AppellateRSS

  • July 22, 2009

    2nd Circ. Backs Dismissal Of Medis Securities Suit

    A federal appeals court has affirmed the dismissal of a securities fraud suit against Medis Technologies Ltd. brought by investors alleging that a 2007 news release by the fuel cell company overstated its relationship with Microsoft Corp., briefly driving up the price of Medis stock.

  • July 22, 2009

    Level 3 Appeals Patent Ruling In Favor Of Limelight

    Level 3 Communications LLC has appealed a January judgment in favor of Limelight Networks Inc. in the ongoing patent dispute between the two companies related to Internet content delivery network technology.

  • July 22, 2009

    Grupo Unit Appeals $1.4B Ruling In Asarco Case

    A unit of mining giant Grupo Mexico SAB is appealing a ruling that it is on the hook for $1.38 billion in cash and a stake in lucrative Peruvian copper operations to Asarco LLC, in a case alleging Grupo fraudulently shifted the shares, tipping Asarco into bankruptcy.

  • July 21, 2009

    1st Amend. Trumps Teacher's Age Bias Claim: Court

    A school teacher cannot bring an age discrimination claim against a Catholic school because the claim “unconstitutionally impinges” on her employer's right to religious freedom, Wisconsin's highest court has ruled.

  • July 21, 2009

    Qualcomm, Others Denied Stay Pending Patent Appeal

    Qualcomm Inc., Spansion Inc. and three other technology companies have failed in their bid to stay limited exclusion and cease-and-desist orders against them pending an appeals court's review of a U.S. International Trade Commission decision regarding semiconductor chip patents in Tessera Technologies Inc.'s favor.

  • July 21, 2009

    Fed. Circ. May Take Damages Issue Into Own Hands

    As Congress continues to struggle with whether to limit damages in patent infringement litigation, two cases are up before the U.S. Court of Appeals for the Federal Circuit that may be used to shed some light on when a patentee should be entitled to recover damages on the entire market value of a product.

  • July 21, 2009

    DC Circ. Tells SEC To Re-Examine Annuity Rule

    A federal appeals court on Tuesday ordered the U.S. Securities and Exchange Commission to take a second look at a rule that classified fixed indexed annuities as securities and subjected them to federal regulation, saying that the commission had not properly taken into account the effects on insurance companies that sell the products.

  • July 21, 2009

    High Court Rulings Spark Talk Of New Civil Rights Act

    The U.S. Supreme Court's return to pro-employer form in its latest term has raised the ire of some Democratic lawmakers — and raised the prospect of the first major overhaul of the Civil Rights Act since 1991, according to experts.

  • July 21, 2009

    State Farm Florida Rate Hikes Snuffed

    A Florida appeals court has backed the decision by the state’s insurance regulator to bar cash-strapped State Farm Florida Insurance Co. from hiking home insurance rates by 47 percent.

  • July 21, 2009

    9th Circ. Rejects Trout Groups' FERC Challenge

    The Federal Energy Regulatory Commission did not err when it denied two trout advocates' bids for late intervention in a proceeding to change water flow at a California dam to protect an imperiled toad at the expense of the rainbow trout, a federal appeals court has ruled.

  • July 21, 2009

    Frontier Rejection Of Teamsters Contract Overturned

    A district court has overturned a ruling allowing bankrupt Frontier Airlines to reject one of its union contracts after finding that the bankruptcy judge improperly considered proposals submitted after the start of the rejection hearing.

  • July 21, 2009

    Fireman's Fund To Appeal Asarco Insurance Deal

    The Fireman's Fund Insurance Co. has signaled its intention to appeal an insurance settlement between Aviva Canada Inc. and bankrupt copper mining giant Asarco LLC that received bankruptcy court approval earlier this month.

  • July 21, 2009

    Forex Capital Found Not Liable For Broker's Fraud

    Foreign exchange trading platform Forex Capital Markets LLC does not bare any vicarious liability for a partner company that was found guilty of defrauding investors in 2005, a federal appeals court ruled Tuesday, rejecting an appeal filed by the U.S. Commodity Futures Trading Commission.

  • July 21, 2009

    10th Circ. Affirms Dismissal Of Qwest ERISA Suit

    A federal appeals court has affirmed the dismissal of a class action that challenged changes to a Qwest Communications International Inc. employee benefit plan that eliminated a death benefit.

  • July 21, 2009

    Fed. Circ. Thaws Injunction In Fridge Shelf Patent Spat

    A federal appeals court has upheld the construction and validity of a patent claim for a refrigerator shelf, rejecting Saint-Gobain Corp.'s efforts to overturn a permanent injunction won by appliance component maker Gemtron Corp.

  • July 21, 2009

    Reichhold To Cross-Appeal Smelting Site Judgment

    Reichhold Inc. has said it will file a cross-appeal in response to United States Metals Refining Co.'s appeal of a finding that Reichhold is not liable for any metal contamination at a New Jersey smelting site previously owned by USMRC.

  • July 20, 2009

    Solvay, Watson Say AndroGel Deals Are Legal

    Solvay Pharmaceuticals Inc. and Watson Pharmaceuticals Inc. are aiming to throw out the Federal Trade Commission’s suit that alleges patent settlements over the testosterone supplement AndroGel restrained competition, arguing that the settlements are legal under an appeals court’s precedent.

  • July 20, 2009

    EPA Reopens Struggle Over Coeur's Gold Mine Permit

    After a long struggle, Coeur d'Alene Mines Corp. thought it had finally gained permission to dump tailings from a gold mine into an Alaskan lake when it won a case in June before the U.S. Supreme Court. Now, however, the U.S. Environmental Protection Agency is asking the Army Corps of Engineers to take yet another look at the matter.

  • July 20, 2009

    Sills Cummis Off Hook For Ex-Attorney's Advice

    A New Jersey appeals court has found that law firm Sills Cummis & Gross PC should not be held liable for legal advice Fox News Channel commentator Andrew Napolitano gave under a private agreement while he was a member of the firm in the late 1990s.

  • July 20, 2009

    6th Circ. Affirms Viatical Policy Estate Distribution

    An appeals court has ruled that a district court properly handled the receivership estate for a pool of almost $250 million in viaticated life insurance policies purchased by Trade Partners Inc.