News & Analysis as of

Appellate Courts

First Appellate District Rejects Urban Decay Claim, Upholds EIR for New El Dorado County Courthouse

by Downey Brand LLP on

Since the 2004 decision in Bakersfield Citizens for Local Control v. City of Bakersfield, CEQA petitioners challenging development projects often assert that the lead agency has failed to adequately analyze urban decay...more

Pennsylvania Superior Court Widens the Net for Negligent Misrepresentation Claims Against Professionals

by Wilson Elser on

A recent ruling by Pennsylvania’s intermediate appellate court has expanded the scope of liability for negligent misrepresentation to include a class of potential defendants far beyond those expressly exposed under a prior...more

Bar Owners Beware: The Hidden Danger of Serving “Just One More” Drink

by Wilson Elser on

Society has long known and countenanced the effects of alcohol on behavior. Taverns in fact flourished as places where people could go to freely alter their behavior. It then became necessary for taverns to deny service to...more

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

by Cozen O'Connor on

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

Sixth Circuit Clarifies Where To Appeal In A Transferred Case

Last month, the Sixth Circuit subtly deepened a circuit split over a significant question of appellate jurisdiction within the federal courts: When a lawsuit begins in one U.S. district court but is transferred to a second...more

Changing of the Guard in the New York County Commercial Division

On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department. June 12, 2017 was the last day...more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Web Exclusive: Supreme Court Review: Mixed Bag For Employers

by Fisher Phillips on

The 2016-17 Supreme Court term was truly a mixed bag for employers. The Court limited presidential power, reined in the appellate courts’ authority to review and overturn trial court decisions regarding EEOC subpoenas,...more

Business Litigation Report - July 2017

Article: July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e) - Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored...more

Corporate Lawyers Wary Of Bids To Break Up 9th Circ.

Brian Goldman, a senior associate in Orrick’s Supreme Court & Appellate practice, recently spoke with Law360 regarding several bills that have been recently introduced to split up the Ninth Circuit. Brian noted, “It’s not...more

Employment Law - April 2017

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination - Why it matters - In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh...more

Historic Seventh Circuit Decision Gives LGBTQ Employees More Protections

by Hinshaw & Culbertson LLP on

In a landmark opinion issued Tuesday, the Seventh Circuit became the first federal appellate court in the country to extend the protections afforded by Title VII of the Civil Rights Act of 1964 to sexual orientation...more

The New Wisconsin Court of Appeals

by Foley & Lardner LLP on

Bill Gates once wrote that “[w]e always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten.” Mr. Gates surely wasn’t thinking about the turnover of...more

Illinois Appellate Court Delivers Another Blow to Relator in False Claims Act Litigation

by McDermott Will & Emery on

On Monday, October 17, the Illinois Appellate Court issued another taxpayer-friendly opinion in an Illinois False Claims Act case alleging a failure to collect and remit sales tax on internet and catalog sales to customers in...more

New Word Limits For Federal Appellate Briefs: How Low Is Too Low?

Several amendments to the Federal Rules of Appellate Procedure are scheduled to take effect on December 1, and one of those amendments is causing consternation among appellate practitioners: a 1000-word reduction in the word...more

Georgia Supreme Court Expands as its Jurisdiction Contracts

Somewhat obscured by the social-issue hubbub during the recently ended session of the Georgia General Assembly was the enactment of an historic expansion of the Georgia Supreme Court and a reallocation of not only its...more

What Does an Independent Contractor Mean to You? Eleventh Circuit Issues Significant Independent-Contractor Ruling

by Miller & Martin PLLC on

Last week, the U.S. Court of Appeals for the Eleventh Circuit (which has jurisdiction over Alabama, Florida and Georgia) issued a ruling that is noteworthy for all employers, addressing the often-contested issue of whether a...more

Illinois Supreme Court “Upgrades” Willful Misconduct Requirements in Unemployment Cases

by McDermott Will & Emery on

The longstanding statutory definition of “willful misconduct” that would disqualify an unemployment insurance claimant has been “the deliberate and willful violation of a reasonable rule or policy of the employing unit,...more

Summary of California Appellate Decisions - January 2016

Insurance Coverage; Vandalism and Malicious Mischief Exclusion - Hung Van Ong v. Fire Insurance Exchange (2015) 235 Cal.App.4th 901, 185 Cal.Rptr.3d 524 - Facts: The insured had a vacant apartment building....more

This Year's Most Memorable Opinion Openers

Appellate courts tend to avoid broadly sweeping language in their opinions. And rightly so, as appellate opinions are meant to bring clarity to a muddled issue or area of law, not to gloss over the finer points with well-worn...more

Judicial Internet Research: Does the First SCOTUS Decision of OT 2015 Bode Ill for Dr. Posner?

by Foley & Lardner LLP on

Regular readers of our blog likely are familiar with the Seventh Circuit’s recent decision in Rowe v. Gibson, No. 14-3316 (Aug. 19, 2015), and the considerable controversy that Judge Richard Posner created regarding the...more

New Jersey Supreme Court Holds Stealing Documents to Support Discrimination Claims Can Be Prosecuted as Theft

In State v. Saavedra (A-68-13, June 23, 2015), the New Jersey Supreme Court upheld the criminal indictment of a public sector employee who stole confidential documents to support her discrimination and retaliation claims. As...more

California, Nevada and 38 Other States Have These, But Delaware Doesn’t

by Allen Matkins on

According to the National Center for State Courts, forty states, including California and Nevada, have established intermediate courts of appeal.  California’s Court of Appeal was established by a constitutional amendment...more

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