Appellate

  • February 22, 2024

    10th Circ. Won't Enforce $2.3M Award In Shipping Feud

    The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.

  • February 22, 2024

    Feds Back Fed. Circ. Deference To Trump Solar Duty Change

    The Biden administration urged the full Federal Circuit not to rehear energy companies' challenge to modified safeguard duties on solar goods, disagreeing with the importers' contention that a panel gave former President Donald Trump too much deference when allowing the safeguards.

  • February 22, 2024

    9th Circ. Urged To Rethink Hiscox Win Due To Hidden Ruling

    A design and marketing company urged the Ninth Circuit on Thursday to review its decision that an insurer didn't have to cover an $850,000 arbitration award to a former CEO over alleged fraud, arguing that the insurer hid the underlying action's judgment that rejected the proposed fraud language.

  • February 22, 2024

    Justices Urged To Affirm Limits On Mifepristone Access

    The Alliance for Hippocratic Medicine filed a brief in its U.S. Supreme Court case over the abortion medication mifepristone on Thursday, saying the U.S. Food and Drug Administration unlawfully rolled back various safeguards for accessing the pill, such as an in-person doctor's visit requirement.

  • February 22, 2024

    5th Circ. Affirms Medicare Kickback Convictions

    The Fifth Circuit upheld two Texas group-home owners' convictions and sentences for their role in a Medicare kickback scheme, rejecting their argument that a trial court judge wrongly admitted audio recordings at trial and incorrectly calculated the scheme's returns.

  • February 22, 2024

    R. Kelly Fights Chicago Child Porn Conviction At 7th Circ.

    R. Kelly's bid to unwind his conviction and 20-year sentence on child pornography and inducement charges received skepticism Thursday from one Seventh Circuit judge, who at one point warned the artist could be "worse off" by winning his appeal.

  • February 22, 2024

    Miami Atty Hits Fla. Bar, Newspaper With $5B Libel Action

    A Miami lawyer has targeted the Florida Bar and a newspaper with a defamation suit seeking $5 billion in damages, alleging that an article published about the events surrounding a previous legal action he filed against a doctor caused him "irreparable reputational damage both as a common citizen and as [an] attorney."

  • February 22, 2024

    Fed. Circ. Backs Philips' PTAB Win Over Intel In Digital Video Row

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision not to invalidate a Koninklijke Philips digital video patent that was challenged by Intel.

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    9th Circ. OKs NLRB's Dues Stance, But Judge Decries Shifts

    A Ninth Circuit panel handed the National Labor Relations Board a pair of victories in a dispute over union dues, holding that valid dues authorization forms can be worded in a variety of ways and that employers can't suddenly stop deducting dues when a union contract expires.

  • February 22, 2024

    $10M Crash Verdict Nixed Over Excluded Toxicology Expert

    A Texas appeals court on Thursday vacated a $10 million verdict against a truck driver in a wrongful death suit, saying the trial court wrongly excluded expert testimony about the other driver's blood alcohol content and how it could have contributed to the crash.

  • February 22, 2024

    11th Circ. Backs Mayo Clinic Win In Race, Sex Bias Case

    The Eleventh Circuit on Wednesday declined to reinstate a case brought against Mayo Clinic by a Black former clinical specialty representative who alleged she was treated differently than white employees throughout her employment and later fired as a result of her race and gender.

  • February 22, 2024

    Chamber, Biz Groups Fight Class Cert. In GM Defect Suit

    Automotive and product manufacturer associations on Wednesday sided with General Motors in seeking to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying allowing classes to include uninjured drivers would create billions of dollars in unnecessary litigation.

  • February 22, 2024

    $48M TM Award Over 'Dewberry' Name Appealed To Justices

    A provider of real estate development services has asked the U.S. Supreme Court to review a $48 million trademark infringement award upheld by the Fourth Circuit, arguing that it violates federal law by jointly putting its corporate affiliates on the hook for the amount.

  • February 22, 2024

    Va. Oil Terminal's Tax Value Upheld By Appeals Court

    A petroleum terminal was correctly valued by a local assessor at about $63 million for 2018 and $66 million for 2020, the Virginia Court of Appeals said, rejecting the owner's argument that the property's business prospects had plummeted, lowering its value.

  • February 22, 2024

    Roberts, Thomas Don't Use Marshals For Travel Security

    Newly released U.S. Marshals Service reports show U.S. Supreme Court Chief Justice John Roberts and Justice Clarence Thomas have not used the agency's security services in recent years, a decision that a watchdog says shields their off-hours travels from public scrutiny.

  • February 22, 2024

    Wage Rules Don't Apply To Ursinus Bonds, Pa. Justices Say

    Bonds arranged by a government-created authority for the expansion of a private Pennsylvania college did not become "public funds" through the government's involvement — or subject the project to prevailing wage rules for publicly funded construction, the Keystone State's highest court ruled Wednesday.

  • February 22, 2024

    San Antonio Can Scare Off Park Birds For Now, 5th Circ. Says

    The Fifth Circuit said San Antonio, Texas, can move ahead with its bird deterrence program at a park where Native American church members claim the city is violating their religious rights by pursuing renovation plans that will harm a sacred area's spiritual ecology by removing trees and driving off nesting cormorants.

  • February 22, 2024

    AMC Fall Suit Earlier Tossed After 5-Year Deadline Is Revived

    A California appeals court has revived a woman's claims that she tripped and fell at an AMC Entertainment Inc. theater, finding the trial court didn't give her adequate notice of a motion to dismiss based on the state's five-year trial deadline.

  • February 22, 2024

    Narcoleptic Doc Unfit For Anesthesiology, 11th Circ. Holds

    The Eleventh Circuit on Wednesday upheld a win by the Board of Regents of the University System of Georgia in a discrimination lawsuit brought by a former anesthesiology resident, finding that the resident's narcolepsy diagnosis didn't change the fact that he "could not perform the essential functions of the job and posed a risk to patient safety."

  • February 22, 2024

    Full Supreme Court Won't Halt Boy Scouts' Ch. 11 Plan

    The full U.S. Supreme Court on Thursday shot down an appeal that had prompted Justice Samuel Alito to briefly halt the Boy Scouts of America's bankruptcy and had thrown its Chapter 11 plan into temporary disarray.

  • February 21, 2024

    Calif. Chamber Takes Privacy Regs Fight To State High Court

    The California Chamber of Commerce is pressing the state's Supreme Court to overturn a ruling that allows California's new data privacy agency to begin enforcing regulations it has finalized, arguing that there's "no way" state voters envisioned companies having less than a year to comply with the rules.  

  • February 21, 2024

    Justices To Weigh Stark Split In Views Of ATF Bump Stock Ban

    A firearms instructor who claims the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives doesn't have the authority to ban bump stocks may have a slight edge when the case is heard by the U.S. Supreme Court next week, attorneys told Law360.

  • February 21, 2024

    Fed. Circ. Told Sonos Ruling Treads On Patent Owners' Rights

    A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.

  • February 21, 2024

    Crypto Law Firm Invokes Coinbase Petition In SEC Challenge

    Crypto-focused law firm Hodl Law PLLC told the Ninth Circuit on Wednesday that its standing to sue the U.S. Securities and Exchange Commission over its crypto policy is undeniable now that the agency has decided not to take up a rulemaking petition from crypto exchange Coinbase.

Expert Analysis

  • More Than Drugs At Stake In High Court's 'Blind Mule' Case

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    The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

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    The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

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