Appellate

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 10, 2017

    Split High Court Says Feds Need Not Hand Over DACA Docs

    A divided U.S. Supreme Court ruled Friday that the Trump administration could keep withholding documents related to its decision to end the Deferred Action for Childhood Arrivals program, despite a dissent saying the high court should steer clear of this type of “discovery-related dispute.”

  • December 8, 2017

    Texas Justices To Hear Challenge To $9.6M MedMal Verdict

    The Texas Supreme Court on Friday agreed to hear a case in which Obstetrical and Gynecological Associates and one of its doctors argue that there was legally insufficient evidence to support a $9.6 million jury award in favor of the husband of a woman who alleges the substandard care she received resulted in a brain injury.

  • December 8, 2017

    9th Circuit's Kozinski Accused Of Showing Staffers Porn

    After reports surfaced claiming Ninth Circuit Judge Alex Kozinski had showed female clerks pornography and engaged in other misconduct, the high-profile jurist told Law360 on Friday it was “regrettable” if he had offended any of his staffers.

  • December 8, 2017

    FTC Wants In On Oral Args Over Seattle's Uber Union Law

    The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.

  • December 8, 2017

    High Court To Revisit American Pipe In New Class Action Row

    The U.S. Supreme Court on Friday granted certiorari to fertilizer manufacturer China Agritech Inc. in an appeal that will determine whether the American Pipe decision allows new named plaintiffs to borrow statute of limitations tolling from prior failed suits in which they were unnamed class members.

  • December 8, 2017

    Trump's Tweets Crop Up At 4th Circ. Travel Ban Arguments

    The Fourth Circuit on Friday heard oral arguments in an appeal over President Donald Trump’s latest travel ban, with some of the judges highlighting the president's recent tweets, capping off a week of appellate developments over the entry restrictions.

  • December 8, 2017

    Texas Appellate Panel Allows Amendments To Med Mal Suit

    A Texas appellate court on Friday reversed and remanded a medical malpractice suit over a man who died following surgery from a lack of oxygen to his brain, determining that the trial judge should have allowed his family time to amend their expert reports.

  • December 8, 2017

    Priceline Founder Owes Fees For Post-Alice Row: Fed. Circ.

    The Federal Circuit found on Friday that a district court got it right when it ordered Priceline founder's patent holding company to pay Bed Bath & Beyond $932,000 in attorneys’ fees for pursuing a meritless patent infringement suit against the retailer, saying the company should have known its arguments were weak.

  • December 8, 2017

    DC Circ. Doesn't Think Treasury Must Provide Privileged Docs

    The D.C. Circuit on Friday remanded back to district court an order that the U.S. Department of the Treasury must turn over evidence related to decisions it made in General Motors’ 2009 bankruptcy for a related pension plan dispute, saying the lower court had not explained why a privilege claim by the White House should be disregarded. 

  • December 8, 2017

    NJ High Court OKs Roche's Bids To Review Accutane Rulings

    Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.

  • December 8, 2017

    En Banc Denial Shows Fed. Circ. Split On Claim Construction

    The full Federal Circuit on Friday declined to rehear a decision tossing a $2 million patent infringement verdict for NobelBiz Inc., although three judges filed a strong dissent saying the court should address “growing confusion” about when judges must construe patent claims.

  • December 8, 2017

    Hustler Club Loses $2M Bid To Escape NY Sales Tax

    A New York appeas court upheld a lower court decision Thursday that semi-nude dancing at the Hustler Club in Manhattan was not the type of performance that would exempt it from $2.1 million of sales tax.

  • December 8, 2017

    Fed. Circ. Undoes Nixing Of IP After USPTO Says It Erred

    The Federal Circuit on Friday reversed the U.S. Patent and Trademark Office’s rejection of several claims included in a patent application for an arithmetic processor after the agency acknowledged that it had made an error when it rejected them as indefinite.

  • December 8, 2017

    Texas High Court Won't Hear $2.2B Payout Deduction Dispute

    The Supreme Court of Texas on Friday declined to take up Owens Corning’s challenge to a Texas appellate court ruling that found the manufacturer could not deduct from its business taxes a $2.2 billion payment made as part of an asbestos product liability settlement.

  • December 8, 2017

    Fed. Circ. Affirms Patent Win, Fees For Yahoo, Twitter, HSBC

    The Federal Circuit on Friday refused to overturn a lower court’s ruling that found Google, Yahoo, HSBC and a laundry list of more than 50 companies did not infringe on fax-to-internet patents with email-based messaging systems and ordered the patent owners to pay attorneys’ fees to the companies for their “lack of candor and transparency” in the proceedings.

  • December 8, 2017

    9th Circ. Mulls 'Moral Right' In ‘Big Pimpin'’ Suit

    A Ninth Circuit panel on Friday pressed an Egyptian composer's nephew who claims the Jay-Z song "Big Pimpin'" illegally sampled a 1957 ballad by his late uncle to explain why foreign copyright ownership gives him the right to economic damages in the United States.

  • December 8, 2017

    MLB Fans Strike Out At 9th Circ. In Safety Netting Row

    The Ninth Circuit on Friday refused to revive a suit from two Major League Baseball fans demanding extended safety nets at ballparks, finding their standing argument fell short because they weren’t likely to be injured by foul balls or thrown bats in the future.

  • December 8, 2017

    Sierra Club Asks 4th Circ. To Uphold CWA Groundwater Ruling

    The Sierra Club on Thursday asked the Fourth Circuit to uphold a lower court’s finding that a Dominion Energy Inc. unit violated the Clean Water Act by discharging arsenic from coal ash lagoons into groundwater, but also asked the appeals court to find the company liable for other CWA violations.

Expert Analysis

  • Court Wrongly Disallows Lender's Post-Bankruptcy Legal Fee

    Michael Cook

    At least five circuit courts have taken a sensible approach to allowing an undersecured creditor’s claim for legal fees. But there is still no uniformity in the lower courts, as evident in a North Carolina federal court's recent decision in Summitbridge v. Faison, says Michael Cook of Schulte Roth & Zabel LLP.

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    This year has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the appeals courts have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • EPA Maintains Renewable Fuel Standard Status Quo, For Now

    Joel Beauvais

    The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.

  • Leveling The Playing Field With The Jury Inference

    Peter Hargitai

    What happens when a litigant has no access to an opponent’s evidence because it has been destroyed or lost? Recently, the Supreme Court of Florida created a revised standard jury instruction, allowing juries to infer that missing evidence may be unfavorable to the party who lost or destroyed it. Practitioners should know how to use this tool, says Peter Hargitai of Holland & Knight LLP.

  • Liability Insurance May Cover Intentional Acts In Penn.

    Timothy Law

    Under Pennsylvania law, liability policies can cover both deliberate conduct and intentional acts if the damage itself is unintended and not substantially certain to result from the deliberate and intentional conduct, as reaffirmed in the Pennsylvania Superior Court's recent ruling in Erie v. Moore, say Timothy Law and Brian Himmel of Reed Smith LLP.

  • Will The Supreme Court Review SEC's In-House Judges?

    Harold Krent

    I was confident that the U.S. Supreme Court would grant certiorari in Lucia v. SEC to resolve the split in the circuits over whether federal administrative law judges should be considered inferior officers or employees under the Constitution — until the government's response to the Lucia petition last week, says professor Harold Krent of IIT Chicago-Kent College of Law.

  • Can Labor Be Depreciated In Actual Cash Value Calculations?

    Jordan, Tracey - resized.jpg

    Depreciation of labor continues to be a hot-topic, divisive issue in actual cash value calculations. Based upon the lack of consensus and recent glut of litigation on the topic, insurance companies should be aware of the law in the jurisdiction in which they are calculating losses to avoid adjustment pitfalls, says Tracey Jordan of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Lead Paint As A Public Nuisance In California

    Jules Zeman

    Last month, the California Sixth District Court of Appeal upheld portions of a public nuisance action against paint companies for selling lead-pigment paint in the decades prior to 1950 while knowing of its toxicity. The ruling's extraordinarily expansive use of public nuisance law circumvents the traditional burdens, limitations and protections of product liability jurisprudence, says Jules Zeman of Dentons.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • High Court's Latest Travel Ban Ruling Lacks Details

    Tahanie Aboushi

    On Monday the U.S. Supreme Court lifted all stays on the third version of President Trump's travel ban. The paragraph-long ruling was devoid of limitations on the wide discretion available when deciding whether or not to bar an individual, which essentially leaves U.S. customs agents, defense counsel and those affected by the order to decipher the logistics as they go, says Tahanie Aboushi of The Aboushi Law Firm.