Appellate

  • August 07, 2024

    Judge's Pharma Comments Could Decide Ineligibility Appeal

    A Federal Circuit panel on Wednesday was willing to explore Astellas Pharma's argument that a Nebraska federal judge should be taken off its infringement case over the bladder medication Myrbetriq, given statements that showed a potential bias against the pharmaceutical industry, but also made clear that such reassignments are rare and difficult.

  • August 07, 2024

    NC Court Tosses Resort's Appeal Over Tree-Cutting Loss

    The North Carolina Court of Appeals threw out a resort owner's appeal arguing that Dominion Energy North Carolina cannot remove trees on its property, holding instead that the resort owner abandoned its arguments when it failed to analyze the trial court's final judgment on appeal. 

  • August 07, 2024

    6th Circ. Backs 20 Years For Chinese Spy Who Targeted GE

    The Sixth Circuit upheld a 20-year prison sentence for a Chinese spy convicted of espionage for trying to steal trade secrets from General Electric's GE Aviation unit, noting in an opinion unsealed Wednesday the punishment was reasonable as he continuously pursued the confidential information using sophisticated tradecraft processes for several years.

  • August 07, 2024

    Robot Vacuum Cleaner Patent Ruling Remains Undisturbed

    Federal Circuit judges proved unpersuaded on Wednesday to do anything to touch an administrative board ruling that wiped out most, but not all, of the claims in a patent that allegedly covered a new feature in the Roomba brand of robotic vacuum cleaners.

  • August 07, 2024

    Split Fed. Circ. OK's Penalty Rates For Taiwanese Nail Cos.

    A divided Federal Circuit on Wednesday backed the U.S. Department of Commerce's decision to base Taiwanese nail companies' antidumping duties on penalty rates assigned to businesses that refused to cooperate with investigators, saying the practice was the default method.

  • August 07, 2024

    Shuttered Firm Partner Pulls $9.5M Fee Fight Out Of Arbitration

    An Illinois appeals court has reversed the transfer to partial arbitration of a suit accusing a personal injury firm name partner of defrauding the other name partner by collecting $9.5 million in fees shortly before the firm's dissolution, saying the firm's operating agreement with an arbitration clause was superseded by the dissolution agreement.

  • August 07, 2024

    Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit

    Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.

  • August 07, 2024

    Teva Finds Some Big-Pharma Friends In Inhaler Patent Fight

    Two large pharmaceutical companies have weighed in to ask the Federal Circuit to overturn a ruling that found that Teva's branded drugmaking operation misused a key federal patent database in order to block the release of competing generic asthma inhalers.

  • August 07, 2024

    Pipe Co. Exec Says Criminal Antitrust Charges Unconstitutional

    A former executive of an aluminum pipe company defending the Fourth Circuit's reversal of his bid-rigging conviction has told the U.S. Supreme Court to rule that all criminal antitrust prosecutions under Section 1 of the Sherman Act are unconstitutional, claiming they violate "fundamental constitutional principles" of nondelegation and objectivity.

  • August 07, 2024

    Highland, Co-Founder Battle Over $70M Debt In 5th Circ.

    Venture capital firm Highland Capital and a company owned by Highland co-founder James Dondero squared off before a Fifth Circuit panel on Tuesday, debating whether a jury was needed to weigh defenses against claims that he and his companies owe the VC firm more than $70 million.

  • August 07, 2024

    6th Circ. Voids Man's Death Penalty Over 'Judicial Malfunction'

    The Sixth Circuit on Wednesday granted a capital defendant's habeas petition based on a trial court's decision to recruit the prosecutor to ghostwrite a "corrupt opinion" issuing the death penalty and refusing to allow the defendant to proffer relevant mitigating evidence at his re-sentencing, in violation of his constitutional rights.

  • August 07, 2024

    Fed. Circ. Scrutinizes Role Of A Patent's Admissions In IPRs

    A Federal Circuit panel on Wednesday grappled with when statements in a patent admitting that certain technology was well-known can improperly form the basis of an inter partes review validity challenge, taking up a long-running dispute between Apple and Qualcomm.

  • August 07, 2024

    9th Circ. Says Age-Out Suit Not Permissible Before Removal

    Indian families waiting for green cards have lost their challenge to a policy that puts their children at risk of aging out of permanent residency, with the Ninth Circuit ruling they can only bring their case after obtaining a deportation order.

  • August 07, 2024

    Fed. Circ. Won't Rethink Amazon Patent Program Suit Revival

    The Federal Circuit issued an order Wednesday declining to hold a panel rehearing or a full court rehearing on its May decision to revive an electric outlet cover maker's declaratory judgment action over alleged infringement through Amazon's patent evaluation program.

  • August 07, 2024

    Okla. Wants Justices To Step Into Title X Funding Cut Fight

    Oklahoma has filed an emergency application with the U.S. Supreme Court to stop the U.S. Department of Health and Human Services from withholding millions of dollars of Title X funding from the state because of its refusal to refer family planning patients for abortions.

  • August 07, 2024

    Texas Flags Judge's Comments In Barrier Fight To 5th Circ.

    The state of Texas has raised concern to the Fifth Circuit about comments attributed to U.S. District Judge David A. Ezra that question whether the appeals court's recent opinion vacating his preliminary injunction requiring the state to relocate its 1,000-foot antimigrant buoy barrier in the Rio Grande is precedential.

  • August 07, 2024

    DC Circ. Declines To Block EPA Mercury Air Toxics Rule

    The D.C. Circuit on Tuesday refused to stay the U.S. Environmental Protection Agency's new rule tightening mercury and other toxic metal emission standards for some coal-fired power plants as a legal challenge filed by states and industry groups plays out.

  • August 07, 2024

    High Court Urged To Put Hold On NY Broadband Price Cap

    A half-dozen trade groups asked the U.S. Supreme Court to block New York officials from enforcing a state law that sets a maximum price for consumer broadband, reigniting a federal appeals court fight over the limits of rate regulation.

  • August 07, 2024

    11th Circ. Affirms Unapportioned Wood-Theft Settlement

    The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.

  • August 07, 2024

    Weak Link Doomed $690M Whistleblower Claim, DC Circ. Says

    A whistleblower could not get up to $690 million, or 30% of the $2.3 billion collected in an Internal Revenue Service offshore voluntary disclosure program, because the connection between his actions and the program was weak, the D.C. Circuit said Wednesday.

  • August 07, 2024

    2nd Circ. Affirms Yale's Win In COVID-19 Tuition Refunds Fight

    The Second Circuit on Wednesday affirmed Yale University's win in a student's proposed class action challenging the university's refusal to issue tuition refunds after switching to virtual classes during the COVID-19 pandemic, finding the student's implied contract with Yale gave the university discretion to respond to such "force majeure" public-health events.

  • August 07, 2024

    Gun Cos. Exit Mexico's Suit As Judge Cites 'Thin' Mass. Ties

    A Massachusetts federal judge on Wednesday dismissed six U.S. gun companies from a suit over Mexican cartel violence after finding the alleged conduct has virtually no ties to the Bay State.

  • August 07, 2024

    Insurer Can't Dodge $13.4M Conn. Death Verdict, Estate Says

    A mother who won a $13.4 million judgment after her son died in a Connecticut group home says its insurer, Hanover Insurance Co., is trying to use "misplaced" arguments to escape her bid to collect a portion of the judgment, urging a judge not to dismiss her compensation request.

  • August 07, 2024

    5th Circ. Grapples With 'Ridiculous' $100M Arbitration

    A Fifth Circuit panel struggled to make sense out of a "ridiculous" arbitration proceeding that produced four contradictory arbitration awards in a legal malpractice dispute, one awarding $100 million, pressing both sides during oral arguments Wednesday to give answers about how the "spectacle" unfolded.

  • August 07, 2024

    7th Circ. Says Atty Inadequacy ID'ed Too Late In Asylum Case

    The Seventh Circuit on Tuesday refused to reopen a Mexican family's asylum proceedings despite finding that the family's attorney cost them their case by arriving unprepared at their immigration hearing, saying the family should have flagged the lawyer's ineffectiveness earlier.

Expert Analysis

  • 6 PTAB Events To Know From The Last 6 Months

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    The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.

  • Key Takeaways From High Court's Substitute Expert Decision

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    The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan

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    The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.

  • Calif. Long-Tail Ruling Continues Policyholder-Friendly Trend

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    The California Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Cement & Gypsum, rejecting horizontal policy exhaustion, was the latest in a string of its decisions involving insurance coverage for continuous or progressive injury claims that favor policyholders, say Billie Mandelbaum and David Goodwin at Covington.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Perspectives

    High Court Ruling Leaves Chance For Civil Forfeiture Reform

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    Though advocates for civil forfeiture reform did not prevail in Culley v. Marshall last month, concerns voiced by a majority of the U.S. Supreme Court justices potentially leave the door open to consider stricter limits in future cases, say attorneys at Dykema.

  • 4 Important Events In Bank Regulation: A Midyear Review

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    The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

  • Perspectives

    NY Chief Judge Spotlights Need To Strengthen Public Defense

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    In a recent concurrence in People v. Watkins, New York Chief Judge Rowan Wilson called attention to the necessity for greater investment in public defense services, highlighting not only the urgency of current crises, but the need to embrace a more ambitious vision of equal right to counsel, says Corey Stoughton at Selendy Gay.

  • The Fed. Circ. In May: A Major Shift In Design Patent Law

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    The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Justices' Removal Ruling Presents Hurdles, But Offers Clarity

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    The U.S. Supreme Court’s recent decision in Campos-Chaves v. Garland and two other consolidated cases endorses a multistep notice practice that could impair noncitizens' access to adequate judicial notice, but its resolution of a longstanding circuit split also provides much-needed clarity, says Devin Connolly at Reeves Immigration Law Group.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Justices' 'Blind Mule' Ruling Won't Change Defense Strategy

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    The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.

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