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From: Appellate Law360 <news-alt@law360.com> To: Subject: Up Next At High Court: Census Brawl Dominates Busy Week Date: Mon, 22 Apr 2019 07:18:20 +0000 iLaw360 Appellate APPELLATE Monday, April 22, 2019 tF ollow Appellate Law360 TOP NEWS ;.,Law360 Pro Say Podcast Up Next At High Court: Census Brawl Dominates Busy Week The Trump administration's attempt to put a citizenship question on the census is the most high-profile case at the Supreme Court this week, but the justices will also tackle issues affecting government contractors and Title VII plaintiffs as it closes out the final argument session of the 2018 term. Read full article » Analysis Census Citizenship Question Case Likely To Turn On APA L Attorneys anticipate that the question of whether Commerce Secretary Wilbur Ross violated the Administrative Procedure Act will take center stage during oral arguments at the U.S. Supreme Court on Tuesday, in a case challenging Listen to our new podcast here his decision to include a question about citizenship status on the 2020 census. LAW FIRMS Read full article » 1-800-Law-Firm Analysis Akerman Supreme Court To Mull Title VII's Presuit Hurdles Alston & Bird The U.S. Supreme Court on Monday will hear a Texas county's challenge to Amin Turocy a Fifth Circuit decision letting a worker pursue a religious discrimination claim Arnold & Porter she didn't make to the U.S. Equal Employment Opportunity Commission first, a case that could resolve a circuit split over what workers have to do before Baker Botts bringing federal discrimination suits. Baker Donelson Read full article » Baker McKenzie BakerHostetler Analysis High Court FOIA Case May Alter Labor Agency's Disclosures Ballard Spahr L Beveridge & Diamond The U.S. Supreme Court will hear arguments Monday about the standard for Blank Rome invoking a key exception to the Freedom of Information Act in a case that Burns & Levinson could make it harder for employers with federal contracts to keep the reams of data they send to the Office of Federal Contract Compliance Programs Carlton Fields under wraps, experts say. Cleary Gottlieb Read full article » Clyde & Co Cohen Milstein Analysis Cole Scott 6th Circ. Ruling Raises Bar For Social Media Terrorism Suits Consovoy McCarthy The Sixth Circuit's recent dismissal of a suit blaming Facebook, Twitter and YouTube for radicalizing the man who carried out the 2016 mass shooting at Cooley the Pulse nightclub in Florida makes clear that such Anti-Terrorism Act suits DLA Piper have a slim chance of success. Davis MaIm Read full article » Davis Wright Tremaine EFTA00032400 DC CIRCUIT Dechert Divine & Estes UPS Can't Reverse Pa. Facility's Unionization, DC Circ. Says Dressman Benzinger The D.C. Circuit on Friday rejected UPS Ground Freight Inc.'s effort to Duane Morris overturn the unionization of employees at a Pennsylvania distribution facility, Earthjustice ruling that the International Brotherhood of Teamsters and the National Labor Relations Board had followed all the rules for certifying the union. Edelson PC Decision attached I Read full article » Epstein Becker Green Evans & Dixon DC Circ. Won't Nix OK Of $500M Award Against Kazakhstan Faegre Baker Kazakhstan was unable to convince the D.C. Circuit on Friday that a lower Fenwick & West court had wrongly refused to consider evidence that a half-billion-dollar Fisch Sigler arbitration award against it, which was issued to two Moldovan oil and gas investors, had been tainted by fraud. Fisher Phillips I document attached I Read full article » Fletcher Heald Freeborn & Peters Wireless Cos. Urge DC Circ. To Toss FCC's Verizon Fee Ruling Freshfields Bruckhaus Two wireless providers jointly urged the D.C. Circuit on Friday to reverse a Fried Frank Federal Communications Commission ruling that the roaming rates Verizon Frost Brown Todd charged to local carriers are reasonable, contending the rates aim to quash Gibson Dunn smaller competitors. Goodwin 1 document attached I Read full article » Grant & Eisenhofer FEDERAL CIRCUIT Greenberg Traurig Hart McLaughlin Fed. Circ. Says Court Wrongly Tossed $7.5M IP Verdict Hirschfeld Kraemer A Federal Circuit panel on Friday said a lower court wrongly threw out a $7.5 Hogan Lovells million jury verdict against Novozymes NS in a patent case over technology Holland & Knight that helps with ethanol processing, deciding the district court erred when it found the patents were anticipated by an earlier invention. Horn Aylward Opinion attached I Read full article » Hunter Smith Hunton Andrews Kurth Fed. Circ. Backs ITC In Roomba Co.'s Claim Construction Row Jackson Murdo A split Federal Circuit panel on Friday sided with the U.S. International Trade Jones Day Commission's finding that one of Roomba maker iRobot's patents had not Keefer Wood been infringed, delivering a setback to the robot vacuum company months King & Spalding after it clinched an import ban against several of its rivals for ripping off another of its cleaning patents. Kirkland & Ellis Opinion attached I Read full article » Kobre & Kim Kutak Rock Full Fed. Circ. Won't Eye Reviving $19M Samsung IP Verdict Latham & Watkins The Federal Circuit won't reconsider its decision to throw out a $19.2 million Law Offices of Stephan C. Volker patent infringement verdict against Samsung, despite arguments from a Leonard Carder nonpracticing entity that the panel wrongly substituted its own judgment for Lewis Brisbois the jury's. Littler Mendelson Order attached i Read full article » Logan Logan & Watson Fed. Circ. Affirms PTAB Ax Of Hologic Medical Device Patent Lucas Magazine The Federal Circuit on Friday ruled a Hologic patent related to a treatment for Manatt Phelps abnormal menstrual bleeding was invalid because it would have been Markowitz & Richman obvious, upholding a decision from the Patent Trial and Appeal Board. Mayer Brown Opinion attached I Read full article » Morgan Brown & Joy Morgan Lewis Fed. Circ. Affirms ITC Ax Of Car Toll Patent Claims Morrison & Foerster The Federal Circuit on Friday invalidated parts of two patents covering Munger Tolles technology used in electronic toll systems, upholding the U.S. International Trade Commission's decision in an infringement case Neology Inc. brought Nabors Giblin against rival companies. Norris & Keplinger EFTA00032401 Opinion attached I Read full article » Norton Rose Fulbright Fed. Circ. Won't Revive Server Patent Axed By PTAB Oliver Price & Rhodes The Federal Circuit on Friday upheld the Patent Trial and Appeal Board's Orrick Herrington decision to invalidate claims from a Rosetta-Wireless Corp. network server Panza Maurer & Maynard patent challenged by Apple and Samsung, and agreed that the data solutions Paul Hastings company can't amend its patent. Opinion attached I Read full article 0 Paul Weiss Pepper Hamilton SECOND CIRCUIT Perkins Coie Petti & Briones 2nd Circ. Kills $5M Deal Award Against Brazilian Reinsurer Pierce Bainbridge The Second Circuit has declined to enforce a $5 million settlement award Priddy Cutler against reinsurer IRB Brasil Resseguros SA, finding that it was not a party to Quinn Emanuel the agreement between insurer National Indemnity Co. and steelmaker Companhia Siderurgica Nacional. Rathbun Cservenyak 1 document attached I Read full article » Robbins Russell Ropes & Gray 2nd Circ. Won't Revive Ex-Mt. Sinai Worker's Race Bias Suit Sheppard Mullin The Second Circuit on Friday refused to revive a fired worker's race bias suit Shook Hardy against Mount Sinai Health System, saying she'd made a "glaringly Sidley Austin disproportionate" number of errors while on the job. Simpson Logback 1 document attached I Read full article » Sive Paget Skadden Madoff Trustee Fights Bid To Pause Foreign Clawback Ruling Smith Law Services The trustee for Bernie Madoffs fraudulent investment firm has asked the Second Circuit not to stay its decision that he can claw back billions in Ponzi Tran Law Firm scheme proceeds transferred between foreign parties, saying defendants' Tucker Law Group planned U.S. Supreme Court appeal is unlikely to succeed. Venable LLP 1 document attached I Read full article » Vorys Sater Weil Gotshal THIRD CIRCUIT White & Case 3rd Circ. Says Immigration Board's Examination Fell Short Wilk Auslander The Third Circuit Friday revived a bid from an Indonesian national to avoid WilmerHale deportation, finding that the Board of Immigration Appeals failed to mention Wilson Sonsini many pieces of compelling evidence he presented and that some of those it Windels Marx did mention contradicted its findings. Wolf Haldenstein Opinion attached I Read full article )> Wollmuth Maher Wright Close Comcast Keeps Installer Antitrust Suit Win At 3rd Circ. Wyatt Tarrant The Third Circuit affirmed a defeat for two Pennsylvania cable installers that accused Comcast of anti-competitive tactics that drove them out of business, Young Conaway reasoning Friday that the telecommunications giant wasn't their only potential Zebersky Payne business in the region. Opinion attached I Read full article » COMPANIES Amazon.com Inc. NJ Urges 3rd Circ. To Stop PennEast Pipeline Condemnations American Bar Association New Jersey on Thursday urged the Third Circuit to overturn a lower court's American Civil Liberties Union decision allowing the PennEast Pipeline Co. to file condemnation lawsuits American Museum of Natural against the state for land the company wants for a $1 billion natural gas History pipeline project. Apple Inc. Brief attached ! Read full article 0 Association of Corporate Counsel BB&T Corp. FOURTH CIRCUIT BNP Paribas 4th Circ. Trims Sanctions In Fired CarMax Worker's Arbitration CVC Capital Partners CalAtlantic Group Inc. EFTA00032402 A former CarMax employee who claims he was unfairly fired deserved some California Rural Legal Assistance sanctions from a district court for arguing aspects of his arbitration award Foundation Inc. appeal that were already rejected, but he also raised a fresh argument that CarMax Business Services LLC didn't warrant a penalty, the Fourth Circuit ruled. Citigroup Inc. Opinion attached I Read full article » Comcast Corp. FIFTH CIRCUIT Companhia Siderurgica Nacional Anti-Straight Bias Not Forbidden By Title VII: 5th Circ. Edgeworth Economics LLC A Fifth Circuit panel said Friday that federal workplace discrimination law Electronic Frontier Foundation does not block employers from firing straight workers because of their Essendant Inc. sexuality, refusing to budge from its stance that Title VII of the Civil Rights Act Exxon Mobil Corp. does not cover sexual orientation. Facebook Decision attached I Read full article » Florida Power & Light Co. Food Marketing Institute 5th Circ. Says Interstate Travel Axes Oil Workers' OT Suit GVC Holdings PLC The Fifth Circuit has affirmed a federal judge's decision absolving Welltec Inc. from oil field workers' wage and hour claims, saying federal overtime pay Geico requirements don't apply because the workers regularly drove across state General Re Corp. lines. Google Inc. Opinion attached I Read full article » HSBC Holdings PLC Hologic Inc. Old Ruling Shouldn't Direct Texas Tribal Gaming, 5th Circ. Told Intel Corp. The Ysleta del Sur Pueblo argued Thursday that the Fifth Circuit shouldn't International Brotherhood of have relied on an error-filled 1994 ruling against it to decide that Teamsters the Alabama-Coushatta Tribe of Texas can't offer bingo under state law, joining the chorus of voices urging the full court to take another look. International Speedway Corporation 3 documents attached I Read full article » JAMS Inc. SIXTH CIRCUIT JEA Johnson & Johnson NCAA Referee Passes Death Threats Suit To 6th Circ. Kapsch TrafficCom AG An NCAA men's basketball referee on Friday turned to the Sixth Circuit after Kentucky Bar Association his suit accusing two Kentucky radio hosts of inciting death threats and Lowe's Companies Inc. negative reviews of his business was dismissed under First Amendment protections. MGM Resorts International 1 document attached I Read full article » MetLife Inc. Minerva Surgical Inc. SEVENTH CIRCUIT National Collegiate Athletic Association $2.8M Housing Fund Row Belongs In New Suit, 7th Circ. Says National Congress of American The Seventh Circuit said an Illinois city and a housing company must start Indians from scratch in a fight over $2.8 million in reserve funds held by the U.S. National Hispanic Medical Department of Housing and Urban Development. Association Complaint attached I Read full article » National Indemnity Co. Natural Resources Defense Uphold Arbitration Order In Biometric Case, Southwest Urges Council Southwest Airlines employees who are accusing the company of unlawfully NeoPollard Interactive LLC collecting their biometric data are trying and failing to sidestep the federal New York Immigration Coalition arbitration requirements preempting their suit, the airline told the Seventh Circuit on Thursday. New York University 1 document attached I Read full article » Novozymes Orlando Utilities Commission NINTH CIRCUIT PricewaterhouseCoopers Purdue Pharma LP Enviros Say Trump Must Live With Keystone Rejection QUALCOMM Inc. Two environmental groups have told the Ninth Circuit that the federal Samsung Electronics Co. Ltd. government is wrongly attempting to dodge a ruling invalidating its permit for Southwest Airlines Co. EFTA00032403 the Keystone XL pipeline just because President Donald Trump signed a new Staples Inc. permit last month. State Farm 1 document attached I Read full article » Taylor Bean & Whitaker Mortgage Wells Fargo Battles Cert. In Reimbursement Fight At 9th Circ. Corp. Wells Fargo urged the Ninth Circuit on Friday to reverse a lower court's The Nature Conservancy decision to certify a class of 2,000 home mortgage consultants and bankers The Wait Disney Co. who claim the bank didn't reimburse their expenses or pay commissions on time, arguing that the expenses were optional and commissions can't be TransCanada Corporation determined classwide. Twitter Inc. Read full article » Uber Technologies Inc. UniCredit 9th Circ. Gives EPA 90 Days To Respond In Pesticide Case United Farm Workers The Ninth Circuit on Friday gave the U.S. Environmental Protection Agency United Parcel Service Inc. 90 days to respond to objections filed by health and environmental groups over the agency's decision not to ban the pesticide chlorpyrifos. United Technologies Corp. Order attached I Read full article » Verizon Communications Inc. Wal-Mart Stores Inc. ELEVENTH CIRCUIT Wells Fargo & Co. Yale University 11th Circ. Tosses Underpayment Class Action Against Geico Yelp Inc. The Eleventh Circuit on Friday threw out a class action accusing Geico of YouTube Inc. under-reimbursing health care providers for their services, holding that the iRobot Corporation lead plaintiff lacked standing to bring the suit in the first place. Opinion attached I Read full article » GOVERNMENT AGENCIES Alabama-Coushatta Tribe of Texas NEW YORK Chicago Department of Aviation Delaware Court of Chancery NY Panel Greenlights Museum Of Natural History Expansion Department of Commerce A New York state appeals court on Thursday greenlighted the American Museum of Natural History's planned expansion into Theodore Roosevelt Equal Employment Opportunity Park, finding that the museum has had a right to the disputed land since Commission 1877. European Commission Opinion attached I Read full article » European Union Federal Bureau of Investigation FLORIDA Federal Communications Commission Home Builder Gets Atty Fees In Property Maintenance Suit Federal Energy Regulatory Home builder CalAtlantic can recover attorney fees after residents at a Commission Florida development dropped a lawsuit against it over property maintenance, Federal Trade Commission with a state appeals court finding Friday that the suit fell within fees provisions in a declaration governing the community. Florida State Senate Opinion attached I Read full article Florida Supreme Court International Trade Commission Fla. Energy Choice Ballot Initiative Attacked From All Corners Montana Department of Revenue A slew of major Florida interests that are rarely in harmony have lambasted a National Indian Gaming ballot initiative that purports to create a right to a competitive energy market Commission but that opponents say will upend the energy market in the Sunshine State National Labor Relations Board 8 documents attached I Read full article » Native Village of Noatak New Jersey Department of Carlton Fields Nabs Fla. Appellate Pro From Akerman Environmental Protection Carlton Fields has brought aboard a Florida appellate and trial litigator and Office of Federal Contract former St. Petersburg Times journalist as of counsel in its Miami and Tampa Compliance Programs offices, the firm announced Thursday. Securities and Exchange Read full article » Commission Texas Workforce Commission KANSAS U S Census Bureau U.S. Department of Agriculture EFTA00032404 Med Mal Suit Filed 1 Day Late Nixed By Kan. Supreme Court U.S. Department of Homeland The Kansas Supreme Court on Friday affirmed the dismissal of a suit Security accusing health care providers of negligently causing a patients death, U.S. Department of Housing and saying the patient's estate failed to present evidence that an electronic filing Urban Development issue caused the suit to be lodged one day after the statute of limitations U.S. Department of Justice expired. U.S. Department of Labor Opinion attached I Read full article » U.S. Department of State U.S. Department of Transportation KENTUCKY U.S. Environmental Protection Agency Ky. Court Upholds Atty Firing For Refusing Non-Solicit Deal Kentucky's highest court has unanimously affirmed a lower court's ruling that U.S. House of Representatives a law firm did not wrongfully terminate an attorney after she refused to sign a U.S. Immigration and Customs non-solicitation agreement involving clients, as the deal did not violate state Enforcement legal ethics rules. U.S. Supreme Court Opinion attached I Read full article » United States Court of Appeals for the Third Circuit MICHIGAN Wisconsin Supreme Court Ysleta del Sur Pueblo Live Nation Not Responsible For Concertgoer's Broken Ankle Promoter Live Nation and Michigan International Speedway are off the hook from a lawsuit brought by a concertgoer who fell and broke her ankle in nearby woods while leaving a music festival, a Michigan appeals court held Thursday. 2 documents attached I Read full article MONTANA Exxon Tells Mont. Justices Dividend Deduction Cap Improper The Montana Department of Revenue ignored its own guidance when the agency didn't permit Exxon Mobil Corp. to fully deduct dividend payments from subsidiaries that hold most of their business assets internationally, the oil giant told the state Supreme Court. Brief attached I Read full article » EXPERT ANALYSIS In Virtual Teams For Mass Torts, The 'Law Team' Is Critical A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre. Read full article » LEGAL INDUSTRY Analysis BigLaw Forced Arbitration Expected To Survive Amid #MeToo Even though social media pressure spurred on by Harvard law students has led several BigLaw firms to change course on mandatory arbitration, experts say arbitration has gotten a bad rap and so-called coercive contracts, in some form, will ultimately survive the #MeToo movement. Read full article » Analysis Looking To Go Green? Here's How It Can Work For Your Firm As another Earth Day arrives, environmental consciousness is on the minds of many in the legal industry, and despite a number of challenges, going EFTA00032405 green is not only a possibility but an opportunity as well. Read full article » In Civil Rights Arena, Practice Groups A Rare But Potent Force Although a rarity among firms, dedicated practice groups focused on civil rights cases can have a big impact, proponents say, taking cases solo attorneys and government regulators can't. Read full article » Analysis 5 Times Lawyers Settled During The Big Show Apple and Qualcomm grabbed headlines when they decided to settle their differences before a San Diego federal jury could decide their multibillion- dollar antitrust dispute. But they aren't the first high-profile litigants to think twice about having a jury decide their fate once they got to court. Read full article » Analysis Gibson Dunn Ups The Ante On Gambling After High Court Win Gibson Dunn, the law firm that led the fight to overturn a federal ban on sports betting, has launched a revamped practice group focused on sports betting and gambling, positioning itself to take advantage of the rapidly expanding, newly legal market. Read full article » Baker Donelson's Growth Recognized Its Roots, Ex-Chief Says During Ben Adams' 16 years at the helm of Baker Donelson, the firm doubled its offices and attorneys, carrying out a growth strategy that the departing chairman told Law360 bet on the firm's roots to prepare for its future. Read full article » Q&A Q&A With 'Queen Of Torts' Sheila Birnbaum Dechert LLP's Sheila Birnbaum, known as the "Queen of Torts," recently discussed with Law360 the changes in product liability laws she has seen over her long career, her proudest achievement as a lawyer and the challenges of representing Purdue Pharma in the multidistrict litigation over the opioid crisis. Read full article » More Women Taking Reins Among Tech Giants' Legal Chiefs Women are increasingly heading up the legal departments of the largest companies in California's Silicon Valley as well as the corporations on the S&P 100, though men continue to hold the bulk of those positions, a biannual report by Fenwick & West LLP reveals. Read full article » Most 2016 Law Grads Who Took The Bar Passed, ABA Says About 88.6% of 2016 law school graduates who took the bar exam within two years of completing school passed the test, the American Bar Association said Friday, noting that the class of 2016's two-year success rate is about the same as that of 2015 graduates. Read full article » GC Cheat Sheet: The Hottest Corporate News Of The Week Google has been accused in a derivative suit of hiding workplace harassment, a Duane Morris partner said law firms are dropping the ball in addressing misconduct and employers are seeking to fortify Trump administration regulations against court attacks. These are some of the stories in legal news you may have missed in the past week. Read full article » EFTA00032406 In Case You Missed It: Hottest Firms And Stories On Law360 For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read full article » Podcast Law360's Pro Say: Mueller Madness After more than two years of speculation, Special Counsel Robert Mueller's report about Russian interference with the 2016 election has been released and there are plenty of legal revelations to unpack. So we'll do just that on this week's Pro Say podcast. Read full article » JOBS Search full listings or advertise your job opening Patent Attorney/Patent Agent Personal Injury & Property Damage Troutman Sanders LLP Associate New York. New York Hinshaw and Culbertson Ft Lauderdale. Florida Real Estate Associate Labor & Employment Associate - (1+ yrs Duane Morris Exp.) Philadelphia, Pennsylvania Jones Day San Diego. California Senior Litigation Associate Business Associate Attorney • Junior to Duane Morris Mid-Level Cherry Hill. New Jersey Perkins Coie LLP Portland. Oregon Intellectual Property Docket Clerk Patent Litigation Associate Attorney • Carter, DeLuca, & Farrell, LLP Junior Melville. New York Perkins Coie Phoenix, Arizona Legal Secretary Chemistry Patent Attorney/Agent Carlson, Calladine & Peterson LLP Klarquist Sparkman. LLP San Francisco. California Portland. Oregon Patent Attorney Junior Associate (1.3 Years) Intellectual Dority & Manning. P.A. Property -Engineering Greenville, South Carolina Leydig. Voit & Mayer Multiple Locations (Chicago, Boulder. Bay Area. D.C.), - Intellectual Property Litigation and Unfair Advertising, Privacy Associate Competition Associate Kelley Drye & Warren LLP Company Confidential Washington, District of Columbia Philadelphia, Pennsylvania Patent Attorney (Electrical Technical Specialist / Scientific Advisor Engineer/Computer Science) Axinn Volpe and Koenig, P.C. Hartford, Connecticut Philadelphia, Pennsylvania Biotech Patent Agent or Attorney Associate General Counsel Commercial Dentons US LLP Astellas Dallas, Texas Northbrook. Illinois Capital Markets Staff Attorney Banktcy Boutique Counsel/Partner Hunton Andrews Kurth Schoen Legal Search Richmond, Virginia NYC. New York Not sun: if your firth subscribes? Ask your librarian. EFTA00032407 We hope you found this message to be useful. However. if you'd rather not receive future emails of this soal you may unsubsctibe here. Please DO NOT reply to this email. For customer support int:pities, please call +I-646451.7100 or visit our Contact Us page. Privacy Policy Law360I Ponfolio Media Inc, Ill West 19th Street, dth Floor. New Vont, NY 10011 EFTA00032408