Appellate

  • May 23, 2017

    Ophthalmology Clinic’s Jury Win Affirmed In Lost Eye Suit

    A Missouri appellate panel on Tuesday affirmed a jury verdict clearing an ophthalmology clinic of offering substandard care that purportedly caused a patient to eventually lose her right eye, rejecting the patient’s allegations of witness tampering and misrepresentation of evidence.

  • May 23, 2017

    NJ Justices To Mull Attys' Fee Bid After $1M Med Mal Deal

    The New Jersey Supreme Court has agreed to review an appellate panel decision rejecting a widow's bid for attorneys' fees in a medical malpractice lawsuit on the grounds that she did not preserve her right to seek counsel fees when the parties agreed to a maximum judgment of $1 million regardless of a jury's award.

  • May 23, 2017

    9th Circ. Tosses Enviros' Challenge Of Alaska Logging Plan

    The Ninth Circuit on Tuesday tossed environmentalists’ appeal of a district judge's decision to nix their suit seeking to stop a huge old-growth timber sale from going forward in an Alaska national forest, saying the Big Thorne project was consistent with the region’s forest plan.

  • May 23, 2017

    11th Circ. Buttresses Smokers' Claims Against Tobacco Cos.

    With the Eleventh Circuit's en banc ruling Thursday in a smoker's suit against R.J. Reynolds and Philip Morris, Engle progeny plaintiffs dodged a federal-state court split that might have given the U.S. Supreme Court incentive to weigh in on whether plaintiffs could use the landmark tobacco class action's jury findings to buttress their strict liability and negligence claims.

  • May 23, 2017

    4th Circ. Lets Wikipedia Move Forward With NSA Spying Fight

    The Fourth Circuit on Tuesday resurrected a constitutional challenge mounted by Wikipedia's parent company against the NSA’s controversial “upstream” collection of internet communications, but found other groups couldn’t move forward because they relied on a broader surveillance effort that couldn’t be plausibly proven.

  • May 23, 2017

    Prosecutors Fight Texas AG's Bid For New Judge

    Prosecutors in the felony securities fraud case against Texas Attorney General Ken Paxton on Tuesday told a state appeals court it should dismiss the AG’s attempt to oust the presiding trial judge.

  • May 23, 2017

    Broker Not Negligent In Copper Loss Dispute, 6th Circ. Says

    A trucking company that suffered a theft of copper shipments can't hold insurance broker Cottingham & Butler Insurance Services liable for negligently failing to notify the company that its new policy contained a copper exclusion, the Sixth Circuit affirmed on Tuesday, finding the broker had provided sufficient notice of the change.

  • May 23, 2017

    DC Circ. Affirms FERC’s Certificate For $600M Gas Pipeline

    A D.C. Circuit panel on Tuesday affirmed the Federal Energy Regulatory Commission’s decision to approve an approximately $600 million gas pipeline project in New Jersey and Pennsylvania, denying an environmental group’s contention that the certificate violated the Clean Water Act.

  • May 23, 2017

    No Court Has Ever Nixed A Fair Use Verdict, Google Says

    Google Inc. urged the Federal Circuit on Monday not to revive an $8.8 billion copyright lawsuit filed against the company by Oracle, warning that “no court” has ever overturned a jury verdict on fair use — and “this is no time to start.”

  • May 23, 2017

    10th Circ. Tosses Bid To Review Lung Benefit Award Decision

    A Tenth Circuit panel on Tuesday denied a petition from Energy West Mining Co. to review a decision backing a Black Lung Benefits Act award given to a veteran miner who developed a respiratory disease, saying an administrative law judge didn’t err in considering the opinion of a doctor who said the miner’s work caused his sickness.

  • May 23, 2017

    Guatemalan Failed To Prove Hardship To Daughter: 2nd Circ.

    The Second Circuit on Monday dismissed a petition to review a Board of Immigration Appeals decision to deport a Guatemalan man who argued that he needed to remain in the country to take care of his 3-year-old daughter, whose mother is ill, saying his arguments failed to raise questions of law.

  • May 23, 2017

    SEC Halts Some Admin. Proceedings After 10th Circ. Ruling

    The U.S. Securities and Exchange Commission on Monday paused all pending administrative proceedings in its home court that concern certain securities laws and could ultimately be appealed to the Tenth Circuit, citing the appellate court’s recent ruling that deemed the agency’s in-house judges as unconstitutional.

  • May 23, 2017

    1st Circ. Pauses Martha's Vineyard Casino Row For High Court

    The First Circuit agreed Monday to delay the mandate on its recent decision paving the way for a Native American tribe to build a casino on Martha’s Vineyard so that the commonwealth of Massachusetts, a town and a community group can mount an appeal of the ruling at the U.S. Supreme Court.

  • May 23, 2017

    Insurer Needn't Cover Clerk In Fake TV Probe Suit: Mass. Court

    Arbella Insurance Group doesn't have to cover a city of Newton police clerk's costs to defend a lawsuit alleging he secretly photographed the then-police chief's secretary as part of a ruse to get her to accept extra work by making her believe she was the subject of a TV news investigation, a Massachusetts appeals court affirmed Tuesday.

  • May 23, 2017

    Venezuela Urges DC Circ. To Nix $740M Arbitral Award

    Venezuela pressed the D.C. Circuit on Monday to upend a $740 million arbitral award issued, and affirmed, for Canadian mining company Gold Reserve in a dispute over canceled mining permits, arguing the lower court judge improperly ignored the beleaguered country’s arguments.

  • May 23, 2017

    Feds Urge Justices Not To Review Santander $234M Tax Beef

    The federal government has urged the U.S. Supreme Court to deny Santander Holdings USA Inc.’s bid to win back a $234 million foreign tax credit refund overturned by the First Circuit, saying the appellate court correctly found that the bank used an improper tax shelter.

  • May 23, 2017

    Feds Urge Justices To Nix Bombardier 'Ticket Tax' Petition

    The U.S. government has told the U.S. Supreme Court that there is no need to take up Bombardier Aerospace Corp.’s petition challenging an IRS designation of management fees for privately held airplanes as subject to federal commercial ticket taxes, saying that the Fifth Circuit applied the correct standard to the agency’s tax audit.

  • May 22, 2017

    High Court Could Expand PTAB's Role In Validity Disputes

    A case the U.S. Supreme Court agreed to hear Monday could concentrate patent validity disputes at the Patent Trial and Appeal Board by limiting piecemeal litigation where the board decides the validity of some patent claims in America Invents Act reviews and district courts decide others.

  • May 22, 2017

    3 Takeaways From The Supreme Court's Patent Venue Ruling

    The U.S. Supreme Court’s decision Monday to put restrictions on where patent lawsuits can be filed will limit the ability of patent owners to file cases in favorable courts, likely marking the end of the Eastern District of Texas as a patent litigation hot spot. Here, Law360 takes a look at the impact and other possible fallout from the ruling.

  • May 22, 2017

    Retroactive Tax Laws Muddying Businesses’ Future Decisions

    The U.S. Supreme Court’s refusal to review seven cases challenging the backdated application of amended state tax laws leaves businesses in the precarious position of not being able to confidently structure their operations based on either current statutes or earlier court victories.

Expert Analysis

  • DC Circ. Raises Bar For Utility Rate Complaints

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    In a recent ruling, the D.C. Circuit held that the Federal Energy Regulatory Commission must explain why the existing return on equity for a group of utilities is unjust and unreasonable before moving to set a just and reasonable rate. But the question left unanswered is what additional showing is necessary to overturn an existing rate, say attorneys with Jones Day.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Fate Of The SEC In-House Court: Careful What You Wish For

    Matthew Solomon

    As the D.C. Circuit hears arguments on Wednesday regarding the constitutionality of the U.S. Securities and Exchange Commission’s administrative tribunals, it is an opportune time to step back and consider whether the current strong movement away from using the administrative forum is universally positive for defendants, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Does FERC Delegation Authority Survive Loss Of Quorum?

    Harvey Reiter

    In Allegheny Defense Project v. Federal Energy Regulatory Commission, the petitioner has raised three different arguments why its appeal is not premature — all of which go to the legal status of FERC's tolling orders. Therefore, it seems likely that the D.C. Circuit will have to address at least some aspect of the scope and lawfulness of FERC's delegation authority, say attorneys with Stinson Leonard Street LLP.

  • Why Hively Offers Limited Protection To LGBT Employees

    Phillis Rambsy

    Does discrimination based on gender include sexual orientation? With its decision in Hively v. Ivy Tech Community College, the Seventh Circuit recently said yes. But this answer won’t help everyone, says Phillis Rambsy of the Spiggle Law Firm.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.

  • High Court Laches Rulings Likely Won't Affect TM Cases

    Howard Hogan

    Even though the U.S. Supreme Court has all but eliminated the defense of laches in copyright and patent infringement actions, laches likely remains viable against allegations of trademark infringement, say Howard Hogan and Anthony Vita of Gibson Dunn & Crutcher LLP.

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.