Appeals

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First Circuit Upholds Use of Retained Asset Accounts in ERISA Class Action

On July 2, 2014, a unanimous panel of the United States Court of Appeals for the First Circuit held that Unum Life Insurance Company’s practice of using Retained Asset Accounts (RAAs) to pay death benefits claims on group...more

The Jewel Unfinished Business Doctrine Loses its Luster

On November 15 and December 2, 2013, the Second Circuit Court of Appeals, in In re Thelen LLP and In re Coudert Brothers LLP, certified to the New York Court of Appeals the question of whether a client matter, billed on an...more

California Court Allows Uninsured Motorist Bad Faith Suit to Proceed

In its recent decision in Maslo v. Ameriprise Auto & Home Insurance, 2014 Cal. App. LEXIS 564 (Cal. App. June 27, 2014), the California Court of Appeals for the Second Appellate District had occasion to consider whether an...more

Controversial Florida Case Blocks Creditor from Enforcing Judgment Against Foreign Assets

A recent opinion from Florida's Fourth District Court of Appeal held that a Florida court does not have jurisdiction to compel a judgment debtor to turn over stock certificates located outside the state of Florida to satisfy...more

Second Circuit Overturns District Court’s Rejection of SEC-Citigroup Fraud Settlement

In a closely-watched decision involving judicial review of agency settlements, the Unites States Court of Appeals for the Second Circuit vacated United States District Court Judge Jed Rakoff’s 2011 order rejecting a proposed...more

Evidence – Expert Witness Testimony – Grounds for Exclusion

City of Pomona v. SQM North America Corporation - Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) - Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain...more

English Court of Appeal Signals Less Draconian Sanctions for Non-compliant Litigants

Litigants must comply with rules and orders, yet must not seek to penalise opponents for immaterial breaches Overview - The Court of Appeal has allowed three consolidated appeals an earlier Court of Appeal case...more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

Purported Inventor Fails to Prove Inventorship

General Electric Co. v. Wilkins - Addressing a claim to inventorship of an individual not listed as an inventor on two patents, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling that a...more

D.C. Circuit Broadly Applies Attorney-Client Privilege to Internal Investigations

The attorney-client privilege broadly applies to communications made for the purpose of obtaining or providing legal advice. However, what if an internal investigation has multiple purposes, some of which are to provide legal...more

Evidence – Expert Witness Testimony – Disclosure Requirements

Patrick Cottini v. Enloe Medical Center - Court of Appeal, Third District (May 21, 2014) - Under the Code of Civil Procedure, parties in a civil case may be asked to provide disclosures of expert witness...more

Environmental Law Alert - July 2014: New York Court Strikes Blow Against Fracking

This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein...more

CA Appellate Courts: Secondary Exposure Claims Permitted Against Product Manufacturers, But Not Premises Owners

Two California Courts of Appeal recently decided cases that will significantly impact secondary asbestos exposure claims in California. The result is that premises owners have no duty to protect family members of workers on...more

New York’s Highest Court Affirms Zoning Ordinances Banning Hydrofracking

The Insurance Law Blog has been following decisions related to hydraulic fracturing for potential impacts on insurance coverage issues. As we previously reported in May 2013, the New York Supreme Court, Appellate Division,...more

Second Circuit Affirms Dismissal Of RESPA Claims Based On Faulty QWR

On June 24, the U.S. Court of Appeals for the Second Circuit held that a borrower failed to state a claim under RESPA because her purported qualified written requests (QWRs) did not trigger the servicer’s RESPA duties. Roth...more

Expert's Failure to Properly Apply Obviousness Standard Leads to Vacated Jury Verdict

InTouch Techs., Inc. v. VGo Communications, Inc. - Addressing the sufficiency of expert testimony to support a jury’s finding of obviousness, the U.S. Court of Appeals for the Federal Circuit reversed the district...more

Fifth Circuit Holds TCEQ Water Permits Not Proximate Cause of Whooping Crane Deaths, Reverses Ban on Permitting

HOUSTON, July 2, 2014 -- Following briefing and argument by lawyers from Baker Botts and the Texas Office of Solicitor General, on June 30, 2014 the United States Court of Appeals for the Fifth Circuit reversed a district...more

U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy

The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the...more

Expert Witnesses Not Required to Rule Out All Possible Causes in Product Liability Actions

On June 6, 2014, the 8th Circuit Court of Appeals reversed a district court decision excluding three experts, who were critical to the plaintiff to show causation, on the basis that they did not reliably rule out alternative...more

New York High Court Affirms Local Fracking Bans

On Monday, New York’s highest court—the New York Court of Appeals—upheld local bans on shale gas drilling designed to eliminate hydraulic fracturing. The 5-2 decision clears the way for drilling opponents to target fracking...more

Ideas Can Be Subject to Trade Secret Protection

The Court of Appeal, First Appellate District, recently held that ideas can be subject to trade secret protection; and, in so doing the court gave a primer on the law of trade secrets. In a modern day David and Goliath...more

Sanctions Are Appropriate for Factual Misrepresentation and Abuse of Judicial Process

Monsanto Co. v. E.I. Du Pont de Nemours & Co. - Addressing the issue of sanctions following a finding that a litigant abused the judicial process and acted in bad faith, the U.S. Court of Appeals for the Federal...more

Self-Insured Health Plans May Be Required To Allow Health Care Providers Access To Their Claims And Appeals Process

In a precedent-setting case, a district court in the Northern District of Illinois recently ruled that in-network chiropractors were considered “beneficiaries” under the Employee Retirement Income Security Act of 1974 (ERISA)...more

Printed Publication Need Not Be Easily Located to Be Prior Art

Suffolk Techs., LLC v. AOL Inc. - Addressing the standard for establishing that an alleged prior art reference qualifies as a “printed publication,” the U.S. Court of Appeals for the Federal Circuit affirmed summary...more

Sixth Circuit Vacates Denial of Class Certification in Blast Fax Case

Plaintiff Sandusky Wellness Center (“Sandusky Wellness”) had alleged that defendants Wagner Wellness, Inc., and its owner, Robert Wagner (collectively “Wagner”), had violated Section 227 of the TCPA by purchasing a list of...more

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