The Ninth Circuit held on Monday that a California federal court was correct to consider matters deemed to be outside the pleadings when trying to interpret a French legal remedy as part of a motion to dismiss a copyright infringement case, but that it ultimately got the interpretation wrong.
A General Dynamics unit has asked the First Circuit to affirm a lower court's ruling that Ironshore Specialty Insurance Co. can't win reimbursement for $2.8 million in cleanup costs for an oil spill from a U.S. Navy ship, contending Monday that the insurer's claims are barred under federal law.
An industry coalition on Friday asked the D.C. Circuit to sanction counsel for the U.S. Environmental Protection Agency for not turning over documents that allegedly show the agency applied an Eighth Circuit finding that the agency improperly crafted water pollution rules only to the states in that circuit’s jurisdiction.
A group that wants the U.S. Supreme Court to adopt mandatory retirement ages or term limits and to begin broadcasting oral arguments says crisis, politics and closely watched cases have paved the way for those practices in some of the countries that have already implemented them and that the U.S. has ways to follow suit.
The federal government will be allowed to argue that the Federal Circuit misread the Patent Act when it ordered Samsung to pay $400 million, or all the profits it earned on smartphones with features found to infringe Apple’s design patents, the U.S. Supreme Court said Monday.
The Federal Circuit on Monday upheld a Hulu win invalidating a patent for video streaming technology, finding that the Patent Trial and Appeal Board correctly decided the patent was anticipated under the U.S. Supreme Court's Alice decision.
In a precedential decision Monday, the Federal Circuit found carnitine qualifies as a duty-free vitamin, arguing that while adults may not need it for proper health, some infants may.
The full Federal Circuit declined Monday to review a panel decision that companies challenging patents in America Invents Act reviews can present additional evidence of invalidity after a review is instituted, rejecting argument from the owner of a muscle disorder treatment patent that the decision was “clearly wrong.”
The U.S. Securities and Exchange Commission has responded to private equity magnate Lynn Tilton's application at the U.S. Supreme Court for a stay of a $200 million in-house fraud case against her and Patriarch Partners, saying there are other avenues available to her.
Certain underwriters at Lloyd’s of London urged the Eighth Circuit Friday to affirm that an Arkansas marina owner’s losses from the destruction of several docks during a storm were caused by flooding and thus not covered, saying the marina owner’s contrary arguments and alleged prejudice simply “ring hollow.”
Chipmaker Altera Corp. received the backing of key players in the technology sector Friday when a network of CEOs and trade associations urged the Ninth Circuit to affirm a U.S. Tax Court’s annulment of an Internal Revenue Service rule on stock-based compensation in cost-sharing agreements.
The full Seventh Circuit has overturned the 1998 triple-murder conviction of an Indiana man on death row, allowing for a new trial due to the wrongful withholding of evidence from earlier trials.
Paradigm Energy Partners LLC urged the Eighth Circuit on Friday to toss an appeal of a lower court's ruling preventing the Three Affiliated Tribes from interfering with the construction of a pair of pipelines underneath a lake on their reservation, arguing that the completion of the pipelines made the appeal moot.
The attorneys general for Texas and West Virginia blasted the U.S. Environmental Protection Agency's Clean Power Plan in advance of their arguments to nix the rule this week, maintaining Monday that the plan usurps state authority.
A handful of green groups continued to press the Second Circuit to wipe out the Federal Energy Regulatory Commission’s approval of Constitution Pipeline Co.'s proposed $683 million natural gas pipeline Friday, blasting the regulator’s contention that it had complied with environmental law.
A group of direct purchasers of refillable propane tanks have urged the full Eighth Circuit to rehear arguments that they did not miss a deadline to file antitrust claims against Ferrellgas and AmeriGas, in a suit alleging the companies colluded to set prices and fill levels for the tanks.
The Ninth Circuit on Friday upheld Arizona’s requirements that new political parties must file a petition within 180 days of a primary election to get on the ballot, saying the Green Party’s argument that the rule violates its constitutional rights is “purely speculative.”
The New Jersey Supreme Court said Friday it will review a finding that the state attorney general cannot subpoena two former employees of a pharmacy benefits company targeted in a False Claims Act suit because the deadline had passed for the state to intervene in the case.
PacifiCorp and a nonprofit entity created to shut down part of the Klamath Hydroelectric Project urged the Federal Energy Regulatory Commission on Friday to decide by the end of 2017 whether four dams on the Klamath River in California and Oregon can be transferred to the nonprofit prior to being demolished, saying the funding to complete the removal is in place.
After months of court filings and surprising pretrial rulings, an en banc D.C. Circuit on Tuesday will finally hear oral arguments in the biggest environmental and energy case in years: a massive challenge to the legality of the Clean Power Plan.
With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.
The Supreme Court of New Jersey recently reversed a decision prohibiting the placement of electronic billboards along Interstate 287 in Franklin Township. This ruling is contrasted with a Third Circuit decision that upheld an ordinance completely banning billboards in Mount Laurel Township, say attorneys with Day Pitney LLP.
Does the confidential "Federal Criminal Discovery Blue Book" help federal prosecutors ensure that the defense gets what they need to prepare their defense, or does it help those prosecutors fight against defense motions for more evidence? That’s what undoubtedly drove the National Association of Criminal Defense Lawyers to make its Freedom of Information Act request, says Daniel Wenner of Day Pitney LLP.
While the exact scope of the inter partes review estoppel provision has not been decided by the Federal Circuit, the issue has been raised by parties to appellate proceedings. In those cases, both the Federal Circuit and the U.S. Patent and Trademark Office have indicated that the estoppel might be narrower than many previously assumed, say Mindy Sooter and Gregory Lantier of WilmerHale.
Although the Ninth Circuit's recent opinion in Beckman v. Match.com is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.
In 2006, the California Supreme Court held that a lawyer’s prelitigation communications can constitute extortion. Ever since, lower courts have wrestled with how to distinguish between extortionate threats and proper demand letters. The most important distinction is between threats of civil litigation and threats of criminal prosecution, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.
Republican presidential candidate Donald Trump said he would reduce crime in black communities by implementing stop-and-frisk practices nationwide, claiming that they worked “incredibly well” in New York. It's almost too easy to point out why he is wrong, but criticism that stop-and-frisk is unconstitutional misses its mark. The practice was legitimized 50 years ago by the U.S. Supreme Court, says Katherine Macfarlane, a professor ... (continued)
The Eighth Circuit’s opinion in U.S. v. Anesthesia Associates is the most recent in a line of cases suggesting that a provider faced with a potentially ambiguous regulation or statute can protect itself from potential False Claims Act liability by taking steps to ensure that its interpretation of the ambiguous provision is reasonable under the circumstances, says Taylor Chenery of Bass Berry & Sims PLC.
The Patent Trial and Appeal Board is affirmed far more often than it is reversed at the Federal Circuit, and arguments about procedural defects with the PTAB process have proven particularly unsuccessful. However, arguments about the burden of production might well be an exception. This point is neatly illustrated in two recent cases — Natural Alternatives and Dynamic Drinkware, says Gregory DeLassus of Harness Dickey & Pierce PLC.
As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.