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Kavanaugh Confirmed To Supreme Court By Tight Senate Vote

By Michael Macagnone

The Senate confirmed D.C. Circuit Judge Brett Kavanaugh to the U.S. Supreme Court by a two-vote margin Saturday, following a bruising nomination battle for President Donald Trump’s controversial choice to replace retired Justice Anthony Kennedy.
October 19, 2018
Chief Justice Pauses Kids' Climate Suit Ahead Of Trial

Chief Justice John Roberts issued an administrative stay on Friday in a lawsuit accusing the federal government of failing to protect future generations from climate change, in a move that could delay an Oregon federal trial currently set for Oct. 29.
October 19, 2018
Md. Asks Justices To Revive Generic-Drug Price-Gouging Law

Maryland’s attorney general on Friday urged the U.S. Supreme Court to decide whether it violates the commerce clause for states to regulate the price of drugs manufactured outside of their borders, with the hopes of reviving an anti-price gouging law shot down by the Fourth Circuit.
October 19, 2018
Drug Law Change Not Retroactive For Immigrant: 5th Circ.

The Fifth Circuit ruled Friday that a U.S. permanent resident convicted of possessing synthetic marijuana cannot be deported based on that crime because the drug had not yet been added to the federal controlled substances list when he committed the offense — even though it had been added by the time he was convicted.
October 19, 2018
Fed. Circ. Has Undercut Estoppel In Patent Suits, Justices Told

A poultry chiller maker has told the U.S. Supreme Court that the Federal Circuit’s decision to let a patent infringement suit against the company proceed will make it more difficult for companies to protect themselves under the estoppel doctrine after being misled about whether patent owners intend to enforce their rights.
October 19, 2018
O'Quinn Not Covered For Part Of $46M Overbill, 5th Circ. Says

The Fifth Circuit has ruled that an insurance company does not have a duty to pay for part of a $46 million settlement in a Texas firm's fee dispute after the firm deducted expenses from a breast implant class action settlement on top of its agreed-upon commission.
October 19, 2018
4th Circ. Wants Redo Of United's $30K Fee Award In Bias Suit

The Fourth Circuit refused Friday to revive a former United Air Lines captain’s suit alleging he was discriminated against because he is African-American, but ordered the trial court judge to better explain a $30,000 sanction she ordered his attorneys to pay the airline because of sloppy litigation work.
October 19, 2018
Emerson Electric Can't Shake $14.7M HVAC Injury Verdict

A Texas appeals court on Thursday affirmed a $14.7 million trial win by an HVAC technician who was seriously injured when an Emerson Electric compressor ignited him with a spray of scalding oil, ruling that the technician’s training did not negate the need for Emerson to issue adequate warnings.
October 19, 2018
CashCall Owes $200M For Loan Scheme, CFPB Tells 9th Circ.

The U.S. Consumer Financial Protection Bureau urged the Ninth Circuit on Friday to reverse a lower court order and force CashCall Inc. to cough up more than $200 million for bilking consumers on high-interest payday loans, saying the company escaped with just a $10 million fine because a federal judge wrongly decided the company didn't have to pay restitution.
October 19, 2018
Kavanaugh Gets 7th Circ. As High Court Shuffles Assignments

The U.S. Supreme Court on Friday issued an order handing over Justice Elena Kagan’s Seventh Circuit assignment, which she had held since 2010, to newly confirmed Justice Brett Kavanaugh.
October 19, 2018
Chevron's Risky Choices Sunk Retirement Plan, 9th Circ. Told

A putative class of beneficiaries of Chevron's employee retirement plan asked the Ninth Circuit on Friday to revive their claims the company breached its fiduciary duties when it made high-cost and poor-performing investments, saying they had plausibly alleged that Chevron's money management process was flawed.
October 19, 2018
Walmart Not Negligent In Aerosol Death, 5th Circ. Says

The Fifth Circuit won’t revive a mother’s suit accusing Walmart of negligence in her daughter’s inhalant death, finding that the retail giant’s employees had no obligation to stop the increasingly inebriated woman from buying 60 cans of aerosol dust remover in a 27-hour period.
October 19, 2018
Texas Justices To Hear IBM's $17.5M Software Contract Row

The Texas Supreme Court on Friday granted review to IBM Corp. in its bid to overturn a $17.5 million jury award in favor of Lufkin Industries LLC stemming from a software contract.
October 19, 2018
Mich. Hospital, Doc Must Face Unnecessary-Surgery Suit

A Michigan appeals court has ruled a hospital and doctor must face a suit alleging a patient's skin cancer misdiagnosis led to an unnecessary lymph node removal, determining that an opinion submitted by the patient’s medical expert was not speculative.
October 19, 2018
High Court Urged Not To Review 9th Circ. Preemption Ruling

The California homeowner behind a proposed class action over Bank of America's alleged violation of a California state mortgage escrow interest law has urged the U.S. Supreme Court not to review a Ninth Circuit decision that held the state law isn’t preempted by the National Bank Act.
October 19, 2018
Texas Justices Won't Revive Romo's Fantasy Expo NFL Suit

The Texas Supreme Court on Friday declined to review a suit alleging the National Football League torpedoed a fantasy football convention associated with former Dallas Cowboys quarterback Tony Romo.
October 19, 2018
Texas Justices Decline To Hear Apache Royalties Dispute

The Texas Supreme Court on Friday declined Devon Energy Production Co.’s request to review a lower court decision that said the company is solely liable to pay royalties on oil and gas produced from wells drilled by Apache Corp.
October 19, 2018
Cos. Urge High Court To Review Toxic Tort Class Action

Four companies have asked the Supreme Court to review the Sixth Circuit’s decision to approve the certification of certain issues for classwide treatment in a group of Dayton, Ohio, residents’ lawsuit accusing the companies of groundwater pollution.
October 19, 2018
Pfizer Escapes Aussie Antitrust Watchdog's Lipitor Case

Australia’s High Court has rejected the nation’s competition watchdog’s efforts to revive an antitrust case accusing Pfizer of abusing its market power to maintain control of the Australian generic market for its blockbuster cholesterol drug Lipitor, the enforcer said Friday.
October 19, 2018
Ex-Uber Drivers Ask 9th Circ. To Revive 2014 Data Hack Suit

Two former Uber drivers have asked the Ninth Circuit to revive their amended proposed class action alleging that the ride-hailing company lied about a 2014 data breach that compromised their personal information, insisting they have shown an immediate, credible risk of fraud or identity theft from the hack.
October 19, 2018
Atty Urges Justices To Hear Suit Over Defamatory Yelp Review

A personal injury lawyer and her firm have urged the U.S. Supreme Court to review the California Supreme Court's split ruling that reverses an order requiring Yelp Inc. to take down defamatory reviews that a former client posted on the customer review site.

Editor's Picks

Judge Kavanaugh’s Path

As the D.C. Circuit judge makes his bid for a seat on the U.S. Supreme Court, here’s our look at the politics and predictions surrounding the nomination along with what a Justice Brett Kavanaugh could mean for your practice.
Supreme Court Review

The latest term ended with a bang with Justice Anthony Kennedy's retirement, but the cases themselves packed a punch this term. With the Supreme Court back at full strength, the docket was loaded with issues that divided the nine justices. Here, Law360 takes a look at the oddest voting lineups, the juiciest dissents and the best oral argument moments from a contentious session.
Law360’s Guide To Trump’s Judicial Picks

With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.

Expert Analysis

Need Litigation Finance? Don't Skip These 5 Steps

The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.
9th Circ. Decision Poses Employer Tip Credit Challenges

The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s may significantly impair the ability of companies in the hospitality industry to pay a reduced wage to tipped employees. As a result, employers will need to be cautious when applying a tip credit toward minimum wages, says Margaret Grover of Wendel Rosen Black & Dean LLP.
A New Framework For 'Blocking Patents' And Obviousness?

Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.
Inside NonBelief Relief's Challenge To A Tax Filing Exemption

Last week, nonprofit NonBelief Relief filed a lawsuit in a D.C. federal court challenging the IRS' mandatory exception from filing annual information returns given to churches — but not to other nonprofits — on the grounds that it violates the First Amendment's establishment clause. Professor Samuel Brunson of Loyola University Chicago School of Law takes a first look at the case.
Assignment Of Benefits Faces A New Hurdle In Florida

A Florida state appeals court's decision last month in Restoration 1 v. Ark Royal weakens assignment-of-benefit claims, holding that an insurer may require all insureds and mortgagees to provide written consent prior to executing an assignment-of-benefits agreement, says Margo Meta of Ball Janik LLP.
Issues High Court Will Explore In Copyright Registration Case

Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.
Class Arbitration Goes To The Supreme Court

A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.
6th Circ. Creates Deep Divide Over Reach Of CWA

Despite the Clean Water Act's long history, recent decisions from the federal appellate courts — including two opinions from the Sixth Circuit last month — have raised new questions about several issues that once seemed settled, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.
To What Extent Can CMS Informally Issue Interpretive Rules?

The U.S. Supreme Court recently agreed to review the D.C. Circuit's decision in Allina Health Services v. Azar, which has the potential to resolve the issue of whether or not the Medicare Act requires notice-and-comment rule-making in more situations than are required by the Administrative Procedure Act, says Robert Wanerman of Epstein Becker Green.
9 FAQs About De Minimis Doctrine After Troester V. Starbucks

In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.

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