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Appellate

  • June 21, 2018

    Trump Supporter Must Pay $5.7M in Fees: Ill. Appeals Court

    An Illinois state appeals panel on Thursday upheld a Nixon Peabody LLP predecessor’s $5.7 million win for attorneys' fees the firm says it's owed for trial work it performed for a wealthy backer of Donald Trump’s presidential campaign in a suit against a Chicago suburb.

  • June 21, 2018

    4th Circ. Stays Corps' $3.5B Gas Pipeline Permit

    The Fourth Circuit on Thursday stayed a U.S. Army Corps of Engineers permit for the $3.5 billion Mountain Valley gas pipeline pending a petition for review following environmentalists’ argument that the developers have admitted they cannot satisfy the permit's conditions,

  • June 21, 2018

    Not So Narrow: High Court Ruling May Upend Deportations

    The U.S. Supreme Court's ruling clarifying exactly what must be in notices of appearances served to immigrants may seem narrow, but it could have far-reaching impacts, opening a new pathway to relief for deported immigrants while also calling into question a controversial precedent known as Chevron deference. 

  • June 21, 2018

    Split 9th Circ. Ditches Own Precedent In Nu Image Union Row

    A divided Ninth Circuit ruled Wednesday that film producer Nu Image Inc. can't sue in federal court over a union contract provision requiring it to pay into health and pension funds, in a decision that pitted a U.S. Supreme Court ruling against the appeals court’s own precedent.

  • June 21, 2018

    Dealer Barred From Arbitrating Fla. City Car Contract Row

    A car dealership accused of hiring another auto seller’s employee and helping her steal a lucrative contract with the city of Tallahassee can’t participate in the arbitration between the employee and her former company, a Florida appeals court ruled in a split decision Wednesday.

  • June 21, 2018

    Md. High Court Nixes Order To Probe Clinton Attys

    Maryland's highest court declared Thursday that a lower state court did not have the authority to order the Attorney Grievance Commission to investigate three lawyers representing Hillary Clinton, despite accusations of professional misconduct by an out-of-state attorney.

  • June 21, 2018

    Calif. Court Affirms Doc’s Win In Baby Brain Damage Suit

    A California appellate court has affirmed a jury’s verdict that a doctor’s negligence did not contribute to the development of brain damage in a baby he helped deliver.

  • June 21, 2018

    South Dakota V. Wayfair, A Look At The Case That Killed Quill

    The U.S. Supreme Court on Thursday decided the most important tax case in two and a half decades, overruling its 1992 precedent in Quill v. North Dakota and holding internet retailers can be required to collect sales and use tax in states in which they lack a physical presence. Law360 looks back at how we got here and what a post-Quill world may look like.

  • June 21, 2018

    9th Circ. Affirms Viacom’s $15M Unpaid Ads Win

    The Ninth Circuit affirmed Viacom International Inc.’s $14.9 million win in a suit accusing toy company MGA Entertainment Inc. of breaching four contracts in connection with ad sales and production of a TV show for the Lalaloopsy doll brand, agreeing with the lower court that MGA failed to show that Viacom materially breached the contracts first.

  • June 21, 2018

    Congress Not Off The Hook With High Court's Sales Tax Ruling

    The U.S. Supreme Court’s decision allowing states to collect tax from online and other remote retailers will inevitably lead to disparate tax policies and new risks for small businesses unless Congress steps in to enact uniformity and protections.

  • June 21, 2018

    Narrow High Court Ruling In Lucia Raises Questions For SEC

    The U.S. Supreme Court’s “narrow” ruling that U.S. Securities and Exchange Commission administrative law judges are inferior officers subject to the appointments clause of the Constitution leaves open the question of how the SEC — and other federal agencies that use ALJs — will resolve cases handled by improperly appointed judges, legal experts said Thursday.

  • June 21, 2018

    Structure Of South Dakota Law Matters In Quill Overturn

    The U.S. Supreme Court, in Thursday’s landmark decision to overturn more than half a century of precedent requiring physical presence before states can compel retailers to collect and remit use tax, made clear that the structure of the remote seller law, with which it was presented as a test case, made a difference.

  • June 21, 2018

    States To Steer Drone Privacy After DC Circ. FAA Ruling

    The D.C. Circuit’s dismissal of the Electronic Privacy Information Center’s bid to force the Federal Aviation Administration to address privacy concerns in its commercial small-drone rule signals that state and local governments will assume most of the responsibility for tackling privacy protections for drone use, attorneys say.

  • June 21, 2018

    Blogger Uses Texas Free Speech Law To Nix Defamation Row

    A Texas appellate court on Thursday sided with a blog and its author, holding a trial court had wrongly declined to dismiss a defamation claim brought by a school principal and ruling a state free speech law protects the blog posts at issue on the ground they concern matters of public concern involving public officials.

  • June 21, 2018

    Attorneys React To Ruling In South Dakota V. Wayfair

    The U.S. Supreme Court on Thursday found in South Dakota v. Wayfair that a state may impose sales and use tax collection obligations on remote sellers that lack a physical presence in the state, overturning over two decades of precedent that had prohibited such tax regimes. Here, attorneys tell Law360 why the decision is significant. 

  • June 21, 2018

    NJ Strip Club Exec Knew Arbitration Clause, Court Says

    A New Jersey state appeals court affirmed Thursday that the members of a strip club venture must arbitrate their ownership dispute, ruling that the entrepreneur who is suing is an “experienced businessman” who understood that the buyout agreement with his partners was subject to a related deal to keep disputes out of court.

  • June 21, 2018

    PBMs, Insurers Back Anthem, Express Scripts In Pricing Suit

    Two trade associations for pharmaceutical benefits managers and health insurers have thrown their support behind Anthem Inc. and Express Scripts Inc. in a dispute at the Second Circuit over the companies’ drug pricing, arguing that the companies weren’t acting as fiduciaries when they contracted together.

  • June 21, 2018

    Sears Customer Can't Revive NJ Suit After Not Being Harmed

    A New Jersey state appeals court ruled Thursday that a Sears customer was not actually harmed by purported consumer protection violations on her sales receipts for ovens and so could not revive her putative class action against the retailer, noting that she received a full refund for the returned merchandise.

  • June 21, 2018

    1st Circ. Upholds Discovery Bid Nix In Gene-Editing IP Row

    The First Circuit has affirmed a Massachusetts federal judge’s decision to deny a patent agency’s bid for discovery into an MIT lab’s European patents for genome-editing technology, saying that the court correctly found that the agent failed to prove the European patent office’s need for its assistance.

  • June 21, 2018

    Texas Patient Shot By Hospital Guards Gets Claim Trimmed

    A man who says he was shocked with a stun gun, shot and arrested by hospital security as he was having a manic episode cannot pursue a negligence claim against the medical center because it is technically a health care liability claim requiring a qualified expert witness, but his other claims can move forward, a Texas appeals court ruled Thursday.

Expert Analysis

  • How Wayfair Decision Benefits New Jersey

    Gary Botwinick

    The U.S. Supreme Court decision in South Dakota v. Wayfair will have a significant impact on commerce in many ways. Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC discusses its specific impacts on and benefits to the state of New Jersey.

  • When Will The ITC Honor A PTAB Finding Of Invalidity?

    Bryan J. Vogel

    As a general rule, the U.S. International Trade Commission has given little to no deference to Patent Trial and Appeal Board decisions. However, recent decisions seem to throw a wrinkle into this lack of deference, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • High Court Addresses Reality Of Modern Criminal Sentencing

    Taylor Crabtree

    On Monday, the U.S. Supreme Court issued its opinion in Rosales-Mireles v. United States. Read together with the court’s 2016 decision in Molina-Martinez v. United States, this opinion establishes a presumption that a defendant is entitled to resentencing whenever a district court makes a clear error in calculating a defendant’s U.S. Sentencing Guidelines range, says Taylor Crabtree of Ellis & Winters LLP.

  • Kaepernick Case Raises Arbitrator Subpoena Power Issues

    Gregory Capps

    It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL may ask the arbitrator to compel President Donald Trump to appear for deposition. The case presents interesting issues about the power of an arbitrator to compel testimony of a nonparty, say attorneys with White and Williams LLP​​​​​​​.

  • China Agritech: More Than Meets The Eye

    Erica Rutner

    There is no doubt that the U.S. Supreme Court’s decision in China Agritech v. Resh squarely precludes the viability of untimely successive class actions. But what impact might it have on the viability of timely filed successive class actions? Erica Rutner of Lash & Goldberg LLP explores the question.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Anti-SLAPP Motion In Name Only

    Joseph Gjonola

    The Ninth Circuit’s decision last month in Planned Parenthood v. Center for Medical Progress has effectively turned the anti-SLAPP motion into a hybrid of typical motions to dismiss and motions for summary judgment. As a result, defendants have lost the primary benefit of the anti-SLAPP process, says Joseph Gjonola of Roxborough Pomerance Nye & Adreani LLP.