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Appellate
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February 03, 2025
PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says
The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.
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February 03, 2025
11th Circ. Weighs Future Of SEC's Market Surveillance Tool
The Eleventh Circuit on Monday questioned whether brokerage firms were being unfairly burdened with the cost of building up a U.S. Securities and Exchange surveillance tool known as the consolidated audit trail while appearing unmoved by arguments that the surveillance tool should never have been built.
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February 03, 2025
Allergan Tells 4th Circ. Medicaid Pricing Suit Rightly Tossed
Allergan told the Fourth Circuit that a district court judge was right to dismiss a whistleblower's claims that its predecessor overcharged Medicaid by not aggregating discounts, saying the Medicaid Rebate Statute doesn't require it to do so.
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February 03, 2025
Texas Can Help Feds With Noncitizen Arrests, Judge Says
A Texas federal judge has modified an injunction blocking a controversial Texas immigration law to clarify that law enforcement in the Lone Star State can help federal agencies with initiatives to arrest and detain unauthorized immigrants.
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February 03, 2025
CFPB Small Biz Rules Outstrip Authority, 5th Circ. Hears
The Texas Bankers Association asked a Fifth Circuit panel on Monday to kill the Consumer Financial Protection Bureau's new small business minority data rule during oral arguments, while the panel questioned what to do with the case given the agency's leadership change.
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February 03, 2025
11th Circ. Bias Fight Could Set Bar For Trans Benefits Suits
The full Eleventh Circuit will hear arguments Tuesday from a Georgia county looking to overturn a trial court's ruling that found its health plan's denial of gender-affirming surgery violated federal anti-discrimination law, in a case that could help clarify how a 2020 U.S. Supreme Court decision impacts employee benefits.
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February 03, 2025
QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.
Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.
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February 03, 2025
NC Justices Urged To Reject Appeal Over Rate Hike Approvals
North Carolina's insurance commissioner urged the state's highest court to reject a policyholder's appeal challenging a series of insurer rate hike approvals in court, saying an appeals panel correctly found that the policyholder failed to support his claims that intervening in the preceding approval process was impossible.
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February 03, 2025
Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit
A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.
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February 03, 2025
Attys Hope Ballot Case Clarifies Pennsylvania Constitution Clause
A Pennsylvania Supreme Court case questioning the constitutionality of a rule requiring undated or misdated mail-in ballots to be discarded is likely the last, and best, chance to settle one of the few open issues over voting in Pennsylvania, experts told Law360.
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February 03, 2025
PharmacyChecker's Legality Weighed In 9th Circ. Appeal
Judges on the Ninth Circuit went back and forth with lawyers on both sides of online drug comparison site PharmacyChecker's antitrust suit against LegitScript on Monday, questioning the latter's claims that PharmacyChecker's entire business is illegal because it facilitates the unsanctioned importation of foreign pharmaceuticals.
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February 03, 2025
9th Circ. Revives Church's Copyright Feud With Ex-Member
A Ninth Circuit panel on Monday gave new life to a copyright dispute between a Washington religious group and a former member who said he had the legal right to use the spiritual teachings of the group's founder, with an opinion noting the case's "strange bedfellow" mix of intellectual property law, estate law and religious writings.
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February 03, 2025
USAA Fails To Flip PTAB Loss In $218M EDTX Case
Federal Circuit judges decided Monday to affirm an administrative board's rulings that wiped out claims in two patents, including one that is tied to a $218.45 million jury verdict leveled against PNC Bank in a patent case in the Eastern District of Texas.
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February 03, 2025
Child Porn Victims Urge 9th Circ. To Revive Claims Against X
Child sex trafficking survivors urged the Ninth Circuit on Monday to revive allegations that X Corp. defectively designed its platform and knowingly benefited from sex trafficking when it refused to remove pornographic videos of the 13-year-old boys, arguing that X isn't shielded under Section 230.
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February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs
The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
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February 03, 2025
Del. Justices Uphold $10.4B Anaplan Inc.'s Thoma Bravo Sale
Agreeing that a fully informed "Corwin cleansing" vote washed away stockholder objections to a post-signing $400 million trimming of a $10.7 billion deal, Delaware's Supreme Court on Monday dismissed a challenge to Thoma Bravo's acquisition of software-as-a-service company Anaplan Inc. in June 2022.
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February 03, 2025
7th Circ. Says Row Over Pilot Contracts Belongs In Arbitration
The Seventh Circuit has ruled that the Teamsters' challenge to prehire employment agreements with two airlines providing for incentive payments to newly hired pilots must be resolved in arbitration rather than federal court, saying the airlines did enough to show that the incentives are justified by the collective bargaining agreements.
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February 03, 2025
Feds Back Out Of Trans Ga. Deputy's 11th Circ. Rehearing
The U.S. Department of Justice said Friday that it was pulling out of supporting a Georgia transgender sheriff's deputy's bid to have gender-affirming surgery covered by her county government, just days before her case is set to be reheard by the full Eleventh Circuit.
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February 03, 2025
Sotomayor Clears Path For Retrial In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict
A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.
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February 03, 2025
NC Justice Urges 4th Circ. To Keep Vote Battle In Federal Court
An incumbent North Carolina justice urged the Fourth Circuit on Monday to keep control of her opponent's challenge to November's election results, rejecting the challenger's claim that developments in state court have rendered the federal case moot.
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February 03, 2025
COVID Test Row Hinges On Appeal Notice, 2nd Circ. Hints
A Second Circuit appellate judge suggested Monday that a union benefit plan may not have been acting fully aboveboard when it did not notify a Connecticut medical practice of an appeal process after it denied reimbursements for COVID-19 testing, but he also met the practice's accusations with skepticism.
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February 03, 2025
Panel Backs Sanctions For Frivolous Bid In Malpractice Case
A New Jersey appeals court said Monday that a New York attorney's motion to vacate an almost $450,000 judgment after a jury found him negligent in a divorce action could only be seen as frivolous, affirming the trial court's award of nearly $8,000 in attorney fees as a sanction.
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February 03, 2025
2nd Circ. Affirms Lawyer's Asylum Fraud Conviction
The Second Circuit on Monday affirmed the convictions of an immigration attorney and the former CEO of an immigration services firm for coaching asylum-seekers to lie about facing persecution in their home countries, rejecting the pair's arguments that there was insufficient evidence and that the jury was given improper instructions.
Expert Analysis
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Unpacking Arguments From High Court's Rural Hospital Case
During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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Dissecting The Obviousness-Type Double Patenting Debate
The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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2nd Circ. AmTrust Decision Shows Audit Reports Still Matter
Though the Second Circuit eventually found on reconsidering a case over the high-profile accounting meltdown at AmTrust that audit reports are material to investors, its previous contrary holding highlights the seriousness of the ongoing crisis of confidence in the audit report, say attorneys at Bernstein Litowitz.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Opinion
Justices Should Squash Bid To Criminalize Contract Breaches
In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.