Appellate Archive » October, 2009

Appellate - October, 2009

304 articles

• 11th Circ. Asks Ga. High Court For Insurance Law Input
• 5th Circ. To Take On Dispute Over Stanford Clawbacks
• GHG Appellate Rulings Could Incite Insurance Brawls
• 7th Circ. Hands Victory To Sunstar In Trademark Feud
• Enviro Groups Appeal Ga. Nuclear Plant Permit
• No Coverage For Cinergy Clean Air Act Woes
• Fed. Circ. To Hear EchoStar DVR Patent Appeal
• EU High Court Warns Luxembourg Over Pregnancy Law
• FedEx Wins New Trial Over Intrepid's $7M Award
• Monsanto Retirees Appeal Tossing Of ERISA Action
• Supreme Court Braces For Mutual Fund Fee Fight
• Class Denial Upheld In Calif. DirecTV Fraud Action
• 9th Circ. Affirms Nixing Of $420M Award Against Tyco
• Q&A With Bose McKinney & Evans' George Patton
• Philly Papers' Ch. 11 Sparks 1st Amendment Battle
• 3rd Circ. Affirms Investor Class Against Constar
• UK High Court Plugs Up Creditor Waterfall Clauses
• 9th Circ. Lets Northwest Defend Against Insurer Suit
• BSkyB Appeals ITV Stake Cut Order In London Court
• 7th Circ. Affirms Toss Of Schering-Plough Branding Suit
• Genzyme Fights Dismissal Of D&O Policy Suit
• Calif. Can Regulate Washer Water Amid Crisis: 9th Circ.
• In Re Bilski — Supreme Court Ought To Start Over
• Mayo Asks High Court To Hear Test Patents Fight
• Pitt Sends Radiation Patent Suit Back To Fed. Circ.
• 1st Circ. Rejects Challenge Of LNG Lease Approval
• Ex-Head Of DOJ Civil Division Returns To Jones Day
• Q&A With Briggs & Morgan's Diane Bratvold
• 6th Circ. Takes Law Firm's Side In Malpractice Suit
• 7th Circ. Lets Insurer Off Hook For Atty Malpractice Suit
• 8th Circ. OKs Win For National Casualty In Cumis Case
• 3rd Circ. Resuscitates Countrywide Kickback Case
• Q&A With Eckert Seamans' Robert Graci
• 9th Circ. Says Wash. Plan B Sale Rules Still Stand
• 9th Circ. Revives Matrixx Zicam Shareholder Action
• 3rd Circ. Revives Investor Suit Against Carnegie Mellon
• Fla. Court Reverses $24M Honeywell Asbestos Verdict
• A123 Takes Lithium Battery Patent Spat To Fed. Circ.
• Finisar Shareholders Try To Revive Backdating Suit
• Dismissal Of $1.8B Indian Casino Judgment Appealed
• 10th Circ. Affirms Trans-Western Win In Oil Lease Spat
• 9th Circ. To Hear Boeing Unit Torture Case En Banc
• NY High Court Expands Standing For Enviro Suits
• OK To Nix Insurance Discretionary Clauses: 9th Circ.
• Microsoft Files Cross-Appeal In Uniloc Patent Suit
• 9th Circ. Gives Go-Ahead To AT&T Fee Class Action
• 10th Circ. Finds TMJ Implant Maker Liable For Penalties
• AAI Presses Supreme Court To Back Class Arbitration
• 9th Circ. To Rehear Farmers Race Bias Appeal
• Insurer Not Liable For Top Coverage In SEC Fraud Suit
• Roche Wins Reversal Of $7M Accutane Verdict
• Top Supreme Court Criminal Cases To Watch
• Texas High Court Clarifies Railroad Tort Law
• 2nd Circ. Affirms Ruling In WRL Insider Trading Suit
• Special Ed Teacher Can Claim Retaliation: 9th Circ.
• Q&A With Dinsmore & Shohl's Mark Vander Laan
• Establishing CFAA Violations By Former Employees
• 1st Circ. Rejects Appeal Of Ruling On LNG Project
• Obama Administration Backs Revival Of Vioxx Case
• Product Liability Claimants' GM Sale Appeal Draws Fire
• 3rd Circ. Lets Hartford Off Hook In D&O Coverage Suit
• Roche Appeals Ranbaxy Noninfringement Ruling
• High Court Ready To Rein In Honest Services Fraud
• 9th Circ. Lets Sonics Ticket Holders Keep Class Cert.
• Investors To Appeal Blackstone IPO Suit Dismissal
• ITC To Fight Spansion Stay Order
• Federal Claims Nixed From Honest Services Fraud Case
• Q&A With LeClairRyan's Nancy Reimer
• Ga. County Amends Appeal In Water Rights MDL
• Implications Of DTD Enterprises Inc. V. Wells
• CSX Vows To Appeal Ruling In Katrina Coverage Spat
• Safeco Class Action Belongs In State Court: 7th Circ.
• Video Testimony Proper In AndroGel Probe: DC Circ.
• Costco Case Could Resolve First-Sale Question
• Fed. Circ. Affirms $16M Manufacturing Patent Award
• NJ Court Cleans Up Water Usage Rules For Farms
• Howmet Appeals Loss In EPA Waste Disposal Case
• Anti-Gay Petitioners Don't Merit Anonymity: 9th Circ.
• Hospital Can Lower Nurses' Base Pay Rate: 9th Circ.
• 6th Circ. Revives MPPAA Claim V. United Tech Unit
• Q&A With Kilpatrick Stockton's Adam Charnes
• 5th Circ. Revives Stax Producer's Copyright Suit
• Age Bias Suit Against Klockner Pentaplast Revived
• Congress May Affect Arbitration More Than High Court
• The Patentability Of 'Personalized Medicine' Claims
• 1st Circ. Vacates Remand Of Dentist Case V. Insurers
• 2nd Circ. Rejects IBM Appeal In Noncompete Case
• NY High Court Says Tyco Didn't Breach Cable Contract
• 1st Circ. Hands Astro-Med $1M In Trade Secrets Spat
• Universal Music Shot Down In Bid For Attorneys' Fees
• Ark. High Court To Take Up AEP Plant Approval Case
• NY High Court Lets Stuy Town Tax Break Suit Live On
• Decertification Stands In Canada Vioxx Suit
• 3rd Circ. Rejects Finova Group Equity Holders' Appeal
• Pa. High Court Expands 'Two-Disease' Rule
• Q&A With Edwards Angell's Sander Rikleen
• The Boundaries Of Monitoring Employee E-Mail
• Md. High Court Deals Blow To Insurance Consumers
• Dow Can Fight Ruling On Payments By Trace Int'l
• US Isn't Forum For ImageSat Shareholder Suit: 2nd Circ.
• Parmalat CEO Takes Grant Thornton Suit To 2nd Circ.
• Postal Workers To Appeal Privacy Case To 9th Circ.
• 9th Circ. Affirms Dismissal Of Home Depot Pricing Suit
• 6th Circ. Puts Omnicare Securities Suit On Life Support
• Pepper Hamilton Loses Coverage Bid For Client Fraud
• Columbia Law Profs Stand Up For PCAOB In High Court
• Fed. Circ. Trims Bank's $14.6M Award From S&L Crisis
• Plaintiffs Try To Revive Bear Stearns Fraud Suit
• 11th Circ. Lets Insurer Mostly Off Hook In Strip Club Suit
• 3rd Circ. Remands Conspiracy Charge Against Rigases
• Guidant Investors Lose Bid To Revive Class Action
• Loss Causation Challenges In Securities Cases
• Hunt Oil Wins Reversal Of $5.3M Contract Judgment
• Q&A With Lovells' Marc Gottridge
• 3rd Circ. Tosses Suit Over $1.4M Arbitration Award
• 2nd Circ. Revives Exxon Gas Station Pollution Suit
• 2nd Circ. Blocks Hartford Appeal Of RICO Class Cert.
• Supreme Court Takes Overseas Shipping Contract Case
• 8th Circ. Upholds Toss Of Accounting Firm Fraud Suit
• 2nd Circ. Lets Fire Dept. Off Hook For CERCLA Cleanup
• Tafas Fights Bid To Nix Ruling On USPTO Rules
• Beverage Distributor Seeks New Life For Contract Suit
• Securities Firm To Appeal Winston & Strawn Fee Awards
• 5th Circ. Lets Enron Broadband Exec Off The Hook
• 1st Circ. Sides With Former WMI Chair In Equity Spat
• Q&A With Sutherland's Jerome Libin
• Metaldyne Buyer Says BDC Appeal Of Sale Spurious
• Chrysler, GM: Courts Extend Law On Sales
• High Court To Enter Gun Debate Again
• Canadian Publisher Wins $10M Suit Against Insurer
• Chrysler Dealers Lose Bid To Appeal To 2nd Circ.
• 2nd Circ. Chucks Citigroup ERISA Suit
• Lycos Drops Appeal Of Netflix Noninfringement Ruling
• LG, Others Take Netgear Wi-Fi Suit To Fed. Circ.
• Mass. High Court OKs Smokers' Medical Test Suit
• 5th Circ. Revives Katrina GHG Mass Tort
• Lexmark Printer Cartridge Dispute Heads To 6th Circ.
• Freedom Paper Carriers Appeal OK Of Cash Collateral
• High Court Shields Anti-Gay Petition Signers For Now
• 11th Circ. Seeks Input On Wal-Mart Insurance Suit
• Generics Failure-To-Warn Case Enters Oral Arguments
• 2nd Circ. Gives New Life To DDAVP Antitrust Case
• IP Law Group Gives Fed. Circ. Input In Ariad Case
• Staples FLSA Plaintiffs Appeal Fee, Costs Award
• GE To Pay SonoSite $21M, Royalties Over Ultrasound IP
• Q&A With Baker Donelson's Buck Lewis
• AT&T Seeks Stay, Limit On Pricing Program TRO
• Ala. Supreme Court Stance On Arbitrability
• 11th Circ. Revives Ford Class Action
• 10th Circ. OKs Defiant $2M Award For Legal Abuse
• Court Says Champerty Can't Curb Debt Buyers' Rights
• Ala. High Court Reverses $275M AWP Decisions
• Labor Cases Fill High Court's Plate For Current Term
• 7th Circ. Split On FLSA Coverage Of Oral Complaints
• Q&A With Proskauer Rose's Edward Brill
• 2nd Circ. Blows Over Winter Storm Precedent
• Century Fails Bid To Overturn Ruling For Lloyd's
• Court Nixes Buffalo Firefighters Arbitration Award
• Union Fees Infringe Professor's Free Speech: 2nd Circ.
• Patent Marking Requirements Post TransCore
• Argentine Funds Immune From Attachment: 2nd Circ.
• $21M Verdict In NorthWestern Pension Spat Affirmed
• DOL Backs Novartis Sales Reps In FLSA Suit Appeal
• Southern Farm, Investors Take Dispute To 11th Circ.
• 9th Circ. Affirms Injunction Against VPX Muscle Drinks
• Q&A With Paul Hastings' Stephen Kinnaird
• The FDA Stance On High-Fructose Corn Syrup
• American Signature Appeals Denial Of DOC Injunction
• Q&A With Arnold & Porter's Robert Weiner
• Stanford Receiver's Clawback Bid 'Improper': SEC
• Paul Weiss Off Hook In Ex-Citi Broker's Suit: 2nd Circ.
• Every Penny Counts Asks High Court To Clarify Markman
• Top Fed. Circ. Rulings That Came Down Last Quarter
• Philips Wins En Banc Review In CD Patent Case
• When Is A Foreign Tribunal Not A Foreign Tribunal?
• SC Urges High Court To Nix 3rd Parties In Water Spat
• Microsoft Urges Fed. Circ. To Revisit Lucent Patent
• Justices Air Concerns Over Class Notification Costs
• Stoneridge Bill Sparks Enforcement Debate
• Supreme Court To Review Skilling's Enron Conviction
• Insurers Lose Bid For $11M Tax Refund In Texas
• High Court To Weigh In On Benefits Suit Preemption
• Q&A With Faegre & Benson's Aaron Van Oort
• 9th Circ. Reversal In Dukes V. Wal-Mart Unlikely: Attys
• 3rd Circ. Affirms Dismissal Of IP Atty's Age Bias Suit
• Global Warming Litigation Heating Up?
• Judgment For United Reversed In Mechanic's Bias Case
• Southern Union To Appeal $18M Mercury Case Judgment
• Trial Court Must Rule On Relief In Insurance Spat
• Post-Katrina Repair Workers Get OT Win In 5th Circ.
• BofA Appeals Approval Of Taylor Bean, FDIC Loan Deal
• Adviser Fights $6M Order In Universal Express Case
• Tire Co. Appeals Toss Of Dirt Race Monopoly Suit
• Indirect Purchaser Standing In Federal Court: Take 2
• Q&A With Hogan & Hartson's Cate Stetson
• 9th Circ. Limits SLUSA Scope In Siliconix Action
• DC Circ. Revives Watchdog Suit Over DOC Info Request
• Corps Of Engineers Appeals Hold On Dock Permit
• 5th Circ. Affirms Tossing Of State Farm Katrina Suit
• Exxon Appeals $150M Gas Leak Judgment
• 11th Circ. Upholds Toss Of Crash Claims Over Venue
• Fed. Circ. Vacates Injunction In Baker Hughes IP Suit
• States Seek To Defend Calif.'s Motor Vehicle Waiver
• FERC Appeals Environmental Groups FOIA Win
• 2nd Circ. Backs Telecon After Kyivstar Row Ends
• Ericsson Forecasts Wrong, Not Fraudulent: 2nd Circ.
• Bringing Back Liability For Secondary Actors?
• 1st Circ. Considers Rejecting $24M Zoladex Deal
• Indian Harbor Never Breached Contract: 1st Circ.
• Lloyd's Appeals Remand Of Oil Rig Insurance Spat
• Q&A With Akin Gump's Rex Heinke
• Trump Casino Lender Appeals Exclusivity Ruling
• USPTO Drops Controversial Rules Package
• High Court Hears From Critics Of Mountaintop Mining
• Fen-Phen Attorneys' Fees Of $567M Justified: 3rd Circ.
• No Case Against Attys For Disgruntled Claimant: Court
• Calif. Court Upholds Indirect Source Pollution Rules
• Case Study: Tracy First V. City Of Tracy
• Q&A With Baker & Hostetler's Tom Warren
• Blade Manufacturers Try To Saw Through CIT Ruling
• Contractor Can't Sue Over $9M Bond: Conn. High Court
• Supreme Court Hears Case On Railroad Arbitration
• Perelman Loses Bid To Retry Coleman Case
• SEC Appeals Dismissal Of Mark Cuban Securities Suit
• High Court Weighs Copyright Jurisdiction Dispute
• US Protests WTO Finding On China Public Morals Claim
• Malfunction Theory Nixed In Suit Over Fatal Pa. Fire
• Fed. Circ. Affirms Toss Of Skype VoIP Patent Claims
• 'Litigious' Patent Holder Loses Nokia Phone Spat
• 2nd Circ. Remands $34M Fraud Verdict Against AIG
• Fed. Circ. To Weigh In On Written Description Rule
• Cigna To Pay For Poor Notice Of Pension Overhaul
• Q&A With Fulbright's Jonathan Franklin
• Apple Shareholders Fight To Revive Backdating Suit
• 5th Circ. Tosses Katrina Canal Breach Suits
• 6th Circ. Mostly Nixes Amway Win In Insurance Spat
• Senate Eyes High Court's Effect On Employee Rights
• Lawyer Support Rising For Bill To Reverse Kyocera
• Case Study: Irving Paper V. Atofina Chemicals
• 'Unfair' Chase Arbitration Agreement Stands: Court
• Iqbal Ruling Impact Starting To Be Felt
• McCarter Absorbs Financial Services Boutique Pollack
• 2nd Circ. Halts Release Of Fed Bailout Docs
• 2nd Circ. Finds Rigases' Prison Terms Reasonable
• Pa. High Court Strikes Down Trademark Law
• 'Trigger Lead' Mortgage Claims Lack Merit: 2nd Circ.
• Novartis Plaintiffs Look To 6th Circ. For Help
• Appeal Of Starbucks Wage Suit Jurisdiction Gets OK
• Bankruptcy Court Can't Hear Suit Against WaMu: JPMC
• American Family Loses En Banc Bid In $2.3M Fire Suit
• United Mortgage Workers Take FLSA Suit To 4th Circ.
• Q&A With Bryan Cave's Lee Marshall
• Md. Appeals Court To Weigh In On Landfill Case
• Medical Providers Appeal Injunction In PPO Dispute
• DC Circ. Rejects Starnet Execs' Bid For Rehearing
• High Court Nixes Lawyer's Appeal Against State Farm
• Astra Ex-CEO Must Pay Back $7M: Mass. High Court
• Family Dollar's Cert Bid Fails In $35.5M FLSA Case
• High Court Seeks SG Input In Mazda Preemption Case
• High Court Seeks SG's Advice On Gas Taxation Case
• Q&A With Pillsbury Winthrop's Claudia Wilson Frost
• High Court Nixes DOI Appeal Of Anadarko Royalty Win
• Inventor Appeals Cablevision Phone System Patent Win
• High Court Rejects Mylan Appeal Of Takeda Atty Fees
• Mass. Court Orders Wal-Mart To Pay $1M In Bias Suit
• High Court Rebuffs Appeal Of Exxon Valdez Damages
• High Court Turns Nacchio Away
• No Rehearing On Ark. Tobacco Liability Law: 8th Circ.
• 2nd Circ. Won't Revive Wachovia RICO Case
• SG To Weigh In On First-Sale Doctrine For Imports
• Plaintiff Seeks To Revive ERISA Class Action V. AT&T
• PwC Offers New Asset Return Plan For Lehman UK
• Golden Gate ERISA Case Ripe For High Court: Attys
• 2nd Circ. Nixes Sudanese Claims Against Talisman
• 2nd Circ. Says Meridian Must Arbitrate Labor Dispute
• Mergers And IP License Agreements
• Animal Cruelty Law Sparks 1st Amendment Furor
• Travel Agents' Antitrust Suit Doesn't Fly: 6th Circ.
• Totes-Isotoner, US To Debate Gender Bias In Duties
• Bra-Maker Seeks Boost From Supreme Court
• Texas AG Appeals Same-Sex Divorce Order
• $250K Damage Cap Constitutional: Ohio Top Court
• BDC Says It Got Short Shrift In Metaldyne Asset Sale
• 1st Circ. Bars Doral From Freddie Mac Contract Deal
• Appellate Attys Bemoan Decline In Oral Advocacy
• Q&A With Orrick's Joshua Rosenkranz
• Ninth Circuit Rebuffs AT&T Mobility's Arbitration Bid
• Red Hat To High Court: Make Software Unpatentable
• Singapore Airlines Loses Appeal Over Docs Order
• Water District Can't Remand MTBE Case: 2nd Circ.
• 2nd. Circ. Restores Award In Insurance Bond Spat
• State Can't Require Use Of Future Tech: Calif. Court
• Fed. Circ. Nixes Stanford U's Roche HIV Patent Suit
• Domino's Loses Pizza Trademark Battle In 5th Circ.
• Calif.'s $130M WR Grace Asbestos Case Revived
• Universal Appeals Validity Of Redbox Antitrust Claims
• Q&A With Perkins Coie's Dan Bagatell
• Novo Challenges Order To Trim Prandin Patent
• Gatekeeper's New Tool: Heightened Pleading Standards
• Hedge Fund Manager's Free Speech Claims Rejected
• 2nd Circ. Nixes Legg Mason, Citi Securities Action
• 2nd Circ. Tosses Credit Lyonnais Pension Case
• Fed Fights Order To Hand Bloomberg Bailout Docs
• Hospital To Appeal In CR Bard Catheter Antitrust Suit