Appellate

  • August 18, 2017

    Convicted Lawyer Tells High Court Gov't Let Witnesses Lie

    An attorney convicted of fraudulently inflating a medical device company’s stock has petitioned the U.S. Supreme Court to take up his case, saying the Eleventh Circuit was wrong to sign off on prosecutors’ decision to knowingly use false testimony in his trial by reasoning that the government didn’t suppress evidence that the witnesses lied.

  • August 18, 2017

    Conn. Docs Group Can’t Nix Jury Award In OD Death Suit

    A Connecticut appellate panel affirmed a win for a patient’s estate in a suit accusing a doctors group of being responsible for her death due to a methadone overdose, saying Friday the cumulative evidence supported the jury’s verdict.

  • August 18, 2017

    Wash. Justices Won't Rethink Pollution Exclusion Ruling

    The Washington Supreme Court on Thursday refused to disturb its holding in April that a pollution exclusion doesn't negate coverage under a commercial general liability policy when negligence is the primary cause of a loss, a ruling that was hailed by policyholders and maligned by insurance companies.

  • August 18, 2017

    Fla. Judge Fights 30-Day Unpaid Suspension

    A beleaguered Florida judge made a last-ditch plea for leniency Friday, telling the Florida Supreme Court that an ethics panel's recommendation he serve an unpaid 30-day suspension for refusing to exit cases involving an attorney he was feuding with exceeds existing precedent.

  • August 18, 2017

    DC Circ. Says Cellphones' Ubiquity Not Enough For Warrant

    The D.C. Circuit on Friday threw out evidence obtained under a search warrant seeking cellphones and electronic devices without showing probable cause the suspect owned any, ruling that the fact that most people own cellphones is not enough to search someone's home.

  • August 18, 2017

    8th Circ. Asked To Award Profits In Fastener TM Dispute

    B&B Hardware Inc., a metal fastener manufacturer locked into a longstanding trademark dispute with rival Hargis Industries Inc., has asked the Eighth Circuit to drill down on a jury's finding that Hargis is liable for trademark infringement but doesn't owe any of its profits to B&B.

  • August 18, 2017

    9th Circ. Partially Revives Securities Suit Against Atossa

    A Ninth Circuit panel on Friday revived some of the claims in a securities fraud class action against Atossa Genetics Inc. after finding that the investors behind the suit had properly alleged some public statements by the breast health device maker and its CEO were materially false or misleading.

  • August 18, 2017

    HHS Must Justify 'Turbocharged' Hospital Data, DC Circ. Says

    The U.S. Department of Health and Human Services must better explain why it used questionable data from “turbocharging” hospitals when calculating how Medicare would dole out billions of dollars for extraordinarily expensive patients, the D.C. Circuit ruled Friday.

  • August 18, 2017

    On 'Blurred Lines' And 'Stairway,' What Can Jurors Hear?

    Two closely watched copyright cases over the songs “Blurred Lines” and “Stairway to Heaven,” both set for rulings next year by the Ninth Circuit, are quietly linked by a common question: What music can jurors actually hear?

  • August 18, 2017

    Surgery Supply Cos. Slam Bid For Cert in Antitrust Suit

    Two surgery supply companies have urged the U.S. Supreme Court to deny certiorari to a specialized sutures company’s challenge to an antitrust decision over “bundled” sales of surgery products, saying the suture company’s claim of a circuit split and of an anti-competitive market for its goods are both erroneous.

  • August 18, 2017

    Liquor Chain Wants 5th Circ. To Revive Hack Coverage Suit

    A Texas liquor store chain urged the Fifth Circuit on Friday to reverse the lower court ruling that found Hanover Insurance was not obligated to pay the costs of a lawsuit seeking recovery of $4 million charged by the chain’s credit card processor following two data breaches, arguing the policy exclusions were wrongly interpreted. 

  • August 18, 2017

    Fed Circ. Asked To Revive IBM Web Patent Infringement Suit

    The owner of a pair of patents involving web page loading asked the Federal Circuit on Thursday to reverse a ruling granting a win to IBM on claims it infringed the patents, saying the district court ran afoul of Federal Circuit precedent and that the ruling should be reversed.

  • August 18, 2017

    Justices Urged To Nix State Takings Precedent In Tax Case

    A small business trade group and constitutional advocacy center both urged the U.S. Supreme Court to take up a challenge to Michigan’s tax foreclosure sale law, saying property owners have been denied their day in court in trying to overturn the law.

  • August 18, 2017

    Teeth Removal Suit Not Time-Barred, 11th Circ. Rules

    The Eleventh Circuit on Thursday declined to dismiss a dental malpractice suit alleging three dentists negligently performed a patient’s tooth-extraction procedures which purportedly caused injuries, saying the suit isn’t time-barred because the parties previously agreed that the claims should not be dismissed on untimeliness grounds.

  • August 18, 2017

    Weingarten Applies Only To Mandatory Meetings: DC Circ.

    The U.S. Supreme Court’s Weingarten decision requires that employers let union representatives join workers only in mandatory meetings, a D.C. Circuit panel said Friday, partially reversing a National Labor Relations Board order that said a Kansas hospital must allow union reps to join two nurses at investigative hearings.

  • August 18, 2017

    Insurer Needn't Cover $4M Of Claims Manager Deal: 7th Circ.

    Novae Corporate Underwriters Ltd. doesn't have to cover $4 million of Cunningham Lindsey Claims Management Inc.'s settlement of allegations that it mismanaged an insurance program for roofing contractors, the Seventh Circuit affirmed on Friday, holding that the deal is unenforceable.

  • August 18, 2017

    Texas Tells State Court AMC's Tax Win Could Cost $6B

    Texas has taken a long-running tax refund fight against American Multi-Cinema Inc. to the Texas Supreme Court, where the state comptroller argues allowing AMC to deduct its movie exhibition costs from its franchise taxes would open to the door to $6 billion worth of related refund claims.

  • August 18, 2017

    Nooksack Officials Ask 9th Circ. To Nix Members' RICO Suit

    Nooksack Tribal Chairman Robert Kelly Jr. and other officials urged the Ninth Circuit on Thursday to toss a lawsuit in which a group of tribe members allege that the officials flouted the Racketeer Influenced and Corrupt Organizations Act by conspiring to strip the members of their enrollment.

  • August 18, 2017

    Excessive FCA Damages Claim Justifies Fee Award: 6th Circ.

    The Sixth Circuit on Friday granted a federal construction contractor’s bid for reimbursement of around $469,000 in legal fees incurred fighting a False Claims Act suit, ruling that the government had acted unreasonably through its “excessive” proposed damages for the underpayment of wages by a subcontractor.

  • August 18, 2017

    Russian KFC Owner Can Be Taxed On Stock Sale: 3rd Circ.

    A Third Circuit panel on Friday largely affirmed a U.S. Tax Court decision that the primary shareholder in a company that owned most of Russia’s Pizza Huts and KFCs could be taxed on stock he bought from a minority shareholder, saying the primary shareholder must accept the "consequences of his business decisions."

Expert Analysis

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

    Steven Pearlman

    The Seventh Circuit's recent decision in Groshek v. Time Warner Cable is a valuable win for employers, as it provides important guidance as to what does not constitute a concrete injury with respect to the Fair Credit Reporting Act stand-alone disclosure rule, say attorneys with Proskauer Rose LLP.

  • What 'Employers' Should Know As Summer Interns Move On

    Shlomo Katz

    As August winds down and summer interns transition back to school, some of the workplaces that welcomed interns last spring may wonder if they might face a lawsuit for wages and overtime under the Fair Labor Standards Act. While such lawsuits were trending just a few years ago, several court rulings have put a damper on such litigation, says Shlomo Katz of Brown Rudnick LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opinion

    It’s Time To Fix FIFRA Preemption

    Lawrence Ebner

    Pesticides, like drugs and other products whose safe use is heavily regulated by the federal government, simply should not be subject to the whims of local government officials. The Federal Insecticide, Fungicide and Rodenticide Act is long overdue for an amendment that would expressly and unequivocally preempt all local regulation of pesticide sale and use, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • Waffle House Arbitration Ruling May Reach Past 11th Circ.

    Neal Ross Marder

    The impact of the Eleventh Circuit's recent decision in Jones v. Waffle House may be far-reaching, as it has significantly widened the circuit split over the "wholly groundless" exception to arbitrability clauses, and has added persuasive authority that could sway undecided circuits to join in rejecting that exception, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)