The Federal Circuit on Friday refused to overturn a lower court’s ruling that found Google, Yahoo, HSBC and a laundry list of more than 50 companies did not infringe on fax-to-internet patents with email-based messaging systems and ordered the patent owners to pay attorneys’ fees to the companies for their “lack of candor and transparency” in the proceedings.
After reports surfaced claiming Ninth Circuit Judge Alex Kozinski had showed female clerks pornography and engaged in other misconduct, the high-profile jurist told Law360 on Friday it was “regrettable” if he had offended any of his staffers.
The Fourth Circuit on Friday heard oral arguments in an appeal over President Donald Trump’s latest travel ban, with some of the judges highlighting the president's recent tweets, capping off a week of appellate developments over the entry restrictions.
The U.S. Department of Justice told the U.S. Supreme Court on Thursday that it should vacate and remand the Second Circuit’s ruling that the use of increased fees to fund rewards for cardholders justifies American Express' anti-steering provisions imposed on merchants, claiming the ruling overlooked the central concern of antitrust laws: the preservation of competitive prices.
The Ninth Circuit affirmed on Thursday a Board of Immigration Appeals’ decision tossing a Mexican native’s pleading that he qualified for protection from removal proceedings because he is part of a social group of those perceived to have money, saying the group was “too amorphous to be particular.”
Congress, not the U.S. Supreme Court, is the body that should appropriately decide whether states may require remote sellers to collect and remit use tax, the online companies in litigation over the issue told the nation’s highest court in a brief filed Thursday.
Three interested parties each submitted an amicus brief Thursday in South Dakota v. Wayfair, urging the U.S. Supreme Court to reject South Dakota’s petition for certiorari, arguing, among other things, there would be an undue burden on businesses and violations of due process and the commerce clause should the court abrogate its physical presence nexus rule.
The U.S. Supreme Court on Friday granted certiorari to fertilizer manufacturer China Agritech Inc. in an appeal that will determine whether the American Pipe decision allows new named plaintiffs to borrow statute of limitations tolling from prior failed suits in which they were unnamed class members.
The D.C. Circuit on Friday remanded back to district court an order that the U.S. Department of the Treasury must turn over evidence related to decisions it made in General Motors’ 2009 bankruptcy for a related pension plan dispute, saying the lower court had not explained why a privilege claim by the White House should be disregarded.
The Federal Circuit on Friday reversed the U.S. Patent and Trademark Office’s rejection of several claims included in a patent application for an arithmetic processor after the agency acknowledged that it had made an error when it rejected them as indefinite.
The full Federal Circuit on Friday declined to rehear a decision tossing a $2 million patent infringement verdict for NobelBiz Inc., although three judges filed a strong dissent saying the court should address “growing confusion” about when judges must construe patent claims.
The Federal Circuit found on Friday that a district court got it right when it ordered Priceline founder's patent holding company to pay Bed Bath & Beyond $932,000 in attorneys’ fees for pursuing a meritless patent infringement suit against the retailer, saying the company should have known its arguments were weak.
A group of Hearst Corp. interns can’t revive their proposed class action seeking minimum wages because they don’t qualify as employees under the Fair Labor Standards Act, the Second Circuit ruled Friday.
The Sierra Club on Thursday asked the Fourth Circuit to uphold a lower court’s finding that a Dominion Energy Inc. unit violated the Clean Water Act by discharging arsenic from coal ash lagoons into groundwater, but also asked the appeals court to find the company liable for other CWA violations.
A veteran who had his lower leg amputated due to fractures and an infection following dialysis treatment at a VA hospital has told the Fourth Circuit that a lower court was wrong to toss his suit, arguing that a West Virginia tolling statute should have delayed the statute of limitations.
The Ninth Circuit on Friday refused to revive a suit from two Major League Baseball fans demanding extended safety nets at ballparks, finding their standing argument fell short because they weren’t likely to be injured by foul balls or thrown bats in the future.
The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.
A Ninth Circuit panel on Friday pressed an Egyptian composer's nephew who claims the Jay-Z song "Big Pimpin'" illegally sampled a 1957 ballad by his late uncle to explain why foreign copyright ownership gives him the right to economic damages in the United States.
A New York appeas court upheld a lower court decision Thursday that semi-nude dancing at the Hustler Club in Manhattan was not the type of performance that would exempt it from $2.1 million of sales tax.
A former Dart Container Corp. employee asked the California Supreme Court on Thursday to overturn a decision that quashed his overtime case against the foam cup maker, claiming Dart's win conflicted with years of precedent holding that the Golden State has its own method of calculating overtime on flat-rate bonuses that's distinct from federal law.
A Texas appellate court refused Thursday to award prejudgment interest to a trust that successfully sued for oil and gas royalties, ruling that the natural gas company was protected by a "safe harbor" provision in the Texas Natural Resources Code allowing it to suspend payments when rights are in dispute.
The Supreme Court of Texas on Friday declined to take up Owens Corning’s challenge to a Texas appellate court ruling that found the manufacturer could not deduct from its businesses taxes a $2.2 billion payment made as part of an asbestos product liability settlement.
The Texas Supreme Court on Friday agreed to hear oral arguments in a case where Oncor Electric Delivery Co. LLC argues that a trial court judgment siding with Chaparral Energy LLC in a contract dispute over electric service to oil wells should be tossed because the Public Utility Commission of Texas is the only entity allowed to hear the dispute.
The Texas Supreme Court on Friday agreed to hear a case in which Obstetrical and Gynecological Associates and one of its doctors argue that there was legally insufficient evidence to support a $9.6 million jury award in favor of the husband of a woman who alleges the substandard care she received resulted in a brain injury.
A Texas appellate court on Friday reversed and remanded a medical malpractice suit over a man who died following surgery from a lack of oxygen to his brain, determining that the trial judge should have allowed his family time to amend their expert reports.
The Florida Supreme Court on Thursday paused lower court proceedings in a suit seeking to get a judge disqualified for being Facebook friends with opposing counsel, indicating the court might take up the case.
Hoffmann-La Roche Ltd. has convinced the New Jersey Supreme Court to review two state appellate decisions related to the company's acne medication Accutane, with the justices agreeing to consider rulings over the adequacy of the drug's label and the admissibility of expert testimony.
A Missouri bankruptcy judge won’t hold off on his order forcing two California counties and a city to drop post-bankruptcy Peabody Energy from their case against a group of oil, gas and coal companies alleging they are responsible for billions in climate change-related damages.
The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.
2017 has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the courts of appeals have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is currently considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
U.S. legal services jobs climbed by 600 jobs in November, marking four consecutive months of job growth and the second-highest total for the sector so far in 2017, the Bureau of Labor Statistics said Friday in its latest jobs report.
On the latest episode of Law360's Pro Say podcast, the team discusses Justice Kennedy's swing vote in a case pitting religious freedom and free speech against gay rights, a bizarre trial over a scheme to skirt sanctions on Iran, and Katy Perry's win in a suit over her purchase of a convent.
Legislators introduced a bill to prevent businesses from enforcing mandatory arbitration agreements in instances where employees allege workplace sexual harassment, and a credit union sued President Donald Trump to block Mick Mulvaney from leading the Consumer Financial Protection Bureau. These are some of the top stories in corporate legal news you may have missed this past week.
For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.