Appellate

  • May 28, 2024

    VLSI Wants Fed. Circ. To Pause Before Pursuing PQA Appeal

    VLSI Technology LLC has asked the Federal Circuit to hold off on deciding whether the Patent Trial and Appeal Board improperly invalidated its chip patent in a high-profile dispute until after the court rules on a key prior art issue in unrelated litigation.

  • May 28, 2024

    Wash. Justices Doubt Atty's Response In Disbarment Case

    Washington State justices were skeptical Tuesday of an appeal from an attorney facing disbarment who asserts that he did nothing wrong in response to misconduct allegations including that he embezzled from investors in a failed venture to build a cannabis industrial park.

  • May 28, 2024

    Agribiz Pushes Ninth Circ. To Reverse Land Swap Decision

    A global agribusiness with operations in Idaho has again asked the Ninth Circuit to reverse a lower court's "misguided" holding under the National Environmental Policy Act that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer.

  • May 28, 2024

    Frontier, Ex-CEO Settle $21.8M Life Insurance Benefits Feud

    Frontier Communications and Leonard Tow, its former CEO and the top executive of a predecessor, have privately settled a feud surrounding tens of millions in split-dollar life insurance policies, with both sides asking a Connecticut state court judge to withdraw a $21.8 million prejudgment remedy order issued last month.

  • May 28, 2024

    2nd Circ. Ready For Project Veritas' Free Speech Claims

    The Second Circuit seemed eager on Tuesday to get to the merits of a Project Veritas self-proclaimed journalist's assertion that the First Amendment bans the government from reviewing his communications with sources and colleagues surrounding the diary of Joe Biden's daughter Ashley Biden.

  • May 28, 2024

    Singer Tells Justices Jurors Should Hear His 'Rockstar' Song

    The frontman of a band called Snowblind is telling the U.S. Supreme Court that at least one appeals court judge seemingly decided for herself that his 2001 demo sounded nothing like the Nickelback hit record "Rockstar," something he thinks a jury should decide instead. 

  • May 28, 2024

    DC Circ. Revives Campaign Ad Fight At Mail Carriers Union

    The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.

  • May 28, 2024

    27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law

    Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.

  • May 28, 2024

    Colo. Justices To Mull Atty Advice Defense In Securities Cases

    The Colorado Supreme Court has agreed to consider whether the advice a defendant's business attorney gave him is relevant to his state of mind in a securities fraud case, according to an order Tuesday granting the state's petition for appeal.

  • May 28, 2024

    5th Circ. Flips Cancer-Drug Maker's Defeat In Hair Loss MDL

    The Fifth Circuit has vacated a summary judgment ruling in favor of four women who say two drugmakers failed to warn consumers that their chemotherapy drug could cause hair loss, saying it was impossible for the companies to simultaneously comply with federal and state failure-to-warn laws.

  • May 28, 2024

    Anesthesia Machine Failure Not Med Mal Claim, Panel Rules

    An Indiana state appeals court on Tuesday reinstated a wrongful death suit against a hospital over a patient who allegedly died as a result of an anesthesia machine malfunction, saying it was wrongly deemed a medical malpractice case subject to the state's Medical Malpractice Act.

  • May 28, 2024

    HIV Drug Buyers Fight Bid To Combine 9th Circ. Appeal Briefs

    Drug buyers that allege Gilead Sciences Inc. and Teva Pharmaceuticals delayed generic versions of HIV medications told the Ninth Circuit it would be unfair to grant the companies' call for a single brief addressing the 17 appeals filed after a jury rejected the claims last year.

  • May 28, 2024

    Texas Judge Sends Suit Over CFPB Late Fee Rule Back To DC

    A Texas federal judge Tuesday ordered another cross-country trip for a banking industry lawsuit that challenges the Consumer Financial Protection Bureau's $8 credit card late fee rule, sending the case back to Washington, D.C., shortly after regaining control over it.

  • May 28, 2024

    Tribe Says Enbridge's Trespass Concern Wasted Court's Time

    A Wisconsin tribe has told the Seventh Circuit that Enbridge Energy wasted the court's time raising concerns that an old tribal trespass ordinance could cost the company millions in fines, saying it has nothing to do with the tribe's attempts to stop the Line 5 pipeline.

  • May 28, 2024

    Fed. Circ. Won't Revive 'Checking Financial History' Patents

    The Federal Circuit ruled Tuesday that a judge in Georgia made the right call in deciding that a prolific patent lawyer should have never been issued a handful of patents covering "the idea of checking financial history before completing a transaction."

  • May 28, 2024

    High Court Passes On Collection Firm's CFPB Funding Fight

    The U.S. Supreme Court said Tuesday that it won't take up a now-shuttered debt collection law firm's fight against an investigative demand by the Consumer Financial Protection Bureau, turning down a case that covered the same constitutional ground as one that the justices recently decided in the agency's favor.

  • May 28, 2024

    DC Circ. Won't Pause New TSA Airport Screening Mandate

    The D.C. Circuit declined to pause a new requirement Tuesday that airports enhance random screenings of workers with access to secure terminals and facilities, as the court considers a consolidated legal challenge alleging the Transportation Security Administration is improperly shifting its federal obligations to local airport operators.

  • May 28, 2024

    Guinness Brewer Beats Appeal In Whiskey Bottle TM Dispute

    The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo's trademark rights for its own whiskey brand.

  • May 28, 2024

    Conn. Judge Asks If 'Sham' Exception Saves Stadium Fight

    A Connecticut appellate judge asked Tuesday if a "sham" exception to limits on government contracting lawsuits can restore claims that the city of Hartford ran a fake bidding process for the redevelopment of Dillon Stadium, but counsel for several defendants pushed back and said it would not apply to the facts of the case.

  • May 28, 2024

    Biz Groups Back BofA In Merger Interest Tax Fight At 4th Circ.

    Business groups told the Fourth Circuit on Tuesday that they supported Bank of America in its fight against a North Carolina federal court ruling that found the bank wasn't entitled to net the interest on the tax liabilities of Merrill Lynch after the two companies merged.

  • May 28, 2024

    Apple Denied Appeal Of Cert. In App Store Monopoly Suit

    The Ninth Circuit on Friday rejected Apple's interlocutory appeal of an order certifying a class of millions of App Store users who allege antitrust violations, paving the way for discovery to proceed as the case heads toward a trial currently set for February 2026.

  • May 28, 2024

    FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told

    The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.

  • May 28, 2024

    Beauty School Deserved Review Of License Loss, Panel Says

    A Massachusetts esthetics and massage trade school that shut down earlier this year was entitled to a hearing before the state's Division of Occupational Licensure pulled its license over concerns about its financial stability, an intermediate level state appeals court found on Tuesday, reinstating several claims by Elizabeth Grady Face First against state regulators.

  • May 28, 2024

    Int'l Judge Pushes Back Against Russia Amicus Allegations

    Prominent arbitrator and international Judge Charles Brower is pushing back against claims from the Kremlin that conflicts of interest should bar his amicus brief to the D.C. Circuit in support of Yukos Oil Co. shareholders' $50 billion arbitration enforcement.

  • May 28, 2024

    Del. Justices Say Interest Includes Prejudgment Interest

    Delaware's top court ruled Tuesday that accrued interest on judgments must include prejudgment interest, in a ruling on a $36 million Delaware Superior Court jury verdict in February 2023 favoring institutional broker-adviser LCT Capital in a merger services dispute with NGL Energy Partners.

Expert Analysis

  • 3rd Circ.'s Geico Ruling May Encourage Healthcare Arbitration

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    The Third Circuit's recent decision in Geico v. Mount Prospect, finding that claims under New Jersey's Insurance Fraud Prevention Act can be arbitrated, strengthens arbitration as a viable alternative to litigation, even though it is not necessarily always a more favorable forum, say Khaled Klele and Jessica Osterlof at McCarter & English.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • What 11th Circ. FCRA Ruling Means For Credit Furnishers

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    Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.

  • High Court Injunction Case Could Shake Up Fee-Shifting Rules

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    In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • CFPB Poised To Up The Ante After Supreme Court Victory

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    When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • How CFPB Credit Card Rules Slot Into Broader Considerations

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    Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.

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