Appeals

News & Analysis as of

Ofcom appeal reverses ATVOD decision in Vice UK case

By its decision of 21 July 2015, Ofcom has upheld an appeal by Vice UK Limited, ruling that Vice should not be classified as an on-demand programme service (ODPS) for the purposes of the Communications Act 2003 (Comms Act)....more

Texas Court of Appeals Holds that Economic Loss Doctrine Does Not Bar Building Owner’s Negligence Claims Against Geotechnical...

USA Walnut Creek, DST v. Terracon Consultants, Inc. f/k/a HBC Engineering, Inc., 2015 Tex. App. LEXIS 1806 (Tex. App. 2015) - This cases arises out of the construction of a twelve building apartment complex in Austin...more

Companies Appeal ECHA’s Requests for Information Concerning Nanoforms

The cases all concern silicic acid, aluminum sodium salt. The contested decisions were adopted December 17, 2014, following a compliance check under the dossier evaluation procedure of the submitted registration. In each...more

Federal Circuit Review | July 2015

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Courts Will Go Above and Beyond to Award Attorneys’ Fees for Unreasonably Withholding Public Records

In a novel and somewhat convoluted fact pattern, the California Court of Appeal yet again sent a loud and clear message: The purpose of the California Public Records Act ("CPRA") is to monitor governmental activities despite...more

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more

Canadian Employment News Series - July 2015

Self-Reporting Drug Use Policies at Work: Are They Discriminatory? Employers seeking to strengthen policies aimed at reducing drug and alcohol abuse in safety sensitive workplaces should take note of this recent Alberta...more

Missouri Court of Appeals – Western District Upholds Missouri Statute Requiring Plaintiff to Submit a Health Care Affidavit of...

Austin v. Schiro, Slip Opinion, WD78085 (Mo.App. W.D. May 26, 2015) - The Missouri Court of Appeals, Western District, affirmed a trial court decision dismissing a plaintiff’s medical negligence action, without...more

Court of Appeals Warns Against Complacency in the PSLRA’s Safe Harbor

SEC Rule 10b-5 makes it unlawful to misstate a material fact (or omit to say something if the omission would render misleading what you do say) in connection with the purchase or sale of a security. The Private Securities...more

Appealing News Regarding the TCPA

On Friday, July 24, the United States Judicial Panel on Multidistrict Litigation issued an Order consolidating in the D.C. Circuit Court of Appeals three timely petitions for review of a July 10, 2015 Declaratory Ruling and...more

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

NC Court of Appeals Weighs in on Multiple Creditor’s Rights Issues

The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles,...more

Political Logrolling Approved by Seventh Circuit

It has been a banner season for politically important public corruption rulings. Two weeks ago the Fourth Circuit issued its opinion upholding the conviction of former Virginia Governor Bob McDonnell. Now the Seventh Circuit...more

Second Circuit Revives Contract Attorney’s Misclassification Suit

On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower...more

Third Circuit holds that only “material” representations by a debt collector are actionable under the FDCPA

Joining a national trend, the United States Court of Appeals for the Third Circuit recently held that a plaintiff must allege more than just a misleading representation to prevail on a claim under the Fair Debt Collections...more

Third Circuit Clarifies Article III Standing for Absent Class Members, Impact of Comcast

In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more

Stark Litigation: The Tuomey Saga Draws to a Close

In what may be the penultimate chapter of the long–running saga of the Tuomey case, the Fourth Circuit affirmed the final judgment and award in favor of the government in its case against Tuomey Healthcare System, Inc....more

When the Fifth Amendment Privilege Doesn't Work-Tax Cases

A recent decision of the Third Circuit Court of Appeals illustrates the futility of expecting that the Fifth Amendment Privilege Against Self-incrimination will shield taxpayers from production of offshore financial records. ...more

Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine

Much to the delight of employees and their counsel, the Fourth Circuit Court of Appeals has expanded the number of potentially liable defendants in Title VII employment discrimination actions. In the July 15, 2015 published...more

Be Alert Asia Pacific: Employment Law Newsletter: The Labour Tribunal Has Teeth and Can Bite the Claimant Too!

Following the changes made to the Labour Tribunal Ordinance in December 2014, the Labour Tribunal now has power to order either the employer or the employee to provide security for payment of an award. However, can the...more

BPCIA Statute: Patent Dance Is Optional, But Opting Out Has Consequences

The Federal Circuit issued a ruling on July 21, 2015 in the Amgen Inc. et al. v. Sandoz Inc., Case No. 2015-1499, appeal after hearing oral arguments on June 3, 2015. See BPCIA: A “Choose Your Own Adventure” Statute?...more

Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker

Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene...more

California Court of Appeal Rules that Unruh Act Can Apply to Service Animals

On July 17, 2015, a California Court of Appeal confirmed that denying service to a patron with a service animal can give rise to claims under either the Unruh Act (California Civil Code §§51, 52) or the Disabled Person Act...more

7th Circuit – Alleged Injuries Can Confer Standing In Data Breach Suit

In any case involving a data breach of customer or employee information, the first line of defense for the defendant is to assert that the plaintiff(s) lack standing to bring suit. In Remijas v. Neiman Marcus Group, the...more

Remijas v. Neiman Marcus: Seventh Circuit Affords Broad Standing To Sue Over Consumer Data Breaches

When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty...more

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