Appellate Archive » May, 2010

Appellate - May, 2010

220 articles

• 3rd Circ. Revives Suit Tying PwC To Hospital Fraud
• High Court Urged Not To Hear ERISA Preemption Case
• Doc Fight In LCD Antitrust MDL Heads To 9th Circ.
• Ex-Asst. US Atty Can't Sue DOJ For Benefits: 9th Circ.
• Ponzi Suspect's Ex-Wife Argues For Release Of Funds
• WaMu Moves To Keep Examiner Spat Out Of 3rd Circ.
• Deutsche, JPMorgan Off Hook For Software IP Claims
• What Lewis V. Chicago Means For Employment Claims
• Chevron Fights For Setoff Of SemGroup Debt
• Investors Appeal Dismissal Of BSC Stent Fraud Case
• Fed. Circ. Won't Revisit Decision To Nix Applera IP Win
• Copyright Kicks In On Application Date: 9th Circ.
• Calif. Appeals Court Revives Ford, Cooper Suit
• 'Missing Pants' Judge's Reappointment Appeal Nixed
• Argentina Wins Appeal Of Bondholders' $2.2B Award
• Mass. AG Asks 1st Circ. To Revive State Oil Spill Act
• Fed. Circ. Affirms $16M Win For Fuji In Camera IP Fight
• Plaintiffs Appeal Dismissal From ReNu MDL
• 3rd Circ. Tosses SunTrust, Countrywide Ponzi Suit
• Impax Loses Bid To Toss MDL Over Generic Wellbutrin
• Availability Of Cost Recovery Claims Under CERCLA
• Consumers Appeal Toss Of Coke Marketing Suit
• EPA Agrees To Require Factory Farm Waste Data
• Ohio Loses Appeal In RJ Reynolds Ad Case
• New Campaign By States Curbing Leegin's Impact
• Ch. 7 Trustee Wants Nearly $1M From Baker Hostetler
• Ex-MarketXT CEO Fights $25M Bankruptcy Judgment
• FTC Urges 2nd Circ. To Overturn Tamoxifen Precedent
• Homeowners Ask 9th Circ. To Take Up Uponor Fight
• 'Raging Bull' Heir Appeals Loss In MGM Copyright Suit
• The Impact Of American Needle On IP And Contracts
• Producer's $3M Win Upheld In Warner Licensing Suit
• Va. Appeals Court Upholds Permit For Dominion Plant
• NH Still Trying To Nab $110M Surplus: Malpractice Fund
• Wis. Appeals Court Shreds Payday Lender Terms
• 6th Circ. Halts Tenn. Bank's Forced Rehire Of CFO
• Calif. High Court Redraws Employer Definition
• ILight Asks Fed. Circ. To Reinstate $5M Patent Award
• Liability Suit Over L'Oreal Self-Tanner Thrown Out
• Economic Approaches To Royalty Calculations
• 8th Circ. Sides With Rhodia In Worker's Toxic Tort Suit
• Axis Appeals $3.2M GeoStar D&O Award To 6th Circ.
• Supreme Court Favors Black Would-Be Firefighters
• Law360 Survey: Most Admired Appellate Attys
• Aspex Eyewear Can't Revive Case Over Frame Patent
• MoonScoop Appeals Over Soured Care Bears IP Deal
• Antitrust Lawyers React To NFL's High Court Loss
• Nissan Escapes Price-Fixing Class Action
• High Court Seeks SG's Input On Generic-Drug Liability
• 7th Circ. Revives Chicago Paramedics' FLSA Suit
• 7th Circ. Affirms Class In Pella Window Defect Suit
• En Banc Rehearing Denied Over OxyContin Potency
• Supreme Court Takes Up Class Action Arbitration Issue
• High Court To Hear Vehicle Safety Preemption Case
• High Court Rejects Microsoft Appeal Of Lucent Verdict
• Supreme Court Reverses Atty Fee Ruling In ERISA Case
• Supreme Court Rejects Textron Work Product Case
• Justices Sack NFL's Antitrust Immunity Play
• Fed. Circ. Flexing Its Muscles With En Banc Reviews
• Jets Fan's Contract Suit Rightly Booted: 3rd Circ.
• Fed. Circ. Revives Epson Projector Patent
• France Telecom Wins Bid To Toss EC State Aid Ruling
• AstraZeneca Seeks Stay Of Dr. Reddy's Fees Award
• Lessons From In Re Hydrogen LLC
• Canada High Court To Hear Tobacco Liability Appeal
• 1st Circ. Revives $23M Atlantech Negligence Case
• Excelsior Loses Bid To Enforce Power Pact With Utility
• TV's Trudeau Let Off Hook For Contempt Ruling, Jail
• Sierra Club Takes TVA Plant Repairs Suit To 6th Circ.
• WaMu Equity Holders Appeal Rejection Of Examiner
• 'Fly' Wins Stay Of Financial Publishing Restrictions
• Textileather Fights CERCLA Ruling For GenCorp
• Amedisys Revives Claims Against National Century
• 'Victor's Little Secret' Strikes Out In Trademark Case
• Ex-Dollar General CFO's SEC Relief Suit Allowed
• Attys' Fees Wrongly Reduced In Crash Suit: 4th Circ.
• 9th Circ. Affirms Remand Of US Bank Wage Case
• Shady Grove And State Limits On Competition Claims
• Adelphia Trust Argues For Revival Of Fraud Case
• TLC Vision Plan Approval Sparks Outcry From MMA
• 2nd Circ. Says AmEx Statement Protected By PSLRA
• Insurer Needn't Cover Beeche In Bridge Suit: 9th Circ.
• 9th Circ. Restores Pepperidge Farm Distributors' Suit
• Dental Group's RICO Action Against Insurers Squashed
• Calif. Plaintiffs Appeal Pay-For-Delay Cipro Case
• NJ's Bid To Get Lehman Case To State Court Nixed
• Clarifying Jurisdiction For Foreign Claimants
• 2nd Circ. Dresses Down Porn Memoir Copyright Claims
• Liability Claimants Lodge Appeal Over GM Sale
• Fed. Circ. Nixes $34M Patent Judgment V. Hyundai
• Icahn Continues Ch. 11 Fight With Donald Trump
• Ariz. Appeals Court Remands Taser Trade Secrets Win
• Joint And Several Liability Remains Alive And Well
• High Court Won't Hear Cablevision's 'Must Carry' Suit
• Methodist Church Drops Sex Abuse Coverage Appeal
• Feds' Case Against Adelphia Execs In Jeopardy
• Fed. Circ. Won't Reconsider Chrysler Tax Refund Bid
• High Court Declines To Hear Short-Sale Antitrust Suit
• 2nd Circ. Takes Smith & Wollensky Tip Suit Appeal
• DuPont Challenges $11M Judgment In Herbicide Fight
• High Court Lets Dismissal Of Conoco Oil Plot Suit Stand
• Fed. Circ. Shoots Down Vaccine-Autism Link Appeal
• Florida Gas Wins Challenge Of FERC Pipeline Rules
• Justices Want SG's View In Insurance Arbitration Case
• When Is A Win A Win With Attorneys' Fees?
• Southern Mills Gets Partial Win On Fleece Patent
• 2nd Circ. Affirms Dismissal Of DTCC Bias Case
• DC Circ. Rejects Challenge To New EPA Lead Air Rules
• US Airways Pilots Can't Revive Pension Claims
• Fed. Circ. Revives Cochlear Implant Patent Dispute
• Chinese Furniture Duties Calculation Invalid: Fed. Circ.
• Dish Gets En Banc Review Of DVR Contempt Ruling
• Ark. Supreme Court Blocks $1.6B AEP Power Plant
• AIPLA, Apple Attack Stanley Works Decision
• Salter & Sachs Ordered To Pay Benefits To Ex-Atty
• Colo. Regulator Fights Ruling In Qwest FCC Rules Suit
• Samsung Revives Bid To Block Antitrust Arbitration
• Worker Wins $1M From National Union For Gas Injury
• Insurer Loses Appeal Bid To Stay UMG Contract Case
• The Importance Of In Re Condor
• Novak Duce Fights Dismissal From Storm Screen Row
• Insurers Appeal Tossed Coverage Suit With Milberg
• Antitrust Suits Exempt From Notice Statute: Wis. Court
• Mechanic Has Some Privileges In Bias Case: 9th Circ.
• 9th Circ. Greenlights Shell's Alaska Drilling Plans
• 3M, News Corp. Want Final Ruling In Floor-Ads IP Case
• Wal-Mart Confirms High Court Appeal Of Sex Bias Class
• CNA Unit Must Cover Nextel Spam Suit: 11th Circ.
• Power Plant Must Limit Visible Emissions: Wis. Court
• Senate Panel OKs Controversial 9th Circ. Nominee
• Fed. Circ. Denies Apple Bid To Move MP3 Player Suit
• Will Climate Change Suits Make It To Supreme Court?
• Cintas Worker Appeals Judgment In Sex Bias Suit
• 9th Circ. Overturns $51M Insurance Award For HP
• Penske Appeals Workers' Cert. Win In Meal Break Suit
• Ambac Trying To Derail Monorail Co.'s Ch. 11 Case
• 2nd. Circ. Nixes Nationwide Secrets, ERISA Spat
• Express Scripts' Prices Not Set In Bad Faith: 11th Circ.
• LA Pushes For High Court To Hear Biosolids Case
• Insurer Needn't Cover Suit Over Cop Death: 3rd Circ.
• Who Cares What SCOTUS Says On Securities Fraud?
• 4th Circ. Won't Rehear Star's Reed Smith Contract Suit
• Friends, Past Opponents Hint At Kagan's Judicial Style
• Fed. Circ. Backs IP Extension For Photocure's Metvixia
• North Atlantic Must Face MTBE Claims: NH High Court
• Fed. Circ. Revives Casino Gaming Patent Spat
• 9th Circ. Hangs Up On T-Mobile Fees Class Action
• Fed. Circ. Affirms Patent Extension For Levaquin
• Class Action Exposure Post-Shady Grove V. Allstate
• 9th Circ. Won't Rehear Ariz. City Police Don, Doff Case
• Kagan Would Change Face Of High Court: Experts
• Immutopics Didn't Infringe Antibody Patent: Fed. Circ.
• If I Were A Senator, I'd Ask Kagan...
• Nissim Gets New Shot At Enforcing DVD Settlement
• 11th Circ. Affirms Expert Exclusion In Accutane Suits
• El Paso Must Pay MasTec $5M In Extra Pipeline Costs
• Fly Loses Bid To Reverse 'Hot News' Injunction
• Fla. Court Lets Insurer Off Hook In Bad Faith Action
• 9th Circ. Revives Mandalay Casino Overtime Case
• Zuckerman's Fraud Claims Against Merkin Still Alive
• Target Appeals Denial Of JMOL In Baby Stroller IP Suit
• Dish, Sprint Lose Bid To Delay DBSD Reorganization
• Philadelphia Newspapers: Consideration Of Fairness?
• Divided Fed. Circ. Nixes Rehearing Of Mirapex Spat
• Peabody Can't Strip-Mine Land, Despite Deed: 7th Circ.
• 9th Circ. Affirms Volkswagen, Audi Logo IP Win
• A Threat To Cedent/Reinsurer Communications
• Trustee Moves To Reclaim Tavern On The Green Name
• 4th Circ. Grants UAW's Bid For Rehearing In Retiree Suit
• Forest Service Fights Drilling In Allegheny Forest
• Lack Of Paper Trail Could Be Kagan's Achilles Heel
• Baker Hughes Fights For Payday In Star Receivership
• Hitachi To Fight Dismissal Of Flat-Screen TV Duties Suit
• DC Circ. Judge Appointed Judicial Conference Chair
• FTC Fights For Antitrust Claims In DuPont Secrets Case
• Fed. Circ. Upholds Emcore Fiber Optics Patents
• DC Circ. Rejects FERC's Station Power Netting Period
• Dismissal Of Katrina Coverage Class Action Affirmed
• Fed. Circ. Hands Win To Limelight In Level 3 Fight
• Insurer Freed From Defending Silo Collapse Suit
• High Court May Decide LA Biosolids Petition Early
• Fidelity Appeals Duty-To-Defend Loss Against Ford
• Western Union Can't Appeal Award Against MoneyGram
• Validity Ruling Sparks Rolls-Royce Jet Engine IP Suit
• 3rd Circ. Sides With Insurers In Delta Finance Spat
• Case Study: Marathon Petroleum V. Cohen
• High Court Prospect Wood Seen As Consensus Builder
• 9th Circ. Affirms Class Denial In Starbucks OT Suit
• Navistar Settles Dispute Over EPA's NOx Guidelines
• DC Circ. Puts Challenge To Yucca Pullout On Fast Track
• Support Grows For Daubert Test At Class Cert. Stage
• 9th Circ. Clears Jaco In Fridge Recycling Case
• Insurer Must Reserve Rights For Noncoverage: Court
• Pondering First Sale Doctrine And Foreign-Made Goods
• Delta, US Airways Fight DOT Rejection Of Slot Plan
• Wyeth Drums For New Prempro Trial After $58M Hit
• Pa. Appeals Court Revives Ford Asbestos Suit
• Fed Wants Review Of FOIA Ruling On Bailout Info
• Lennon Video Rights Case On Way To 1st Circ. Again
• Trial Court Misread Vulcan's Policy: Appeals Court
• Louis Vuitton Appeals Reversal Of $11M Trademark Win
• Cuervo Challenges Maker's Mark Trademark Win
• 5th Circ. Tosses AT&T Predatory Pricing Injunction
• Wyeth's Bid To Extend Cattle Drug Patent Trampled
• ITC Fights For Regulatory Power Over Bankruptcy Stays
• 9th Circ. Denies Co-Counsel Fees In Citi FLSA Spat
• Mama Cares V. Nutriset: Sad Case Of No Controversy?
• Attys Faulted In Princess Di Trademark Case
• $34M Fraud Verdict Against AIG Stands
• 5th Circ. Revives EOG, Chesapeake Gas Contract Suit
• Appeals Court Flips Lloyd's Loss In Contribution Case
• High Court Rebuffs Bayer Bid To Revive Yasmin Patent
• Record Labels Can Seek Downloader Identities: 2nd Circ.
• AmEx Antitrust Case Remanded After Stolt-Nielsen
• Supreme Court Remands First Republic Fraud Suit
• Insurer Not Liable For Fire Damages: 2nd Circ.
• High Court Denies Cert To JPMorgan In FLSA Suit
• High Court Won't Hear Pfizer Shareholder Suit
• Photographer Denied Cert In Photo Beef V. NY Times
• 3 Myths Of In-House Attorney-Client Privilege