Appeals

News & Analysis as of

Illinois Supreme Court Holds Treasurer Needs Appeal Bond Too

Earlier this month, a unanimous Illinois Supreme Court held in Illinois State Treasurer v. Illinois Workers’ Compensation Commission that the State Treasurer, when appealing a workers’ compensation award in a case where he...more

Privity Of Contract Is Still The Rule For Breach-Of-Implied-Warranty Claims Against Subcontractors, Even For New Home Construction

Arizona has long recognized the existence of an implied warranty arising out of new home construction. In Columbia Western Corp. v. Vela., the Arizona Court of Appeals expanded implied warranty liability to cover...more

Landmark UK Data Protection Ruling

The English Court of Appeal has recently handed down a landmark decision confirming that an individual can recover damages under the UK’s Data Protection Act 1998 (the “Act”) for non-financial losses....more

In re Tam (The Slants)

Court of Appeals for the Federal Circuit Sua Sponte Order to Vacate

Here's something you don't see every day....more

Second Circuit Synchs Up With its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim on Oral Complaints to...

This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear...more

Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer

In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits retaliation against an employee...more

Appeal of Tax Court Decision Focuses on Foreign Tax Credit, Tests Scope of U.S.-France Totalization Agreement

Briefing is underway in an appeal by two taxpayers—a married couple with dual citizenship in the United States and France—of a U.S. Tax Court decision denying them foreign tax credits for money they contributed to social...more

Abuse of Discretion Not Shown By Court’s Failure To “Show Its Arithmetic” in Significantly Reducing Claimed Attorney Fees in CEQA...

In Save Our Uniquely Rural Community Environment v. County of San Bernardino, __ Cal.App.4th ___, 2015 WL 1259781 (4th Dist., Div. 2, 2015) (SOURCE) , the Fourth District Court of Appeal affirmed the trial court’s decision...more

Appeals Court Affirms Jury Verdict of Over $1.5 Million in EEOC Sexual Harassment and Retaliation Lawsuit Against New Breed...

MEMPHIS, Tenn. - A federal appeals court has upheld a jury verdict of over $1.5 million in the U.S. Equal Employment Opportunity Commission's (EEOC's) lawsuit against a High Point, N.C.-based logistics services provider for...more

California Non-Compete Update: No Re-Hire Provisions May be in Jeopardy, Especially for Large Employers

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the...more

Federal Courts to Apply More Protective State Law when Analyzing Validity of Pre-dispute Jury Trial Waivers in Diversity...

The Ninth Circuit Court of Appeals recently held that federal courts sitting in diversity jurisdiction must apply the underlying state law to determine the validity of pre-dispute jury trial waivers where the state law is...more

Appellate Court Notes

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

NC Foreclosure Statute of Limitations – A Tale of “Zombie” Deeds of Trust?

Let’s face it. Zombies are everywhere. I can’t seem to pass a movie theater or flip a TV channel without seeing or hearing something about them. So of course they were top of mind when I read the North Carolina Court of...more

Federal Circuit Held District Court Abused Discretion in Refusing to Award Attorneys’ Fees

On April 10, 2015, in a precedential opinion, the Federal Circuit Court of Appeals–Judge Moore writing–vacated and remanded U.S. District Court Judge Mariana R. Pfaelzer’s 2014 decision denying fees, finding that it “cannot...more

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). ...more

Employer Not Required by ADA to Permit Employee to Telecommute

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Second Circuit Holds that Internal Complaints Suffice Under the FLSA’s Anti-Retaliation Provision

In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA). Employers within the Second Circuit — New York,...more

FTC Flushes McWane in a Big Eleventh Circuit Exclusive Dealing Win

The situations where exclusive dealing policies, explicit or tied to an aggressive discounting program, cross the line under the rule-of-reason remain far from clear. Because it involved appellate review of a Federal Trade...more

CFPB files amicus brief in Fifth Circuit TILA case

The CFPB has filed an amicus brief in Billings v. Propel Financial Services, LLC, a case on appeal to the U.S. Court of Appeals for the Fifth Circuit. The issue in the case is whether a private lender extends“consumer credit”...more

Court of Appeals Holds Plaintiff Stated Claim for Void Mortgage Based on Allegations of Improper Notarization

In Etta Lowery v. Wells Fargo Home Mortgage, No. 2131060, 2015 WL 1525153 (Ala. Civ. App. Apr. 3, 2015), the Alabama Court of Civil Appeals reversed the trial court’s judgment on the pleadings entered in favor of...more

Out of Cite, Out of Mind: Preserving Off-the-Record Objections

As we have discussed many times in this blog, one of the fundamental rules of appellate practice is if something is not in the record, it did not happen. For that reason, it is important to try to eliminate arguments held...more

N.C. Court of Appeals Dismisses Municipal Takings Claim For Failing "Public Benefit" Standard

Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015)....more

Appellate Court Notes

- SC19245 - Nation-Bailey v. Bailey - SC19245 Concurrence - Nation-Bailey v. Bailey Holding that a separation agreement that requires the payment of unallocated alimony and child support ‘‘until the …. [w]ife’s...more

Update on Two Recent California Eminent Domain Cases

I wanted to provide a quick update on two recent cases from the California Court of Appeal. The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more

Federal Circuit’s Initial Reaction to Teva

In the nearly three months since the U.S. Supreme Court ruled that subsidiary factual findings in claim construction proceedings must be reviewed for clear error, the U.S. Court of Appeals for the Federal Circuit has decided...more

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