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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.