Appellate

  • October 19, 2017

    US Airways Fights Sabre's Appeal Of $15M Antitrust Win

    US Airways Inc. urged the Second Circuit on Wednesday to reject trip-planning giant Sabre Holdings Corp.'s bid to overturn a $15 million jury verdict awarded to the airline in an antitrust suit, insisting the jury correctly followed the appeals court’s American Express holding to conclude that Sabre had market power and its contract was anti-competitive.

  • October 19, 2017

    'Nurse 3D' Actress Can't Revive $55M Suit Against Lionsgate

    A California appeals court Wednesday affirmed the dismissal of former "Boardwalk Empire" actress Paz de la Huerta's $55 million suit alleging Lions Gate Entertainment Corp. had an ambulance hit her during the filming of the movie "Nurse 3D" and dubbed over her voice without consent.

  • October 19, 2017

    4th Circ. Nixes Black Worker's Suit Over Noose, KKK Hood

    The Fourth Circuit on Thursday rejected a security officer’s bid to revive claims that he was racially harassed by coworkers who made him carry a noose and created a mock Ku Klux Klan hood, saying the company took reasonable measures to correct the hostile behavior after becoming aware of it.

  • October 19, 2017

    Tribe Slams Rival's Claim To Fishing Rights In 9th Circ.

    The Nisqually Indian Tribe told the Ninth Circuit Wednesday that a former Washington federal judge did not intend to include contested waters in part of the southern Puget Sound in another tribe’s ancestral fishing area in a long-running dispute over fishing rights in the region.

  • October 19, 2017

    Treasury's 'Gotten Nowhere' On Currency For Blind: Judge

    A D.C. Circuit judge took the U.S. Department of the Treasury to task in oral arguments Thursday over years of delays in providing currency accessible to the visually impaired, questioning how the department can argue it’s made “substantial progress.”

  • October 19, 2017

    6th Circ. Affirms Toss Of Travel Pay Suit But Revives 1 Claim

    The Sixth Circuit on Thursday largely let stand a Kentucky federal court decision that ended a wage suit alleging that an information technology consulting firm underpaid workers for travel time, reviving only the claims of one worker who was initially paid full wages for travel before his pay was scaled back.

  • October 19, 2017

    Fed. Circ. Rules Judge Wrongly Axed Merck NuvaRing Patent

    The Federal Circuit on Thursday reversed a lower court’s decision that some claims of a Merck patent on the birth control device NuvaRing are invalid, ruling in a dispute involving a Teva unit that the judge improperly used hindsight to find the patent obvious.

  • October 19, 2017

    11th Circ. Upholds $27M Boston Scientific Pelvic Mesh Loss

    A Florida federal judge was right to consolidate the cases of four women who say they were injured by Boston Scientific Corp.'s allegedly defective pelvic mesh implants, the Eleventh Circuit ruled Thursday, upholding a jury’s $27 million verdict.

  • October 19, 2017

    Benihana Asks 2nd Circ. Not To Revive Counterpart's Suit

    The American arm of the Benihana restaurant chain asked the Second Circuit on Wednesday not to revive a suit alleging it tried to force its international counterpart into handing over that counterpart's franchises, arguing that a lower court properly held the America arm was acting in its economic best interest.

  • October 19, 2017

    Ariz. High Court Rules On Inadequate Med Mal Witnesses

    The Arizona state Supreme Court on Wednesday reduced the number of steps needed to have a case tossed because of an inadequate witness, ruling in a medical malpractice case over a hospital patient's bedsores.

  • October 19, 2017

    Garland OKs Livestream In Teen's DC Circ. Abortion Case

    The D.C. Circuit will livestream oral arguments Friday for the first time in over a decade after Chief Judge Merrick Garland granted a request from a judicial transparency group in a case over an immigrant teen seeking an abortion, the group’s director said Thursday.

  • October 19, 2017

    Fla. Appeals Court Upholds Nursing Home Generator Rule

    A Florida appeals court on Thursday denied three petitions requesting review of an emergency rule giving nursing homes and assisted living facilities 60 days to install generators capable of providing four days of backup power.

  • October 19, 2017

    Blackwater Guards Ask DC Circ. To Uphold New Trial Ruling

    A group of former Blackwater Worldwide guards pushed back Thursday against the government's request for a review of a D.C. Circuit decision that tossed their sentences ranging from 30 years to life in prison for their roles in a deadly Iraq shooting and granted one of the contractors a new trial.

  • October 19, 2017

    9th Circ. Says AIG Unit Owes Interest On $4M Judgment

    The Ninth Circuit on Thursday found an AIG Inc. unit does owe prejudgment interest on a $4 million judgment to the founder of a nutritional supplement maker, saying limits on the interest on judgments do not apply to judgments against the insurer.

  • October 19, 2017

    VW Mistaken About NLRB Bargain Unit Ruling, DC Circ. Told

    Volkswagen Group of America Inc. is misapplying a new National Labor Relations Board ruling on a proposed bargaining unit to bolster the automaker's challenge to a micro-unit of Tennessee maintenance workers, an NLRB attorney told the D.C. Circuit on Thursday.

  • October 19, 2017

    Supreme Court, AIA Gutted Patents, Ex-Fed. Circ. Chief Says

    The combination of recent Supreme Court decisions and congressional action has “seriously hobbled our vaunted patent system,” former Federal Circuit Chief Judge Paul Redmond Michel said in an impassioned speech at an intellectual property conference Thursday, citing a 60 percent drop in patent values and vanishing investments in research and development.

  • October 19, 2017

    2nd Circ. Won't Save $17M Men’s Wearhouse Short-Swing Suit

    The Second Circuit declined on Thursday to revive an insider trading suit against an investor in Men’s Wearhouse Inc. for allegedly making $17 million in forbidden “short-swing” profits, saying a U.S. Supreme Court case made clear that the suit was properly dismissed.

  • October 19, 2017

    Calif. Court Slams Property Mgmt. Co.'s Appeal Gambit

    A California state appeals panel has reprimanded a property management company and its attorneys, ordering them to cover expenses an ex-worker incurred fighting an appeal the panel said the company "orchestrated" to delay trial.

  • October 19, 2017

    Calif. Mother Loses Appeal Against Doctor Over Son's Death

    The mother of a 26-year-old man who died after receiving a pacemaker-like device lost an appeal in a medical malpractice suit on Wednesday when a California appellate panel said she failed to refute an expert opinion that found his doctor didn't breach a standard of care.

  • October 19, 2017

    Mo. Ruling Sinks Stock Buyback Retaliation Suit: 8th Circ.

    An intervening decision by Missouri’s highest court has spelled an end to a suit from a former employee of American Century Cos. Inc. that alleges the investment firm repurchased restricted shares from him in retaliation for his testimony on a rival’s behalf in an arbitration battle involving his erstwhile employer, the Eighth Circuit found on Thursday.

Expert Analysis

  • In The End, Pa. Supreme Court Only Clarifies Bad Faith Law

    Jonathan MacBride

    Although the initial response to the Pennsylvania Supreme Court's recent decision in Rancosky v. Washington is that it significantly alters the state's bad faith law, closer examination shows although the court had the opportunity to create a heightened standard of bad faith, its decision did not lower the bar for policyholders, say Jonathan MacBride and Laura Bartlow of Zelle LLP.

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 4th Circ. Weighs In On Recovering Overpaid Benefits

    Marianna Jasiukaitis

    The Fourth Circuit recently ruled in Retirement v. Brewer that overpayments of retirement benefits to defined benefit pension plan participants were recoverable. The case boiled down to whether an optional lump sum benefit was an unsubsidized lump sum based on a normal retirement annuity and not an early retirement annuity, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Mo. High Court Clears Up Right-To-Sue Letter Challenges

    Brian Peterson

    The Missouri Supreme Court's recent opinion in Tivol Plaza v. Missouri Commission on Human Rights clarifies when it is appropriate to challenge the issuance of a right-to-sue letter by the Missouri Commission on Human Rights. The decision is important because it eliminates some of the confusion caused by the court's previous ruling in Farrow v. St. Francis Medical Center, says Brian Peterson of Spencer Fane LLP.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.