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Appellate
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November 06, 2024
GOP Will Get A Crack At The Judiciary, But First, Lame Duck
With a little more than two months left in the Biden administration following Republicans' capture of the White House and Senate on Tuesday, a spokesperson for Senate Judiciary Committee Chairman Dick Durbin, D-Ill., said Durbin intends to confirm "every possible nominee" before time runs out on this Congress.
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November 06, 2024
Contractor Seeks Redo In Guatemala Power Plant Award Fight
A contractor on an ill-fated Guatemalan power plant construction project urged the Eleventh Circuit on Wednesday to reconsider its decision refusing to vacate an arbitral award favoring the plant's owner, saying the panel failed to properly consider "clear evidence" of corruption tarnishing the underlying contract.
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November 06, 2024
Fed. Circ. Panel Skeptical Of GeoComply Anti-Spoofing Patent
Judges on the Federal Circuit appeared unlikely to reverse a district court's dismissal of GeoComply's patent infringement suit against its geolocation competitor XPoint Wednesday, repeatedly telling GeoComply's attorney that its anti-location spoofing patent seemed to be largely built around conventional programming.
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November 06, 2024
Insurers Urge Del. Justices To Reverse Drug Co. Policy Ruling
Attorneys for three insurers battling Alexion Pharmaceuticals Inc. over potential director and officer insurance payouts in a securities action launched before Alexion received a separate federal regulator penalty told Delaware's Supreme Court on Wednesday that a lower court decision wrongly sided with the company on coverage worth an additional $20 million.
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November 06, 2024
5th Circ. Backs Gas Co. In Ex-Worker's Severance Pay Suit
The Fifth Circuit declined Wednesday to revive an oil and gas company worker's suit claiming he should have received severance after he resigned when his job duties changed following an acquisition, ruling that a plan committee backed up its finding that the job switch didn't qualify for exit pay.
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November 06, 2024
Fed. Circ. Upholds PTAB's Ax Of Centripetal Cybersecurity IP
The Federal Circuit declined Wednesday to revive a Centripetal Networks LLC patent covering computer network protection, backing a Patent Trial and Appeal Board decision that handed a win to challenger Palo Alto Networks Inc.
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November 06, 2024
Mass. Tobacco Law's Penalty Provision Hits State's Top Court
Massachusetts' highest court on Wednesday attempted to reconcile a state law mandating a $1,000 fine for selling flavored tobacco products with a separate statute requiring local officials to file a criminal complaint if they seek to enforce penalties of that amount.
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November 06, 2024
Insurer Must Fully Cover $1.17M Crash Award, Fla. Panel Says
A Florida state appeals court upheld a directed verdict finding an auto insurer acted in bad faith while attempting to settle a woman's injury claims over a drunken driving crash, affirming Wednesday that the company must fully cover her $1.17 million compensatory damages award, less a prior $25,000 payment.
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November 06, 2024
City Can't Appeal Ex-Worker's PTSD Case, Conn. Justices Told
The city of Stamford, Connecticut, cannot appeal a hearing referee's decision allowing a military veteran to tack a post-traumatic stress syndrome accommodation claim onto a workplace disability discrimination case because it was not a final order, the Connecticut Commission on Human Rights and Opportunities told the state's highest court on Wednesday.
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November 06, 2024
Business Groups Urge Calif. Justices To Nix HIV Drug Ruling
Business groups led by the U.S. Chamber of Commerce are asking the California Supreme Court to throw out a suit alleging Gilead Sciences Inc. deprived customers of a safer form of its HIV drug for profits, saying the current ruling creates an untenable duty and liability even when there's no harmful defect in a product.
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November 06, 2024
NC Agencies Say Forest Service Workers' OT Is Straight Time
A North Carolina trial court correctly held that the overtime rate under state law for North Carolina Forest Service professional employees is a straight-time rate, two state agencies told the state's appeals court, arguing that a higher rate is not warranted.
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November 06, 2024
Ga. Justices Signal Newly Chartered City Likely To Survive
The Supreme Court of Georgia appeared unlikely Wednesday to declare a newly created metro Atlanta city illegitimate, casting doubt on the notion that the simultaneous creation of a special tax district alongside the city violated the state's constitution.
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November 06, 2024
9th Circ. Revives Retaliation Suit By Ex-Santa Clara Deputy DA
The Ninth Circuit partially revived a lawsuit by a former Santa Clara County, California, deputy district attorney who alleged First Amendment retaliation when he was unlawfully transferred after publishing an op-ed that disagreed with the views of his boss, the district attorney.
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November 06, 2024
Lawyer's Suit Against Ex-Partner Can Proceed, NJ Panel Says
A New Jersey state appeals court ruled Wednesday that a lawyer who is suing a former law partner may continue pursuing the case in open court, because a contract signed years earlier between the lawyers doesn't require a private arbitration.
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November 06, 2024
RV Co. Execs Denied Quick Appeal After DOL Bench Trial Win
An Arizona federal judge refused to greenlight an immediate appeal of a ruling that a group of recreational vehicle company executives improperly allowed the business to broker an inflated $105 million employee stock ownership sale, knocking down concerns that U.S. Department of Labor guidance improperly drove the outcome.
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November 06, 2024
Fla. Judge Invokes Free Speech Protection In Ethics Case
A Florida state judge facing ethics charges over previous campaign statements has again claimed that authorities should be blocked from presenting evidence or argument that her "philosophical beliefs" and comments violate judicial ethics guidelines, saying they are protected by the First Amendment.
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November 06, 2024
Mass. Justices Dubious Of Karen Read's Double Jeopardy Bid
Massachusetts' highest appellate court on Wednesday appeared skeptical that Karen Read, the woman accused in a high-profile case of striking and killing her boyfriend with her SUV, should be cleared on two counts after jurors came forward following a mistrial to say they had voted to acquit.
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November 06, 2024
Ga. Judge Cops To 9 Ethics Charges Over Case Delays
A Georgia judge facing ethics charges for delaying a series of cases, the most severe of which has sat open for more than seven years, has admitted to nine of the 10 counts lodged against him but denied that his actions were prejudicial to the administration of justice.
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November 06, 2024
Minn. Justices Spare Drug Wholesaler From Tax On Rebates
A Minnesota drug wholesaler does not owe tax on money it rebated to customers under contractual agreements, the state Supreme Court ruled Wednesday, upholding a tax court ruling.
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November 05, 2024
How The Patent System May Look After Trump's Return
The U.S. Patent and Trademark Office during Donald Trump's first term as president focused on making the invalidation of patents more difficult, and attorneys say his second administration is likely to do the same following his projected reelection.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
Expert Analysis
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Opinion
Failure To Use Apportionment Has Distorted Patent Damages
Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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A Look At Recent Case Law On Expedited Judgment In NY
A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.
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Opinion
Supreme Court Must Halt For-Profit Climate Tort Proliferation
If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Allergan Ruling Reinforces Value Of Patent Term Adjustments
The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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What's In The Cards For CFTC's Election Betting Case
A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.