Appellate Archive » March, 2009

Appellate - March, 2009

198 articles

• 7th Circ. Shoots Down Bias Suit Over Sergeant Exam
• 5th Circ. Lets Lilly Off Hook In Zyprexa Suicide
• Consist Can't Sue Over Trademarks: 2nd Circ.
• High Court Affirms $79.5M Award In Philip Morris Case
• Terrorism No Issue In Nuclear Relicensing: 3rd Circ.
• Wash. Hydrogen Fuel IP Spat Stayed For Arbitration
• Cordis, Boston Sci. Infringed Stents: Fed. Circ.
• No Stay Of SF Employer Health Care Law: High Court
• Electric Co-Op Wins Bid To Return Suit To State Court
• Justices Weigh Price Waterhouse In Mixed-Motive Suit
• The Influence Of Interim Re-Exam Decisions
• Claims V. TJX Don't Belong In State Court: 1st Circ.
• Toxic Torts V. Dow To Remain In State Court: 9th Circ.
• Calif. Eatery's Tip-Share Rule Survives Waiter's Action
• DOJ Challenges Anadarko Win In Royalty Relief Case
• High Court Mulls Ch. 11 Judges' Power To Bar Suits
• 11th Circ. Drops Europeans From Crash Suit V. Cessna
• Multiple Policy Limits In Enviro Cleanup Actions
• CORRECTED: 11th Circ. Sides With Feds In Endotec Device Suit
• Judge Eases Way For Appeal In Crash Suit V. Cessna
• Claim Deficiencies Doom Shareholders Suit V. Ramp
• Texas High Court Spares Exxon $18M Jury Award
• T-Mobile Class Action Waiver Unenforceable: 9th Circ.
• Injunction Vacated In Chicago Police FLSA Spat
• Appeals Court Expands Notice In Prodigy D&O Suit
• 3rd Circ. Interprets Local Controversy Under CAFA
• Law Preempts State Vaccine Liability Claims: 3rd Circ.
• Court OKs Circuit City's Sale Of Canadian Unit
• 4th Circ. Upholds Md.'s Funeral Home Law
• Senate Bill Would Put Kibosh On Mountaintop Mining
• 9th Circ. Revives Suit Against Gap Over Work Wear
• Lyondell Execs Escape Investor Suit Over Merger
• Ex-HealthSouth CEO, Former Gov. Seek Rehearing
• Blue Cross Settlement With NJ Docs To Get 2nd Look
• Revival Of USPTO Rules Spurs Call For Appeal
• Calif. Wage Suit Not Preempted By US Statute: Court
• Insurer Can't Recoup $5M Payout To Builder: 3rd Circ.
• Sharp Appeals LCD Ruling In Battle With Samsung
• NJ Court Reverses Forum Rulings In Insurance Cases
• SCOTUSblog Keeps Eagle Eye On High Court
• Profane Judge Booted From Shell Oil Contract Spat
• Pipeline Repair Patent Invalid By Prior Use: Fed. Circ.
• Blank Rome Doesn't Owe Recruiter Merger Fee: Court
• Sanctions Excessive In ClearValue Suit: Fed. Circ.
• High Court Won't Take Mich. ERISA Preemption Case
• Arbitration Rule Can't Kill Atty's Sex Bias Suit: 3rd Circ.
• $14M Settlement Reached In Dura Securities Suit
• EPA To Scrutinize Surface Coal Mining Permits
• NY Court Revives Workers' Silica Inhalation Suits
• White Police Officers Lose Race Bias Case In 1st Circ.
• US Exempt From Weather Warning Liability: 11th Circ.
• No Appeals For Coverage-Only Rulings: Ohio Court
• 4th Circ. Squashes Termite Killer Price-Fixing Suit
• LA's Clean Truck Program Is Preempted: 9th Circ.
• Tafas V. Doll — Round II: 1 Down, 3 To Go
• 7th Circ. Tosses RICO Suit Over Winterland Takeover
• Trademark Suits Can Be Covered As Ad Injury: Court
• 9th Circ. Revives FedEx Managers' OT Class Action
• Court Won't Vacate Preemption Ruling In Redux Suit
• Ex-Peregrine Execs Prevail In Shareholder Appeal
• Calif. Court Clarifies Seniority Rules For School Layoffs
• Waupaca Denied Appeal In FLSA Class Action
• High Court Won't Hear Apotex's Risperdal Appeal
• High Court Grills US In Enron Double Jeopardy Case
• Calif. Court Revives $6M Plane Suit V. Boeing, Others
• High Court Snubs Case On Debtor's IP License Rights
• UK Court OKs BSkyB Appeal Of ITV Divestiture Order
• E-Pass Sanctioned In Smart Card Patent Suit
• DC Circ. Upholds EPA Emissions Reporting Exception
• Impacts Of Allison Engine On E-Rate Programs
• Fed. Circ. Sides With USPTO In Tafas Case
• Madoff To Stay Behind Bars Until Sentenced: 2nd Circ.
• Ky. Supreme Court Reverses Toyota FLSA Ruling
• 6th Circ. Backs Mich. Ban On Discretionary Clauses
• Feds Join Challenge Of FERC Decision In LNG Case
• 11th Circ. Revives JC Penney Age Bias Case
• Constellation, PPL Settle Emissions Contract Spat
• Insurers On Hook In Lone Star Asbestos Suit: Court
• Insurer Still On Hook In Globe Libel Suit: 1st Circ.
• EU High Court Maintains €10M Cartel Fine V. ADM
• 8th Circ. Shuts Down Qui Tam Suit V. Hypoguard
• Paper Wins Access To County's Sex Harassment Deal
• Ind. Cleanup Case Not Time-Barred: 7th Circ.
• 2nd Circ. Eyes Fees In $22M Modeling Antitrust Case
• 2nd Circ. Sends Back Tiff Over NASD-NYSE Merger
• Fed. Circ. Vacates Conduct Ruling Over Door Patent
• IP Suits Continue Downward Trend In 2008: Report
• A Closer Look At In Re National Gas Distributors
• P&G Prevails In Dishwasher Detergent Patent Spat
• Early Antitrust Dismissals Pile Up Post-Twombly
• Power Co. Can't Alter New Pricing Model: DC Circ.
• Dura To Williams: Loss Causation Threshold
• Clarifying 'Sudden And Accidental' Pollution Coverage
• Appeals Court Revives Antitrust Case V. Quixtar
• GSK Not Liable For La. Paxil Suicide: 5th Circ.
• LG Patents Exhausted In Hitachi Case: Court
• Payoffs Don't Preclude FERC License: DC Circ.
• New Post-Wyeth Proposed Claims Filed V. Medtronic
• CORRECTED: 6th Circ. Affirms $4M Verdict V. Lawyer, Claims Rep
• Philip Morris Loses Round In 'Light' Marketing Case
• 8th Circ. Will Not Rehear Qwest Billing Fraud Suit
• Insurer Must Indemnify In CERCLA Suit: 1st Circ.
• Pressman's Profanity Not NLRA-Protected: 4th Circ.
• Pacific Energy Gets Creditor Protection In Canada
• Law Firm Can't Use SLAPP Law V. Insurer: Court
• Fed. Circ. Upholds $5M Patent Judgment For Alaris
• 1st Circ. Backs NLRB In Confidentiality Rule Rejection
• Tuna Cos. Dodge Calif. Mercury-Labeling Requirement
• Christian College Exempt From NLRB Order: DC Circ.
• 5th Circ. Tosses Part Of State Farm Katrina Award
• Judge Denies Nacchio's Bid To Remain On Bail
• Insurer Must Defend Alleged Counterfeiter: 7th Circ.
• Lloyd's Can't Defer Interest On Asbestos Claims: Court
• NJ Appeals Court Nixes $2.6M Ruling Against Roche
• 6th Circ. Nixes $10M In Damages V. New York Life
• Jury Hits Exxon With $150M Payout For Gas Leak
• DC Circ. Upholds FCC Denial Of Spectrum License
• Court Leans Toward Stay In Nvidia, Rambus Battle
• Tousa Noteholders' Cash Collateral Appeal Spurned
• 8th Circ. Nixes Enviro Group Bid To Halt Power Plant
• Rambus Appeals Patent Ruling Over Shredded Docs
• 5th Circ. Denies Yahoo Home Court Advantage V. AA
• BAPCPA To Blame For Circuit City's Demise: Experts
• Wilma Claim Issue Sent To Fla. High Court
• Del. Court Admits Mistake In $11M AT&T Options Case
• $397M Judgment Entered In Rambus, Hynix Case
• Oxycodone Method Obvious: Fed Circ.
• Ariz. E-Verify Case Could Be Headed To High Court
• Flonase Antitrust Plaintiffs Can Revise Class Bid
• Earth Island's Tighter Standing Requirement
• Beards No Impediment To Fighting Fires: DC Circ.
• DC Circ. Revives Retaliation Claim In Bias Suit V. Fed
• Calif. Supreme Court Sides With State In Stringfellow
• Nacchio Asks District Court For Continued Release
• Medtronic Plaintiffs Can Revise Pleadings Post-Wyeth
• 5th Circ. Denies Halliburton, Era Indemnity Claims
• High Court Remands Cases In Light Of Wyeth
• Fed. Circ. To Go En Banc For Method Claims Question
• 8th Circ. Nixes Short-Selling Suit V. DTCC
• Md. Court Revives Gov.'s Child Care Program Order
• RJ Reynolds' Bid For Cert Nixed In Star Patent Battle
• 10th Circ. Cuts Off Ex-AT&T Workers' ERISA Action
• LP Off Hook For Repair Costs Over Faulty Siding
• Fed. Circ. Awards Mars Interest In Coin Patent Spat
• Appeals Court Vacates Shell Offshore Drilling Decision
• Supreme Court Grants Cert To Mutual Fund Fee Case
• Feds, Ore. Create Tool For Identifying CWA Waters
• Preemption Motion Withdrawn In NuvaRing MDL
• MarkWest Pipeline Fixes Not Insured: 10th Circ.
• High Court Won't Hear Apotex Appeal Over Prilosec
• Justices Won't Allow InfoSpace Founder's $247M Suit
• Pilots Union Can't Stir Trouble At United: 7th Circ.
• High Court Seeks SG Input In Banking Privacy Suit
• SF Employer-Funded Health Care Appeal Nixed
• WilmerHale Partner, DOJ Attorney Join SEC
• Nacchio Asks For Bail, New Trial In Trading Case
• DOJ Likely To Appeal Kerr-McGee Oil Royalty Ruling
• Fed. Circ. Rulings Shake Up IP Landscape
• Barn Door Open For Coarse Particulate Regulation
• HealthSouth CEO, Gov. Get Little Relief In 11th Circ.
• Repealing Leegin Could Harm Consumers: Experts
• 2nd Circ. Remands $15.6M Claims Award V. Delta
• The High Court's 'Invite' In American Needle V. NFL
• Bilski Test Dooms Marketing Paradigm Patent App
• Plaintiffs Push To Alter Class Motions In Flonase MDL
• Patent Contributor Not 'Co-Inventor': Fed. Circ.
• 9th Circ. Shuts Down Laptop Defect Action Against HP
• Fund Boss' Conviction Restored In $15M Fraud Case
• 4th Circ. Affirms Verdict Against Pfizer In FMLA Case
• Grace Can Seek Cleanup Costs From Zotos: 2nd Circ.
• Weighing Lawyer Employment Agreements In Mass.
• Amicus Brief Claims Bilski Test May Hurt Innovation
• Fed. Circ. Upholds Special Patent Expert Appointment
• Dems Push To Undo Riegel After Wyeth Ruling
• Applera Wins Final Judgment In Enzo Patent Fight
• Door Remains Slightly Ajar For Monsanto Defendants
• Whistleblowing DVI Lawyer Wins SOX Case
• Impact Of Wyeth Decision To Be Broad, Immediate
• Court Upholds BofA Win In Trade Secrets Spat
• DOJ Appellate Pro Returns To Sidley Austin
• Congoleum Judge Stays Dismissal Pending Appeal
• Pork Groups Suit Over Emissions Belongs In DC: EPA
• High Court Rejects Preemption In Wyeth
• SC Court Tightens Rules For Trade Secrets Discovery
• 9th Circ. Backs EPA's San Joaquin Air Quality Blessing
• Slow Death Of Section 2 Of The Sherman Act
• Green Groups Can't Fight Forest Rules: High Court
• Amicus Brief Asks High Court To Ease Bilski Test
• Wells Fargo's Bid For Enviro Damage Coverage Nixed
• High Court To Weigh Ledbetter Law In Suit V. AT&T
• 8th Circ. Restores OSHA's Right To Cite Employers
• Agent Orange Crusade Ends In High Court Refusal
• High Court Mulls Seaman's Punitive Damages Claim
• 9th Circ. Overturns WR Grace Witness Ban
• High Court Takes On Database Copyright Case
• DTT Denied Interlocutory Appeal In Parmalat Case
• High Court Mulls Arbitration Act In Andersen Appeal
• Massey Judicial Bias Case Goes Before High Court