AppellateRSS

  • August 3, 2009

    Fed. Circ. Revives Bereskin & Parr Malpractice Suit

    Security system company Touchcom Inc.’s malpractice suit against Canadian intellectual property boutique Bereskin & Parr LLP is back on track following a federal appeals court's ruling that a lower court has personal jurisdiction over the firm and one of its attorneys.

  • August 3, 2009

    McCain Says No, Nelson Says Yes To Sotomayor

    With debate on the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court slated to begin Tuesday, two U.S. senators with reputations for unpredictability have announced that their votes on the nomination will reflect party lines.

  • August 3, 2009

    A&R Loses Bid To Stay Doc Production In Lease Spat

    Adams & Reese LLP has lost its bid to stay an order to produce communication between the firm's attorneys and in-house counsel about compliance with ethical duties, in a suit brought by Asset Funding Group LLC over A&R’s alleged conflict of interest during the 2005 bankruptcy of Evans Industries LLC.

  • August 3, 2009

    2nd Circ. Revives $20M Dana Trade Secrets Suit

    A federal appeals court has revived Jasco Tools Inc.’s $20 million lawsuit alleging that Dana Corp. conspired with Jasco’s former employees to misappropriate the precision machining company’s trade secrets.

  • August 3, 2009

    3rd Circ. Revives IP Spat Over Electrical Connectors

    A federal appeals court has revived a trade information dispute between rival energy products makers Thomas & Betts Corp. and Richards Manufacturing Co. stemming from a contract Richards won to provide electrical connectors to Consolidated Edison Co. following the company's hiring of a former Thomas engineer.

  • August 3, 2009

    Katrina Victims Seek Cert For State Farm Suit

    Lawyers for a couple denied coverage by State Farm Fire and Casualty Co. for the destruction of their home during Hurricane Katrina have asked the U.S. Supreme Court to overturn an appeals court decision letting State Farm off the hook for bad faith conduct, saying it rewrites Louisiana law about when an insurer should be penalized for acting in bad faith.

  • August 3, 2009

    CSC Workers Appeal ERISA Action To 9th Circ.

    Computer Sciences Corp. employees are challenging the summary dismissal of a proposed class action accusing the technology company of mismanaging their 401(k) plans by investing in its own stock, which took a dive in the wake of reports of options backdating by CSC executives.

  • July 31, 2009

    9th Circ. Nixes Tata Bid To Send Worker Suit To India

    A federal appeals court has upheld a lower court's denial of a bid by India's largest business group to dismiss a putative class action by employees alleging unjust enrichment and allow the dispute to be arbitrated in India.

  • July 31, 2009

    W.Va. High Court Eyes Judge In Massey Case

    The West Virginia Supreme Court has reportedly ordered an investigation into allegations regarding a circuit judge's allegedly improper behavior in a water pollution case against Massey Energy Co.

  • July 31, 2009

    LA Grocery Store Termination Law Shot Down

    A California state appeals court has affirmed the rejection of a Los Angeles city ordinance that would have required new grocery store owners to employ the store's previous employees for 90 days, ruling the law is preempted by state and federal statutes.

  • July 31, 2009

    WARN Suit V. Sun Belongs In District Court: 3rd Circ.

    A federal appeals court has ruled that Sun Capital Partners Inc. can remove a class action filed by laid-off employees of trucking company Jevic Transportation Inc., which Sun owns, to federal court even though Jevic is bankrupt, reversing a decision by a district court.

  • July 31, 2009

    DC Circ. Revives Black Capitol Police Bias Suit

    The U.S. Court of Appeals for the District of Columbia Circuit has overturned the dismissal of an eight-year-old discrimination class action brought by more than 250 black current and former U.S. Capitol Police officers, saying the federal employees could sue despite their failure to attend prelitigation counseling or mediation in person.

  • July 31, 2009

    Court Finds 6-Year Prison Term Not Right For Nacchio

    A federal appeals court panel ruled Friday that a lower court erred when it sentenced former Qwest Communications International Inc. CEO Joseph Nacchio to six years in prison and ordered him to forfeit $52 million.

  • July 31, 2009

    CalPERS Denied Bid To Appeal Lead Plaintiff Status

    A federal judge overseeing securities litigation stemming from Bank of America Corp.'s $50 billion acquisition of Merrill Lynch & Co. has denied a bid to seek appeal of an order granting lead plaintiff status to a group of five public pension funds.

  • July 31, 2009

    Insurers Off Hook For PICA IP Suit: 6th Circ.

    An appeals court has affirmed a ruling against risk management consultant PICA Corp. in a dispute with its general liability insurers, finding that the insurers, Clarendon America Insurance Co. and First Mercury Insurance Co., do not owe defense coverage for a trade secrets suit brought by PICA’s rival.

  • July 30, 2009

    House Panel OKs Bill To Reverse Leegin Ruling

    A U.S. House of Representatives panel has passed through a bill that would override a 2007 Supreme Court decision by making resale price agreements between manufacturers and retailers violations of the Sherman Act, but the legislation may still be subject to change.

  • July 30, 2009

    Class Action Over Chubb Premium Hikes Revived

    Finding the plaintiff does potentially have grounds for a breach-of-contract claim, a federal appeals court has revived a putative class action filed against insurer The Chubb Corp. alleging that the company unlawfully increased its homeowners insurance premiums.

  • July 30, 2009

    8th Circ. Upholds Pilgrim's Pride Trade Secrets Verdict

    A federal appeals court has upheld a jury's verdict finding two former managers of Pilgrim's Pride Corp. not liable for damages, even though the lower court ruled that the managers did misuse trade secrets when they left the company.

  • July 30, 2009

    Attys To Appeal Injunction In Hagens Berman Spat

    Two former of counsel at Hagens Berman Sobol & Shapiro LLP — accused of violating a $360,000 employment contract and refusing to divulge the identities of potential clients in Australia after the firm hired them to expand its international securities litigation practice — are appealing a court order that they reveal the clients' identities.

  • July 30, 2009

    Ex-Dollar General CFO Appeals SEC Relief Injunction

    Former Dollar General Chief Financial Officer Brian Burr has appealed a recent judgment barring him from pursuing a state court suit against the firm seeking reimbursement for penalties levied against him in a 2005 SEC accounting fraud action against Dollar General, Burr and three other executives.