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Appellate

  • August 16, 2018

    NJ High Court Centralizes Some J&J Hernia Mesh Lawsuits

    The New Jersey Supreme Court has signed off on the centralized management of state lawsuits involving claims that a certain Johnson & Johnson hernia mesh product was defective and seriously injured consumers, while declining to consolidate cases dealing with similar devices.

  • August 16, 2018

    Enviros Urge 9th Circ. To Revive Yuba River Fish Lawsuit

    Environmentalists have urged the Ninth Circuit to revive their lawsuit against the U.S. Army Corps of Engineers and National Marine Fisheries Service that had alleged the federal entities failed to properly protect at-risk fish that live near two dams in the northern part of California.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 16, 2018

    Suspect Charged In Shooting Of Mayer Brown Appellate Chief

    A man has been charged in the shooting death of Stephen Shapiro, the head of Mayer Brown LLP’s Supreme Court and appellate practice, police said.

  • August 15, 2018

    9th Circ. Backs Dismissal Of $2B Mexican Contract Case

    The Ninth Circuit on Wednesday affirmed a lower court decision to dismiss a Mexican corporation’s multibillion dollar lawsuit against a Mexican government-owned salt mining company over an allegedly breached deal for a lucrative salt production byproduct, saying the U.S. court lacked jurisdiction.

  • August 15, 2018

    11th Circ. Won't Revive Ex-Judge's Suit Over Disbarment

    The Eleventh Circuit on Wednesday upheld a lower court’s decision to toss a former Florida state judge's lawsuit over the state's Judicial Qualification Commission’s recommendation to the Florida Supreme Court that she be removed from the bench, as well as affirming her subsequent disbarment by the state bar.

  • August 15, 2018

    10th Circ. Says NM Water Deal Objectors Lack Standing

    The Tenth Circuit on Wednesday said that objectors to a final judgment issued by a lower court in a water rights deal between New Mexico, four pueblos and the city and county of Santa Fe do not have standing, because they could not demonstrate injury.

  • August 15, 2018

    Atty Asks Ill. Justices To Disbar Him For Faking $4M Deal

    An Illinois attorney who’s accused of lying to clients for years about the status of their lawsuits, including when his law license was already suspended, has asked to be disbarred by the state’s Supreme Court.

  • August 15, 2018

    9th Circ. Won't Revive $600M Antitrust Row Against Mitsubishi

    The Ninth Circuit affirmed Wednesday a lower court decision tossing a $600 million antitrust suit against Mitsubishi Corp. related to its joint ownership of a Mexican government-owned salt company, agreeing that U.S. courts can’t interfere in matters involving government acts within that government's own borders.

  • August 15, 2018

    Appeals Court Stops Contempt Proceedings Against 2 Attys

    A Florida appeals court on Wednesday barred a trial court from continuing indirect criminal contempt proceedings for two attorneys for lender Ditech Financial LLC for violating a discovery order in a foreclosure suit, finding there was no evidence the lawyers had advised the company to violate the order.

  • August 15, 2018

    FTC’s $1.3B Loan Row Win Used ‘Red Herring,’ 9th Circ. Told

    Professional auto racer Scott Tucker asked the Ninth Circuit on Wednesday to reverse a $1.3 billion judgment against his payday loan companies for deceiving and overcharging customers, saying borrowers’ loan contracts included all necessary information and calling the Federal Trade Commission’s claim they hid unfavorable terms “a red herring.”

  • August 15, 2018

    Calif. Court Rejects Enviros' Bid To Close Injection Wells

    A California state appeals court on Tuesday denied the Center for Biological Diversity's petition to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers, finding that the Safe Drinking Water Act does not require such an action.

  • August 15, 2018

    Fla. Court OKs Jury Instructions In Hurricane Repair Row

    A Florida appellate court on Wednesday affirmed a trial court’s jury instructions and evidentiary rulings in a trial between two condo associations and an insurance agent over a construction bond needed to repair hurricane damage, rebuffing the associations’ argument that the trial court cost them a larger verdict.

  • August 15, 2018

    3rd Circ. Won't Revive Suit Over Hartford Management Fees

    The Third Circuit refused Wednesday to disturb a victory for investment advisers in beating a proposed class action over mutual fund management fees, saying a district court properly found that the shareholders behind the suit failed to show the fees were excessive for the services provided.

  • August 15, 2018

    Fed. Circ. Junks $51M Attys' Fees Award In Rembrandt MDL

    The Federal Circuit, in a ruling made public Wednesday, threw out a $51 million attorneys' fee award that Comcast Corp. and other cable companies won in sprawling multidistrict patent litigation, finding a lower court failed to connect the fees to Rembrandt Technologies LP’s alleged misconduct.

  • August 15, 2018

    9th Circ. Hands Actress Fees In Movie Co.'s Appeal

    The Ninth Circuit agreed Wednesday to grant $17,000 in attorneys' fees and costs to counsel for actress Elizabeth Banks in an appeal over a prior $319,000 in fees she won after fighting off a company’s copyright infringement suit over the 2014 comedy “Walk of Shame."

  • August 15, 2018

    Insurer Off Hook In Texas Employment Appeal

    A Texas appeals court on Wednesday blessed the win of insurer Texas Mutual in an underlying dispute over coverage for a policyholder whose employee sued after being injured in the course of railroad work.

  • August 15, 2018

    Lawmakers Back Immigrant Bond Hearings At High Court

    Stakeholders from lawmakers to former immigration officials weighed in Monday in a case at the U.S. Supreme Court concerning immigrants’ right to bond hearings in detention, arguing in amicus briefs that such a right was plainly laid out in the relevant law.

  • August 15, 2018

    10th Circ. Vacates Drivers' Class Cert. In $2.35M Wage Suit

    A Utah federal judge didn't probe deeply enough into a $2.35 million settlement ending a class action suit over trucking company C.R. England's pay structure before approving the deal, a Tenth Circuit panel said Tuesday in vacating an order certifying the class of drivers.

  • August 15, 2018

    Out-Of-State Drugs Can Be Taxed, Minn. High Court Rules

    Minnesota can apply its drug tax to pharmacies outside the state that deliver prescription drugs into Minnesota, the state’s highest court ruled Wednesday.

Expert Analysis

  • Internet Of Things Cos. Must Prepare For Law Enforcement

    Matthew Gardner

    As the internet of things device market develops, companies that proactively develop compliance strategies should be able to avoid many of the pitfalls that are sure to come as law enforcement changes the way it investigates cases, say attorneys at Wiley Rein LLP.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • 6th Circ. Adds To Individual Assessment Trend Under ADA

    Robert Horton

    The Sixth Circuit's recent opinion in Hostettler v. The College of Wooster is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation under the Americans with Disabilities Act, say Robert Horton and Courtney Williams of Bass Berry & Sims PLC.

  • How 2 Cases Have Settled NY Insurance Allocation Law

    Cort Malone

    The past two years have seen insurance coverage lawyers coming to terms with the impact of two landscape-changing decisions from New York's highest court, Viking Pump and Keyspan. Together, these cases make clear that under New York law, the allocation approach that will apply to long tail claims is governed by the presence of certain policy language, say Cort Malone and Vivian Michael of Anderson Kill PC.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Lower Court Confusion Over Impact Of Trump V. Hawaii

    Steven Gordon

    In Trump v. Hawaii, the U.S. Supreme Court recently upheld President Donald Trump’s so-called travel ban against the contention that it is anti-Muslim and violates the establishment clause. However, it appears that some lower federal courts have not understood the high court's message, says Steven Gordon of Holland & Knight LLP.