Appellate Archive » August, 2009

Appellate - August, 2009

224 articles

• Calif. Ruling Spotlights Risks Of Secret Cameras
• 2nd Circ. Wants More Info On $23M Soybean Ruling
• Texas Supreme Court Sets E-Discovery Protocol
• Delta Financial Looks To 3rd Circ. In Coverage Spat
• St. Paul Not Off Hook For AOL Privacy Suits: 9th Circ.
• DOE Can Split Nuclear Site Cleanup In Two: 2nd Circ.
• Conn. High Court Bars DMV Contractor's $9M Claim
• Yahoo Appeals $6.6M Verdict In Online Ad Case
• 8th Circ. Rules In Epic Spat Over Crooked Coin Shop
• 9th Circ. Sinks Toolmaker's Appeal Of Antitrust Suit
• Rio Fights Exhaustion Order In Human Rights Suit
• 5th Circ. Reverses Wilshire Duty To Defend Ruling
• JCM Seeks 'Exceptional' Ruling In Mars Patent Spat
• Triune Drops Appeal Of Sanctions Over Phone IP Suit
• 9th Circ. Backs Feds In Sale Of Offshore Oil Leases
• Gay Man Can Claim Gender Stereotyping: 3rd Circ.
• FedEx Loses Bid To Toss $1.2M Discrimination Suit
• DC Circ. Strikes Down Cable Market-Share Cap
• 2nd Circ. Says No Jurisdiction Over NRC Exemptions
• 6th Circ. Affirms Dismissal Of Fen-Phen Case
• Spectrum Exits Ch. 11 With $840M Less In Debt
• 7th Circ. Affirms FCA Suit Toss Due To Atty's Conduct
• Del. High Court Keeps Insurer's Intel Suit Alive
• 7th Circ. Remands $37M Fine For Weight-Loss Guru
• Fed Asks To Hold Off On Producing Bailout Records
• Green Group Seeks Cert For Mountaintop Mine Case
• Religious Bias Suit Against Wis. School District Nixed
• 1st Circ. Sides With Insurers V. Equipment Lessor
• Missing Pants Judge To Appeal Reappointment Claim
• Life Time Fitness Wins Minn. FLSA Action On Appeal
• Reinsurers Appeal Arbitration Panel Appointment
• The House Of Lords Stance In Wasa V. Lexington
• Xcel Fails To Broaden Coverage For $120M Cleanup
• Upholding SEC Authority To Discipline Accountants
• Apple Faces Monec Appeal In Patent Suit Over IPhone
• Microsoft Appeals $290M Patent Ruling For I4i
• 11th Circ. OKs Sanctions Against Shavitz In FLSA Suit
• 1st Circ. Nixes Insurer's Appeal In Attachment Fight
• Abercrombie Wins Leave To Appeal Class Cert. Ruling
• 2nd Circ. Hands GSK A Win In Avandia Securities Suit
• 10th Circ. To Rehear Hydro Appeal Over Mine Permit
• Insurer Must Share Docs In Wiles Policy Spat: 6th Circ.
• Shipper Fights Columbia Gas Antitrust Suit Dismissal
• A Cautionary Tale: Boucher V. Shaw
• 10th Circ. Strips Novell Of Unix Copyright
• Pa. Appeals Court Revives Challenge To Sewage Rule
• Ky. Appeals Court Bolsters Economic Loss Rule
• 7th Circ. Says Apex Cleanup Not Discharged In Ch. 11
• Commerce Appeals Shrimp Duty Ruling To Fed. Circ.
• Vt. Court Says State Law Applies To Umbrella Policies
• Texas Appeals Court Upholds Insurer's Noncompete
• NH High Court Pulls Oil Cos. Back Into MTBE Suit
• Mass. Court Favors Employee In Classification Suit
• USA Cab Drivers' Class Cert. Appeal Denied
• Marsh & McLennan Fights Refusal To Bar State Claims
• Good News For Opponents Of Class Certification
• Considering Summary Judgment After KSR
• Court Affirms Ford, GM Liable For Mechanic's Cancer
• Stanford To Remain Behind Bars
• La. Insurer To Pay $6M To Continue Katrina Appeal
• Microsoft Wins Speedy Review Of Word Appeal
• Partnership Interests Qualify As Securities: DC Circ.
• What's Cookin' In Dallas? Cuban And The SEC
• 10th Circ. Nixes Union Carbide Radiation Suit
• Fed. Circ. To Revisit Ariad, Lilly IP Dispute En Banc
• 3rd Circ. Revives Retaliation Claim Against Bloomberg
• 2nd Circ. Nixes Star Gas Securities Fraud Action
• Mich. Class Actions — How Rigorous Is 'Rigorous?'
• 9th Circ. Mostly Affirms FLSA Ruling For Lojack
• 2nd Circ. Upholds Yahoo Win In Webcasting Dispute
• Property Rights Fight Brewing Before High Court
• Calif. Nazi-Looted Art Statute Preempted: 9th Circ.
• Dow Takes NMFS Pesticide Challenge To 4th Circ.
• 9th Circ. Rejects Rehearing On Norvir Antitrust Deal
• Wham-O Seeks To Protect 'Hula Hoop,' 'Frisbee' Marks
• US Policy Trumps Calif. Insurance Law: 9th Circ.
• Shareholders To Appeal Kmart Suit To 2nd Circ.
• Arbitration Order Nixed In La. Mineral Rights Fight
• SAP Loses Appeal In Sky's Software Patents Suit
• Fed. Circ. Whacks IP Suit Over Hybrid Tennis Court
• Federal Pleading After Twombly And Iqbal
• Jasco V. Dana — Back To Bankruptcy
• Raytheon Beryllium Suppliers Must Face Suit: 1st Circ.
• No Brand Drugs For Iowa Medicaid Patients: 8th Circ.
• 7th Circ. Lets Wis. Gas Dealers Join Suit Over Markups
• 2nd Circ. Denies Class In Hartford Disability Spat
• Investor Falls Short In AOL Short-Swing Trade Appeal
• InBev Antitrust Case Goes To 8th Circ. For Next Round
• 7th Circ. Upholds DOL's New Immigrant Work Rules
• Fed. Circ. Obviousness Vs. SCOTUS Precedent
• Method Patents Not Covered By 271(f): Fed. Circ.
• Fed. Circ. Upholds Wal-Mart Win In RFID Patent Suit
• 5th Circ. Unsure Of Jurisdiction For Aetna Suit
• 11th Circ. Grounds Pilot's Defective Plane Suit
• Health Fund Takes Seroquel Fraud Suit To 11th Circ.
• Microsoft Appeals $290M Patent Infringement Ruling
• Mylan Fights Decision Blocking Generic Benicar
• Communicating Effectively When Bad News Breaks
• 4th Circ. Denies Venture Capital Fraudster New Trial
• 2nd Circ. Hands Venezuela Win In $210M Mining Suit
• Duke Energy To Appeal Ruling In Power Plant Suit
• Gov't Misconduct Means New Trial For Brocade CEO
• DOJ Won't Fight Latest Nacchio Sentencing Decision
• Medtronic Units Appeal Globus Patent Judgment
• SEC Seeks Appeal In Lucent Fraud Case
• Guess Founder Seeks To Stay $370M Libel Judgment
• Pa. High Court To Hear College Labor Dispute
• 3rd Circ. Says SEC Must Rule On PHLX Fee Dispute
• 8th Circ. Moots Mining Co. Emissions Injunction
• Limitations Issue Revives Nestlé Model's Suit
• 10th Circ. Remands Energy Consultant Copyright Suit
• 9th Circ. Sides With EPA In Goodrich CERCLA Spat
• Last Barrier To Rambus DRAM Antitrust Trial Lifted
• High Court Asked To Limit Juries' Role In Patent Suits
• Sanofi Appeal Puts Hospira's Generic Eloxatin On Hold
• Burden Lies With Cos. In Price-Fixing Pacts: AAI
• When 'Other Insurance' Clauses Conflict
• Ford Will Face Retaliation Claim In Race Bias Suit
• 10th Circ. Sides With Attorney In Fee Fight
• Fed. Circ. Sinks Fishing Co.'s Fee Bid
• Fed. Circ. Orders New Trial In Golf Ball Patent Feud
• 8th Circ. Upholds Dismissal Of Retaliation Claims
• Insurer Off Hook For Custom Hardware Copyright Suit
• 9th Circ. Again Rules Logging Plan Should Be Halted
• IRS Gets 1st Circ. To Limit Work Product Privilege
• Maritime Cos. Appeal Insurer's Win Over Tanker Crash
• USDA Appeals Roadless Rule Ban To 10th Circ.
• Foley Can ID Anonymous Witness To Client: 4th Circ.
• 5th Circ. Upholds $1.1M Award In Katrina Boat Crash
• 5th Circ. OKs SeaQuest Ch. 11 Claim Subordination
• Philip Morris To Appeal $5M Verdict For Widower
• Comedy Club V. Improv West: Calif. Noncompetes
• CP Ships Deal Covers Foreign Plaintiffs: 11th Circ.
• Bilski Test Shouldn't Be Sole Standard: Amicus Brief
• 5th Circ. Affirms Denial Of Class In Belo Fraud Case
• Court Rules Firefighter Age Limits Unconstitutional
• Ex-IGT Counsel Are SOX Whistleblowers: 9th Circ.
• 5th Circ. Sends Ensco Rig Debris Suit Back To Dallas
• US Off Hook In Lake Mich. Lead-Bullet CWA Case
• 3rd Circ. Denies Cintas Workers Punitive Damages
• US Shrimpers Fight Lower Duties On Indian Imports
• Hernandez V. Hillsides: Evolving Calif. Privacy Law
• Del Monte Torture Claims Shifted To Guatemala
• Demand For The Patented Product — Lower Bar?
• Workers Can't Sue Coke Bottlers For Torture: Court
• Md. Fails To Win Rehearing Of 4th Circ. Liquor Ruling
• Stanford Investors Appeal Interest Freeze On Assets
• $22M Bad Faith Judgment Against United Fire Affirmed
• Fed. Circ. Affirms Evidence Exclusion In Hyatt Case
• 1st Circ. Revives Qui Tam Claims Over Procrit AWP
• Snapple 'Natural' Label Suit Not Preempted: 3rd Circ.
• 2nd Circ. Nixes FERC License For NY Hydro Plant
• China Slams US 'Protectionism' In Tire Import Spat
• No Prejudgment Interest In Goodyear Suit: 10th Circ.
• 7th Circ. Affirms Arbitration Award In Insurers' Spat
• Merck Swaps Lead Attorney For Vioxx Appeal
• Fed. Circ. Affirms Rejection Of Tire Patent Application
• Getting A Clean Safety Record Into Evidence In Calif.
• DC Circ. Remands Airlines' LAX Rent Dispute To DOT
• SEC Asks 5th Circ. To Block Stanford Clawback Bid
• SCOTUS 2008: Labor, Employment Law Roundup
• Mass. View On Pro-Rata 'Time-On-The-Risk' Allocation
• 4th Circ. Orders Cert. In Nucor Workers' Race Bias Suit
• GGP Asks Judge To Toss Ch. 11 Appeal
• Ex-Westar Execs Must Face 3rd Trial: 10th Circ.
• Texas Court Reverses Ruling On Oil Cos.' Covenant
• DOE To Revisit Transformer Efficiency Standards
• Revisiting Ariad V. Eli Lilly
• Pool Defect Claims Contractual, Not Tort: 5th Circ.
• 8th Circ. Hands Contractor Win In Insurance Spat
• Mixed Ruling In 6th Circ. McDonald's FLSA Appeal
• HVB, Sidley Austin, LeBoeuf Escape Ga. RICO Claims
• News Giants Back Publication Of 'Catcher' Spinoff
• Bilski Test Stifles Innovation Across Industries: Briefs
• Power Transmission Cost-Sharing Plan Unfair: 7th Circ.
• Honeywell Appeals Judgment In LCD Patent Case
• AT&T Option Coverage Suit Rightly Tossed: Court
• Enviros Take Idaho Mine Expansion Suit To 9th Circ.
• ERISA Litigator, Pa. Judge Picked For Appeals Courts
• Bankrupt Frontier, Teamsters Settle Contract Dispute
• 4th Circ. Sides With McGuireWoods In FMLA Spat
• Court Approves $10M Settlement In Norvir Pricing Suit
• Fuji Defendants Ask Court To Stay $16M Award
• 'Keep The Change' Award Stayed Pending Bilski
• 9th Circ. Keeps IP Spat Between Calif. Firms Alive
• 9th Circ. Denies Bonneville Power's Bid For Rehearing
• Bilski Test Too Tough On Patent Eligibility: Briefs
• Cigarette Co. Loses Bid To Depose Ark. AG
• 5th Circ. Nixes Boeing Workers' FLSA Action
• No Duty To Defend For Insurer In AARP Suit: 5th Circ.
• Sierra Pacific Seeks $20M In Dam Coverage
• Exxon, DuPont Sue Alumax Over NJ Landfill Cleanup
• Senate Confirms Sotomayor For Supreme Court
• 1st Circ. Says Insurer Can't Collect On Settlement
• The State Of Pa. Product Liability Law
• 3rd Circ. Vacates Cert. In Tanning UV Warning Suit
• Aon To Appeal $32M Loss In Reinsurance Spat
• C&D Appeals $29.2M Award In Pregnancy Test Suit
• Fed. Circ. Affirms Invalidity Of Bayer's Yasmin Patent
• 9th Circ. Backs Ban On Road Building In US Forests
• Ford Fights For Refund Of Unconstitutional Export Tax
• Workplace Retaliation In Post-Crawford Investigations
• Foreign Office Actions — The Question Of Disclosure
• Mass. High Court Nixes New Trial In Skycap Tips Case
• 9th Circ. Overturns CFTC Victory
• Secret Camera Didn't Violate Privacy: Calif. High Court
• 4th Circ. Revives BearingPoint Shareholder Action
• 9th Circ. Affirms NLRB Ruling In Hospital OT Spat
• 5th Circ. Affirms Exxon Asbestos Case Dismissal
• Clarifying Time Limits For Follow-On Damages Claims
• Analysis: Biltmore Assocs. V. Twin City Fire Ins. Co.
• Bill Introduced To Overturn Stoneridge
• Enviros To Appeal Dismissal Of Duke Energy Suit
• Federal Rights Trump State On La. River: 5th Circ.
• 2nd. Circ. Sets High Bar For Out-Of-District Atty Fees
• Fed. Circ. Revives Bereskin & Parr Malpractice Suit
• McCain Says No, Nelson Says Yes To Sotomayor
• A&R Loses Bid To Stay Doc Production In Lease Spat
• 2nd Circ. Revives $20M Dana Trade Secrets Suit
• 3rd Circ. Revives IP Spat Over Electrical Connectors
• Katrina Victims Seek Cert For State Farm Suit
• CSC Workers Appeal ERISA Action To 9th Circ.
• Standing To Challenge Corporate Searches?
• 9th Circ. Nixes Tata Bid To Send Worker Suit To India