to a heightened legal standard when the patient is first treated in a hospital’s emergency department, giving the parents of a baby who was injured during birth a better chance to pursue their claims.

  • February 17, 2017

    Pa. Court Vacates Ruling On Tax Exemption For Trust

    The Pennsylvania Commonwealth Court Thursday vacated a trial court’s decision that a trust operating a historic building is entitled to a property tax exemption as an institution of purely public charity, finding the lower court did not properly consider the criteria for such charities.

  • February 17, 2017

    ACA Program Isn't An Improper Tax On States, 6th Circ. Says

    The Affordable Care Act’s reinsurance program doesn’t amount to an improper tax on states or violation of the Tenth Amendment, the Sixth Circuit ruled Friday, affirming an Ohio federal judge’s dismissal of the state’s lawsuit challenging the program.

  • February 17, 2017

    Insurer Can Depreciate Labor Costs, Neb. Justices Say

    The Nebraska Supreme Court ruled Friday that American Family Mutual Insurance Co. can depreciate labor costs when calculating actual cash value payments for property losses, answering a certified question from a federal court.

  • February 17, 2017

    Anthem Wins Rush On Cigna Merger Appeal

    The D.C. Circuit on Friday granted Anthem Inc.’s bid to speed up its appeal of a lower court’s ruling blocking its proposed $54 billion acquisition of Cigna Corp. in a short order Friday, setting oral arguments for the case for March 24.

  • February 17, 2017

    Enviros Ask 9th Circ. To Revive PG&E Water Pollution Suit

    An environmental group asked the Ninth Circuit Friday to revive its suit alleging Pacific Gas & Electric Co. storage facilities contaminate stormwater that discharges into California waterways, saying a lower court erred in finding the suit’s Resource Conservation and Recovery Act claims were barred because the pollution was regulated by the Clean Water Act.

  • February 17, 2017

    Calif. Court Backs Kaiser’s Arbitration Win In Med Mal Row

    A California appeals court on Friday effectively upheld an arbitration ruling in favor of Kaiser Foundation Hospitals in a medical malpractice dispute over an alleged cancer misdiagnosis, saying the patient is improperly challenging the arbitrator’s nonappealable decision.

  • February 17, 2017

    NCAA Champs Urge 9th Circ. To Revive Likeness Rights Row

    Two former Division III college basketball champions urged the Ninth Circuit on Friday to revive their proposed class action against a website that sold official NCAA photos, arguing the Copyright Act doesn’t bar them from pursuing their name and likeness rights in NCAA-copyrighted photos.

  • February 17, 2017

    Biosimilar Notice Ruling 'Nonsensical,' High Court Hears

    The Federal Circuit reached a "nonsensical" conclusion that biosimilar makers must wait for product approval before giving notice of sales to rivals, a top trade group told the U.S. Supreme Court on Friday.

  • February 17, 2017

    Countywide Mineral Grant To Get Texas High Court Review

    The Texas Supreme Court agreed Friday to hear a case about whether a deed conveying all of a property owner's minerals in Harrison County is enforceable after a lower court held that the wording was ambiguous.

  • February 17, 2017

    LA Fitness Tax Row Won't Get Texas High Court Review

    The Texas Supreme Court on Friday declined to hear argument from LA Fitness owner Fitness International Inc. that it was unjustly denied a sales tax refund for stationary gym equipment like treadmills that the company had argued it effectively rented to its customers.

  • February 17, 2017

    Justice Thomas Unlikely To Recuse Despite Wife's Politics

    While the desire expressed by U.S. Supreme Court Justice Clarence Thomas' wife to organize pro-President Donald J. Trump activists may raise shouts for the conservative judge's disqualification in the event of a high court review of a Trump executive order, ethics experts said: Don't waste your breath.

  • February 17, 2017

    Fed. Circ. Axes Third Speaker Patent Claim In Apple Case

    The Federal Circuit on Friday upheld a  Patent Trial and Appeal Board ruling invalidating two claims of a speaker patent Slot Speaker Technologies had asserted against Apple and reversed the board’s finding that a third claim would not have been obvious.

  • February 17, 2017

    Texas Justices Decline Ethanol Co.'s $1M Atty Fee Dispute

    The Texas Supreme Court on Friday denied requests from both an ethanol company and its investors to review a derivative suit in which the company, on appeal, successfully wiped out a $36 million judgment and was seeking to cut down a $1 million attorneys' fee award as well.

  • February 17, 2017

    Becton Asks Justices Not To Revive $340M Antitrust Award

    Safety syringe manufacturer Becton Dickinson and Co. has asked the U.S. Supreme Court not to review a Fifth Circuit decision that reversed a $340 million award for antitrust damages against it, saying the appeals court correctly held that false advertising is not anti-competitive conduct.

  • February 17, 2017

    Groups Back Uber Customers In 1st Circ. Airport Fee Dispute

    A public interest law firm and consumer advocacy group sought Thursday to weigh in on a First Circuit appeal of a proposed class action alleging ride-hailing giant Uber hid extra fees for airport trips, saying the company is unfairly imposing terms on consumers that are buried in online agreements.

  • February 17, 2017

    Privacy Profs. Get Behind FTC In LabMD Fight At 11th Circ.

    A group of eight privacy and security law professors on Thursday threw their support behind the Federal Trade Commission in its Eleventh Circuit battle with LabMD to keep intact a ruling that an alleged data leak harmed consumers, saying the agency’s approach to regulating privacy spurs better protection practices.

Expert Analysis

  • US Patent Practice Drifting Toward Approach Prevalent Abroad

    Gurneet Singh

    Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Reconsidering CFPB V. PHH

    Eric J. Mogilnicki

    If the D.C. Circuit had declined to act in Consumer Financial Protection Bureau v. PHH, President Donald Trump would have had a clear path to firing CFPB Director Richard Cordray. Instead, the court’s action granting the CFPB’s petition for rehearing creates fresh uncertainty about the scope and shape of the president’s authority over the CFPB, say Eric Mogilnicki and Andrew Smith of Covington & Burling LLP.

  • Google Warrant Case Vs. Microsoft Warrant Case

    Philip J. Bezanson

    The Pennsylvania federal court's recent Google decision may give companies emboldened by the Second Circuit's Microsoft decision pause in deciding whether to resist compliance with what they view as overly broad requests for customer data. However, the different results in the cases may serve as useful guidance for securing data abroad, say Philip Bezanson and Laura Prebeck Hang of Bracewell LLP.

  • Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx

    Phillip Articola

    The Federal Circuit's decision Wednesday in Xilinx v. Papst serves as a lesson to patent owners that if they do not want to be hauled into potentially unfavorable jurisdictions to defend declaratory judgment actions, they should be careful as to what actions they perform in those jurisdictions, says Phillip Articola of Banner & Witcoff Ltd.

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • What A Justice Gorsuch Might Portend For FCA Enforcement

    Scott Stein

    While U.S. Supreme Court nominee Judge Neil Gorsuch has participated in only a few appeals of False Claims Act cases, his views suggest that companies and individuals subjected to FCA litigation based on disputed interpretations of agency regulations may find a sympathetic ear, say Scott Stein and Meredith Toole Reiter of Sidley Austin LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • New Legal Challenges To Public Union Agency Fees

    Shannon D. Farmer

    Recent years have seen a surge of constitutional challenges to public unions’ right to require nonmembers to pay agency fees as a condition of continued employment. An evenly divided U.S. Supreme Court failed to resolve the issue in Friedrichs v. California Teachers Association, but new lawsuits are working their way through the federal courts and could reach the Supreme Court as early as next term, say attorneys with Ballard Spahr LLP.

  • When And Where Punitive Damages Are Insurable: Part 2

    Rory Eric Jurman

    There is no substitute for a well-drafted, ironclad insurance policy, so it is imperative that insurers either expressly exclude punitive damages in actual policies, or unambiguous, limiting language if the agreement is to cover punitive damages, says Rory Jurman of Fowler White Burnett PA.