Appellate Archive » November, 2009

Appellate - November, 2009

248 articles

• Calif. Court Cuts McKesson Penalty From $15M To $2M
• Linerboard Attys' Fees Fracas Tumbles Into 3rd Circ.
• France Telecom Must Repay Up To €1.1B In Aid: Court
• Atty-Client Privilege Violated In Costco Suit: Calif. Court
• Investor Loses Appeal To Recover $10M From Madoff
• High Court Mulls Statute Of Limitations In Investor Suits
• Invisalign Wins Right To Amend In Battle With Counsel
• Wal-Mart Wins Union Closure Suit In Canada High Court
• Supreme Court Turns Down Nacchio's Rehearing Bid
• Clarifying D&O Fiduciary Duty To Creditors In Calif.
• High Court Refuses Cordis, Boston Scientific Appeals
• Supreme Court Denies Ford's Appeal Of $83M Award
• Generic-Drug Labels Must Provide Warnings: 8th Circ.
• 1st Circ. Deals Consumers Blow Over Credit Card Hikes
• Supreme Court To Take Up 'Foreign-Cubed' Case
• 1st Circ. Downs National City Credit Line Action
• Q&A With Moore & Van Allen's Bill Whichard
• 8th Circ. Revives ERISA Suit Against Wal-Mart
• Rice Co. Appeals Toss Of $13M Iraq Contract Spat
• 2nd Circ. Gives Ex-Lawmaker No Relief In Fraud Case
• Dredgers Not Liable For Katrina Damage: 5th Circ.
• 7th Circ. Affirms Dismissal Of Paper Co. Wage Suit
• Hyundai Must Pay $8M For Ducking Discovery: Court
• UK High Court Halts Probe Into Overdraft Fees
• Toss Of Holland & Knight Malpractice Suit Affirmed
• US Challenges Writ Forcing Diamond Saw Blade Duties
• 10th Circ. Nixes Yellowstone Snowmobile Appeal
• Lexmark Fights To Revive Printer Cartridge IP Claims
• DISH Network, Sprint Protest DBSD Confirmation
• NY Court OKs Brooklyn Nets Stadium Eminent Domain
• Bickerstaff Appeals Loss To Zurich In Coverage Spat
• Extended Stay Chair Appeals Remand Of BofA Suit
• Tech Cos. Appeal $1.8M Wells Fargo Arbitration Award
• Q&A With Gibbons' Kevin McNulty
• Volvo Appeals Health Benefit Case To Supreme Court
• Dickinson Wright Appeals Dismissal Of Malpractice Suit
• Ducking The Big Issues In Bilski?
• Calif. Appeals Court Lifts Judgment V. Winbond Cos.
• Boston Transit Body Can't Recoup Railroad Site Costs
• Court Affirms St. Jude Win In Noncompete Dispute
• DC Circ. Says NC Can't Seek EPA Rule Review
• 9th Circ. Nixes FedEx Couriers' Age Bias Suit
• Cherokee Try Again To Join Chicken Waste Suit
• 2nd Circ. Kills Petition Against Indian Point Nuclear Co.
• Q&A With Roetzel & Andress' Doug Leak
• NY High Court Affirms Dismissal Of Media Giants' Suit
• 9th Circ. Kills Humane Society Bird Slaughter Case
• 'Winter Storm' Reversal Starts Avalanche In SDNY
• The Divide Over Climate Tort Claims
• Cirrus Wrongful Death Win Partially Overturned
• 2nd Circ. Affirms Fraud Penalty For Brightpoint Exec
• Unpaid Premium Frees State Farm In Auto Crash Case
• Apple Shareholder's Derivative Suit Rejected Again
• Fed. Circ. Chief Judge To Step Down, Continue Advocacy
• Fines Nixed Against Airlines Carrying Paperless Aliens
• Fed. Circ. Nixes Microsoft's En Banc Bid In Alcatel Spat
• Hospital Operator Takes UPMC Antitrust Suit To 3rd Circ.
• Priceline To Appeal $336M Currency Fee Deal
• Fair Isaac To Appeal Credit Score Trademark Verdict
• BNSF, Union Pacific Appeal Fees In Enviro Cleanup
• US Appeals Order On Canadian Wheat Duty Deposits
• Q&A With Andrews Kurth's Kendall Gray
• 2 Economists' Take On I4i V. Microsoft
• 1st Circ. Crushes Objection To $24M Zoladex Deal
• 4th Circ. Lets Arbitration Award Against PPG Stand
• 2nd Circ. Reverses Judgment For JPMorgan In FLSA Suit
• Sprint Says DBSD Claim Decision Belongs With FCC
• Texas Court To Rehear Sabotage Case Against Exxon
• High Court May Get Its Claws On Cat's Paw Theory
• 1st Circ. Affirms Pro Rata Liability For Long-Tail Claims
• Rehabilitation Act Covers Contractor Claims: 9th Circ.
• Class Counsel Duties Extend Past Judgment: Calif. Court
• W.Va. High Court Nixes $4.2M Jury Award Against Erie
• MvuInvestors Appeal Loss To GE In Patent Deal Suit
• Admiral Must Cover Broken Boiler Defense: 5th Circ.
• 3rd Circ. Lets Travelers Off Hook Over Garage Collapse
• Teva Will Appeal Loss In Vigamox Eyecare Patent Suit
• Exela Takes Alphagan Patent Ruling To Fed. Circ.
• Q&A With Dykema's Jill Wheaton
• McDonald's Wins Cert In Fla. Franchise Case
• The Death Of The Discretionary Clause?
• EEOC Can Seek Info On UPS Beard Ban: 2nd Circ.
• Fed. Circ. Says Ads Invalidated Supplement Patent
• Del. High Court Affirms $10M Win For Italiana Coke
• Olin Corp. Settles Final Niagara Falls Cleanup Suit
• Targeting Manipulative Trading Of Electricity Contracts
• Ohio Residents Appeal Chevron Refinery Suit Dismissal
• Airlines May Have To Pay For Delays: EU High Court
• Bid-Rigging Claims Against AIG Sent To Arbitration
• 5th Circ. Upholds AT&T Win In ERISA Dispute
• Q&A With Miles & Stockbridge's Hutch Robbins
• 9th Circ. Allows CTI Contract Dispute To Go Forward
• Statek Appeals Denial Of $85M Claim In Coudert Ch. 11
• Steinbeck Heirs To Appeal Copyright Dispute
• Insurer Appeals Over Its Share Of Accident Settlement
• ATV Damages Dispute Returns To Federal Circuit
• 3rd Circ. Stays Philly Newspapers Auction
• Q&A With Wiley Rein's Andrew McBride
• Warranty Letters And D&O Defense Obligations
• NLRB Takes Swift Transportation Case To 9th Circ.
• Takeda Appeals Win For Teva In Generic Prevacid Case
• ATP Tour Appeals Denial Of $17.9M In Fees
• Joint Fault Doesn't Keep Indemnitor Off Hook: Ala. Court
• Q&A With McDermott Will's Miller Baker
• 11th Circ. Rejects HealthSouth Exec Sentence Again
• 5th Circ. Denies Stanford Receiver's Clawback Bid
• Atlanta Employees Ruled Immune In Airport Ad Suit
• Asarco Judge Picks Parent Cos.' Reorganization Plan
• High Court Will Not Review Bra-Tank Top Case
• High Court Rejects Bid To Sack Redskins Trademark
• Arnold & Porter Snags Veteran Appellate Lawyer
• NRTW Can't See UNITE HERE Search History: 3rd Circ.
• High Court Asks SG For Input In Church Sex Abuse Case
• Why Supreme Court Should Deny Review In Mazda
• USA Commercial Trust Seeks Sanctions On Contractor
• Q&A With Dickstein Shapiro's Woody Peterson
• J&J Appeals Loss In CIBA Contact Lens Patent Suit
• W.Va. Plaintiffs To Fight Baycol MDL Ruling In 8th Circ.
• Gibson Dunn Appeals Sanctions In EnCana Antitrust Suit
• Great American Off Hook For Trademark Defense Costs
• 10th Circ. Upholds 9-Year Ponzi Scheme Sentence
• 9th Circ. Revives Amgen Drug Rebates Dispute
• Fed Circ. Refuses To Nix Injunction On USPTO Rules
• 8th Circ. Upholds Tossing Of Baycol Expert Testimony
• Wyo. High Court Sides With Exxon In State Tax Spat
• State High Court Affirms $50M Massey Verdict Reversal
• Investors Try To Resuscitate Morgan Stanley Suits
• Q&A With Sedgwick's Frederick Baker
• Md. High Court Ruling Allows Direct Shareholder Suits
• Will Juries Decide Who's To Blame For Climate Change?
• Lifeline Appeals Dismissal Of Suit Against Insurers
• Firm, Ex-Member Lose Malpractice Coverage Appeal
• No Sanctions For Scruggs Katrina Group In Bribe Plot
• Hospital Read Too Much Into 3rd Circ. ADA Ruling: Judge
• 7th Circ. To Review Medicare Contract Antitrust Spat
• Cooper Cameron Owes Engineer OT: 2nd Circ.
• Sherwin-Williams Appeals $7M Lead Paint Verdict
• FEPCA Doesn't Hurt Workers' Travel Rights: 9th Circ.
• 2nd Circ. Upholds CIA Muzzle On Former Spy Wilson
• Canadian Appeals Court Grants Cert. In DRAM Action
• Q&A With Stinson's Matt Verschelden
• EU High Court Affirms €66M In Fines On Graphite Cartel
• W3i Keeps Up Fight For Coverage Of Billing Actions
• Rembrandt Tries To Revive Dial-Up Patent Claims
• Insurers Aren't Off Hook On Policy Exclusion: 5th Circ.
• 9th Circ. Strikes Blow Against Landfill Developer
• Lenders Try To Stall Philly Papers Auction For Appeal
• 5th Circ. Upholds Ruling For IRS On 'Sham' Tax Deal
• RealNetworks Goes To Bat For DVD Ripper In 9th Circ.
• Payless Loses Coverage Bid Over Class Action Deal
• Union Pacific May Intervene In CERCLA Suit: 10th Circ.
• Ga. High Court Narrows Noncompete Injunction
• 8th Circ. Reverses US Bancorp ERISA Damage Award
• ARS Investor Fights To Keep Citigroup In Court
• Q&A With Holland & Hart's Stephen Masciocchi
• Michael Vick Can Keep $16.2M Bonus: 8th Circ.
• Philly Inquirer Owner Wins Appeal To Block Credit Bids
• Different FDA Regs For Devices, Drugs Rule Preemption
• Arbitration Treaty Trumps La. Insurance Law: 5th Circ.
• Dropped Chrysler Dealerships Appeal To District Court
• Video Co. Takes Fight Over Lennon Tapes To 1st Circ.
• 6th Circ. Tosses Challenge To TVA Reservoir Project
• Q&A With Stites & Harbison's Michael Risley
• Bilski Argument Puts Spotlight On Business Methods
• High Court Asks For SG Views On 'Cat's Paw' Theory
• $400B Copyright Suit V. Bon Jovi Is Livin' On Appeal
• 6th Circ. Nixes Plastics Co.'s Antitrust Defense Bid
• High Court Grounds FedEx Appeal Of EEOC Probe
• High Court Declines To Hear Every Penny Counts Suit
• Conoco Off Hook For Collusion In Sea Energy Spat
• Texas Appeals Court Seals Volvo SUV Test Document
• Q&A With Baker & Daniels' Jon Laramore
• Ark. High Court Tosses Nexium Marketing Fraud Suit
• 9th Circ. OKs $1.25M Award For AA Flight Attendant
• Insurers Appeal $3.4M CSX Award Over Katrina Damage
• Couple Appeals Greenberg, DVF Search Suit Dismissal
• Liability For Long-Tail Claims: Pro Rata Or All Sums?
• 9th Circ. To Hear Catholic League Case En Banc
• Tavern On The Green IP Row Merits New Venue: NYC
• Fed. Circ. Slices Stay in Diamond Saw Blades Case
• Amaranth Tort Claims Against JPMorgan Revived
• Q&A With Phelps Dunbar's Luther Munford
• UK Appeals Court Shuns PwC Plan For Lehman Assets
• 7th Circ. Revives 'Thomas & Friends' Photo Rights Suit
• 2nd Circ. OKs Agway Post-Ch. 11 Attorneys' Fee
• Discount Retailer Gets Store Manager Class Decertified
• General Star Excess Policy Spat Revived
• Contract Suit Against Conoco Time-Barred: 10th Circ.
• Credit Suisse Win On Fraud Judgment Lien Reversed
• Ex-Time Warner Exec Loses Whistleblower Appeal
• Va. High Court Upholds Transmission Line Permits
• Fed. Circ. Upholds Duties In Suit Over Chinese Honey
• Fed. Circ. Reinstates Cold War Museum Trademark
• SCOTUSblog Keeps Eagle Eye On High Court
• Bad Faith Not Required To Break J&E Rule: 2nd Circ.
• Q&A With Stoel Rives' Leonard Feldman
• Developments In Climate Change Nuisance Litigation
• Q&A With Steptoe & Johnson's Ancil Ramey
• Hitachi Suit Over Mistaken Benefit Overpayment Nixed
• 10th Circ. Grants Attys' Fees To Qwest In Contract Suit
• 2nd Circ. Rules NY Workers' Comp Law Is State Issue
• High Court Mulls Absolute Immunity For Prosecutors
• Mont. High Court Upholds Limit On Workers' Comp
• 9th Circ. Affirms Dismissal Of Vivendi Collusion Case
• 1st Circ. Affirms T-Mobile Unit Win In Zoning Spat
• 6th Circ. Sides With TRW In Retirees' Benefits Case
• 11th Circ. Rejects Nestle Challenge To Contract Verdict
• Kaiser Appeals Abbott MDL Antitrust Patent Case
• 5th Circ. Lets US Off Hook In Katrina Lawsuits
• Imation Units Are Part Of Philips Deal: Fed. Circ.
• Belgian Suit Nixed In Medical Supply Contract Dispute
• High Court Examines Bankruptcy Exemption Valuations
• 9th Circ. Affirms Toss Of HP CEO Compensation Suit
• Parties Argue Mobile-Sierra Before High Court
• Calif. Court Strikes Down Air Pollution Offset Rule
• Supreme Court Braces For Bilski Battle
• Class Members Appeal $85M Lufthansa Air Cargo Deal
• Attorney Suspended Over Hiding Terms Of $15M Deal
• Chrysler Insurance Off Hook For 'Thieving Mexican' Suit
• 3rd Circ. Reverses Dismissal Of Union Election Spat
• Did SCOTUS Kill Product Design Trade Dress?
• Milberg LLP Insurers Appeal Defense Costs Ruling
• DC Police Sergeants Appeal Dismissal Of Back Pay Suit
• Q&A With Barnes & Thornburg's John Maley
• High Court Asks Solicitor General For Brief In Pfizer Suit
• Deal Contract OK'd Attys' Fees: NJ High Court
• High Court Invites SG Input On Ariz. E-Verify Case
• High Court Aims To Define Mutual Fund Fiduciary Duty
• High Court To Weigh Challenges To State Tax Law
• Metaldyne Creditors Want Sale Appeal Tossed
• Phone Radiation Suits Against AT&T, Others Kept Alive
• 8th Circ. OKs $27M Damages Dismissal In Prempro Case
• Cable Subscribers Fight Dismissal Of Bundling Action
• High Court To Weigh Legality Of 2-Member NLRB
• Lilly To Appeal Invalidity Ruling For Sun In Gemzar Suit
• Supreme Court Declines Apotex Appeal Of Plavix Suit
• Scope, Meaning Of Mobile-Sierra In High Court's Hands
• 6th Circ. Affirms SBC Sales Reps' $6M Award
• Deck Materials Maker Appeals Coverage Ruling For AIG
• High Court To Hear Dispute Over Ch. 13 Payments
• PerkinElmer Had Duty To Promote Printing Unit: 1st Circ.
• With Banks Circling, Philly Papers Seeks Cash Bidding
• 3rd Circ. Strikes Down Abortion Clinic Protester Law
• Supreme Court Nixes Asbestos Insurance Appeal
• Q&A With Farella Braun & Martel's Kelly Woodruff
• 5th Circ. Lets Harrah's Off Hook In Casino Antitrust Suit
• MP3tunes Founder Appeals Inclusion In Copyright Spat
• High Court Rebuffs Rx.com's Group Boycott Suit