Appellate

  • June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    3 Takeaways From High Court's Citizenship-Stripping Ruling

    The U.S. Supreme Court’s decision Thursday to raise the bar for stripping naturalized U.S. citizens of their citizenship due to false statements made during the application process is not limited to just that corner of immigration law, experts say. Here, Law360 looks at three takeaways from the ruling.

  • June 23, 2017

    Texas High Court To Hear Row Against Payday Lender

    The Texas Supreme Court agreed Friday to hear a would-be class action from borrowers alleging payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts.

  • June 23, 2017

    NJ Doctor Loses Jury Verdict Appeal In Post-Op Death Suit

    A New Jersey state appellate court upheld on Friday a jury verdict against a surgeon accused of bungling an elderly patient’s post-operative care and causing her death from septic shock, ruling that the patient’s estate had made its case and that the trial judge was right to bar a defense witness.

  • June 23, 2017

    NJ Court Tosses $1.4M Fees Award In Equipment Lease Row

    A New Jersey appeals court on Friday vacated a more than $1.4 million attorneys' fees award to counsel for Tangible Secured Funding in an equipment lease dispute with a medical imaging center, finding the award unreasonable in multiple respects, including because one of the company's lawyers was not licensed to practice in New Jersey.

  • June 23, 2017

    Reading The Tea Leaves In Gorsuch's First Dissent

    Now that he’s penned his first dissent, will Justice Neil Gorsuch follow in the footsteps of avid dissent writers like Justice Clarence Thomas, or will he be more reluctant to call out the majority? Here, we look at the first dissent by each sitting U.S. Supreme Court justice.

  • June 23, 2017

    4th Circ. Rules NFL Retirement Plan Wrongly Denied Benefits

    The Fourth Circuit on Friday sided with former NFL linebacker Jesse Solomon, who is seeking higher disability benefits from the league's retirement plan for cognitive impairments resulting from head injuries, finding that the plan ignored evidence of when the player became disabled.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    Ex-Calif. City Official Gets Corruption Counts Tossed

    A California appeals court on Friday reversed nearly half of the corruption charges against a former Bell, California, city official convicted for a scheme to fleece the working-class city for millions of dollars, citing erroneous jury instructions.

  • June 23, 2017

    NLRB Denied DC Circ. Rehearing In FedEx Driver Status Row

    The D.C. Circuit on Friday refused to reconsider its reversal of a National Labor Relations Board finding on how FedEx drivers should be categorized, cementing its March decision that the workers were independent contractors by the agency’s own standards.

  • June 23, 2017

    Gay Bias Is Sex Discrimination, EEOC Tells 2nd Circ.

    Responding to a request by the Second Circuit to weigh in on the case of a deceased skydiving instructor who claimed he was fired over his homosexuality, the U.S. Equal Employment Opportunity Commission said Friday that discrimination on the basis of sexual orientation is prohibited by Title VII.

  • June 23, 2017

    1st Circ. Nixes Part Of Mass. Sick Law For Railroad Workers

    The First Circuit ruled Friday that key portions of Massachusetts’ law providing earned sick-time for employees don’t apply to railroad workers in the state, saying the law is preempted by the federal Railroad Unemployment Insurance Act.

  • June 23, 2017

    Warranty Cos. Can't Force Fraud Claims Into Arbitration

    A New Jersey state appeals court on Friday rejected a bid from home warranty companies to force a putative class action over consumer fraud and related allegations into arbitration, saying a contract did not clearly notify a customer that she was waiving her right to pursue her claims in court.

  • June 23, 2017

    Fed. Circ. Axes Prism’s Patents In Appeal Of T-Mobile Win

    The Federal Circuit sided with T-Mobile on Friday after the wireless carrier fended off a $100 million infringement lawsuit by Prism Technologies LLC at trial, and it went further than the lower court by invalidating Prism’s authentication server patents as noninventive, abstract ideas under Alice.

  • June 23, 2017

    Justices' Eminent Domain Ruling Clarifies State Law's Reach

    The U.S. Supreme Court's decision Friday affirming a Wisconsin court ruling that said two adjacent properties at the center of an eminent domain dispute can be considered one unit for the purposes of calculating loss provides clarity to dozens of states that have laws pertaining to the issue, attorneys say.

  • June 23, 2017

    Texas Justices Split On Deed Interpretation In Royalty Row

    The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.

  • June 23, 2017

    Texas Justices To Hear Hospital's Insurance Discovery Row

    The Texas Supreme Court on Friday decided to hear oral arguments in a dispute between North Cypress Medical Center Operating Co. Ltd. and an uninsured patient in which the hospital is seeking reversal of a trial court's order requiring it to disclose insurance reimbursement rates.

  • June 23, 2017

    Fed. Circ. Affirms Sweeping PTAB Win For Straight Path IP

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that largely upheld the validity of three Straight Path IP patents related to real-time video teleconferencing technology, handing the licensing firm a decisive win after a series of attacks from telecom giants like Samsung and Cisco.

  • June 23, 2017

    Mass. High Court Ruling May Swell Insureds' Litigation Costs

    The Massachusetts high court's ruling Thursday that an insurer's duty to defend doesn't include an obligation to prosecute a client's counterclaims could increase litigation costs for policyholders by forcing them to hire separate attorneys to manage a case's defensive and offensive strategies, attorneys say.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

Expert Analysis

  • Summary Affirmances Could Undo The Fed. Circ.

    Matthew Fagan

    For the past two years, the Federal Circuit has relied on summary affirmances in nearly 60 percent of its cases. Thus, if the U.S. Supreme Court were to find, as recent cases argue, that the law requires the Federal Circuit to issue a written opinion in all cases, it could drastically slow down the appeals process, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.

  • 9th Circ. Raises The Bar On Misprision Of A Felony

    Andrew Goldsmith

    Just two days before the appointment of special counsel Robert Mueller, the Ninth Circuit added a new element to one of the potential crimes within his jurisdiction. In U.S. v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony. No other court has considered such a requirement in the 227 years since the crime was codified, says Andrew Goldsmith of Kellogg Han... (continued)

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Protect Innovation By Making FDA Compliance Admissible

    Lisa Dwyer

    The U.S. Supreme Court will soon decide whether to hear a case concerning a medical device maker's right to introduce the U.S. Food and Drug Administration’s review and authorization of its product into evidence. Such information should be a legitimate part of companies' full and robust defenses of their products, say Lisa Dwyer of King & Spalding LLP and Matthew Wetzel of AdvaMed.

  • June Brought A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • Why The Corrosion Exclusion Remains Strong: Part 2

    Philip Silverberg

    The Second Circuit's decision in Lantheus v. Zurich last year represents a strong rebuke of the narrow definition of "corrosion" advanced by some in the insurance industry. Also reinforced is the principle that anti-concurrent causation language means exactly what it says, say attorneys with Mound Cotton Wollan & Greengrass LLP in the final part of this article.

  • Why The Corrosion Exclusion Remains Strong: Part 1

    Philip Silverberg

    Policyholders and their counsel often see a coverage declination under a corrosion exclusion as an invitation to argue that some other cause was responsible for a loss even when corrosion plays a central role. However, many courts have rejected such attempts to read a corrosion exclusion out of its policy, say attorneys with Mound Cotton Wollan & Greengrass LLP.

  • Ambiguous Regulation May Not Preclude FCA Liability

    Michael Prendergast

    The recent Lincare opinion gives notice that, at least in the Eleventh Circuit, regulation ambiguity alone will not provide an impenetrable shield against False Claims Act liability for contractors, say Michael Prendergast and Jerome Hoffman of Holland & Knight LLP.

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.