Appellate Archive » June, 2010

Appellate - June, 2010

288 articles

• Kagan Tries To Allay Fears Of Judicial Activism
• Medical Process Patent Cases First Big Test For Bilski
• RJR Found In Violation Of Calif. Advertising Deal
• Lehman Judge Cracks Open Door For BNY Appeal
• Fraud Convictions Upheld For Life Settlement Co. Execs
• Bilski Ruling Could Signal End Of Fed. Circ. Tests
• US V. Apex Oil: Will High Court Revisit Ohio V. Kovacs?
• FDA Sued For Lack Of Response To BPA-Ban Petition
• Kagan A Wildcard In Future Bilski
• Ballard Spahr Secretary's FMLA Claim Gets Another Shot
• NY High Court Nixes Hedge Fund Fraud Suit V. PwC
• Security Guards Lose Bid For Meal Break Class
• Bilski Prompts Remand In Medical Process Cases
• 2nd Circ. Kills Retirees' Morgan Stanley Class Action
• Scrushy, Ex-Gov Convictions Vacated After Skilling
• High Court Won't Hear Newsletter Stock Tip Fraud Case
• DC Circ. Nixes GE Challenge To EPA Cleanup Authority
• 2nd Circ. Remands Chilean Fruit Export Suit Over FSIA
• High Court To Hear Case Over Fired Fiance
• Green Groups Lose Challenge To Katrina Landfill Permit
• EU Court Backs De Beers' Vow Not To Buy From Alrosa
• Case Study: Morrison V. National Australia Bank
• IP Lawyers React To Bilski's Long-Awaited Arrival
• Bilski Serves As Justice Stevens' Swan Song
• Kagan Vows To Be Modest, Work Hard If Confirmed
• Johnson Controls Wins Spat Over CERCLA Coverage
• 9th Circ. Affirms Injunction In 'EVisa' Trademark Case
• The Remaining Questions After Bilski
• High Court To Review Janus Capital Fraud Suit
• High Court Ruling Won't Upend SOX Oversight Board
• Ore. Court Vacates $100M Award Against Philip Morris
• ATP Bests Antitrust Suit Over Tournament In 3rd Circ.
• UK Court Rules Prior Art After Priority Date Counts
• SG To Weigh In On Stanford, Roche HIV Patent Case
• Leahy Says Bilski Exemplifies Patent Law Problems
• DOI Asks 5th Circ. To Keep Drilling Ban In Place
• High Court To Hear Challenge To Ariz. E-Verify Law
• High Court Will Hear Cigna's Appeal In Pension Fight
• High Court Lets Tobacco Ad Restrictions Stick
• 4th Circ. Reverses Loss For EEOC In Md. Pension Suit
• High Court Remands 2 Cases After NLRB Ruling
• 11th Circ. Finds For Century In Enviro Coverage Feud
• Lack Of Guidance In Bilski Will Spark Suits: Attys
• Section 510 Doesn't Cover Work Complaints: 3rd Circ.
• End To $500M Chadbourne Malpractice Suit Affirmed
• Ark. Plant To Sell Electricity Despite Permit Rejection
• EU Court Trims €2M From Akzo Unit Antitrust Fine
• Amgen Shareholders Appeal ERISA Loss To 9th Circ.
• 2nd Circ. Backs Insurer In Arbitration Panel Spat
• Flood Of Remands Begins In Void NLRB Cases
• Uprooting The Injunction On Roundup Ready
• EPA Joins Fla. Agency, Sugar Cos. In Everglades Fight
• 'Foreign-Cubed' Ruling May Be Escape Hatch For Some
• Skilling Ruling Puts Prosecutors On Short Leash: Attys
• High Court Finds For Conrad Black, Citing Skilling
• Couple Fails To Revive DVF, Greenberg Search Suit
• 2nd Circ. Affirms FedEx Win In Couriers' Age Bias Suit
• 1st Circ. Rejects Airport Tenant's Antitrust, RICO Claims
• ETP Off Hook For Natural Gas Price-Fixing Claims
• Fed. Circ. Sends Hip Replacement Patent Suit To Ind.
• 7th Circ. Upholds Remand Of Bayer Trasylol Suits
• Pilots Union Loses Bid To Arbitrate Hiring Contract Fight
• High Court Ruling Sheds Light On Role Of Arbitration
• Schulte Escapes Contract Spat Over Clearjets Startup
• Fallout From Supreme Court's NLRB Ruling?
• $521M Negligence Verdict Against BDO Seidman Nixed
• Fed. Circ. Nixes $13M Lincoln National Patent Award
• High Court Asked To Rule On Induced Infringement
• 9th Circ. Reinstates Securities Verdict Against Apollo
• Plaintiffs Look To Reinstate Milberg Kickback Case
• Fed. Circ. Backs Commerce On China Wax Candle Duty
• Ohio High Court Upholds Limits On Pregnancy Leave
• Construction Cos. Win New Trial In $90M Cartel Case
• Vanderbilt V. ICOS And Proving Joint Inventorship
• 10th Circ. Ruling Limits Duty To Reassign Under ADA
• ITC Seeks More Briefing In Rambus, Nvidia 337 Case
• DC Circ. Affirms CRB's Ring Tone Royalty Regime
• Caterpillar Retirees' ERISA Claims Too Late: 6th Circ.
• Congoleum's $25M Pact With Insurers Upheld
• Insurers Escape Liability In Mylan Antitrust Suits
• 2nd Circ. OKs $5M Deal In Telik Cancer Drug Suit
• Google, Twitter Back Removal Of 'Hot News' Injunction
• Mylan Appeals Dismissal Of Prilosec Antitrust Claims
• CGM To Ask 4th Circ. To Revive AT&T Antitrust Suit
• Energy Cos.: The New Target Of Nuisance Actions
• 10th Circ. Restores Controversial Copyright Law
• Forex Liquidity Founder Can't Block Funds Payout
• 9th Circ. Partially Revives Title Insurance Class Action
• Indian Tribe Fails To Block Nev. Mine Expansion
• Land Agency Right To Skip Drilling Review: 10th Circ.
• Prempro Punitive Damages Case Back In District Court
• Top Court Says Shipping Dispute Belongs In Japan
• Holiday Clothing Duties Can't Be Reviewed: Fed. Circ.
• Supreme Court Rebuffs Shell Price-Fixing Case
• High Court Won't Hear Venue Dispute In Ford Tire Case
• Supreme Court Takes Case On Credit Card Rate Hikes
• High Court Refuses To Revive 'Heroes' Copyright Case
• Massey Unit Appeals $10.5M Bayer Award In Coal Spat
• Solvay Cert Refusal Leaves FCA Circuit Split In Place
• High Court Won't Hear Procrit Whistleblower Suit
• High Court Favors Arbitrator In Rent-A-Center Case
• High Court Lifts Ban On Monsanto's Alfalfa Seed
• Appeals Court Holds Kasowitz Didn't Defame Ex-Atty
• Fed. Circ. Affirms Invalidity Of Britannica Patents
• ABA Drums For New Inequitable Conduct Rule
• 9th Circ. Greenlights Pre-Arbitration Court Injunctions
• MMA Fires Off Appeal Of TLC Vision Plan Confirmation
• MDs Take $10M Greenberg Malpractice Suit To Fed. Circ.
• Insurers Avoid Coverage For Pension Fund Losses
• 2nd Circ. Sinks Merger Fraud Suit Against JPMorgan
• 6th Circ. Upholds $15M Contract Suit Judgment V. Dish
• EPA To Propose New Human Pesticide Testing Rule
• Insurers Let Off Hook For Bridgestone Workers' Suit
• 2nd Circ.'s First Analysis Of The PSLRA Safe Harbor
• US Bank Workers' Decertification Upheld In Wage Suit
• 2nd Circ. Affirms $2M Ruling Against Colonial Fund
• 5th Circ. Throws Out Green Group's Wind Farm Suit
• Ruling Could Hamper NLRB's Pro-Union Agenda
• 9th Circ. Affirms Proskauer's $1M Win In Contract Spat
• Fishermen Can Recover In Tampa Bay Pollution Suit
• E&Y Arbitration Bid Denied In Insurance Agency Suit
• 6th Circ. Reverses Sulzer Win In Implant Defect Case
• Shareholders Fail To Nail Rambus, PwC On Backdating
• EU High Court Affirms €250M Antitrust Fine On Lafarge
• 4th Circ. Strikes Down Va. City Ethanol Transport Rule
• Impax Asks To Appeal Budeprion MDL Dismissal Bid
• ABA Asks High Court To Take Judges' Pay Raise Suit
• 9th Circ. Nixes Atty Sanction In FedEx Bias Suits
• Myriad Appeals Invalidation Of Human Gene Patents
• Traversing CERCLA's 'Region of Doubt'
• Debtor's Loss At High Court May Lead To Bigger Gain
• High Court Ruling Bolsters Employer Searches
• 'Judicial Takings' Still Unresolved By High Court Ruling
• Firm's Win Upheld In Malpractice Suit Over Gillette Deal
• Mitsubishi Wins New Trial In $11M Seat Belt Case
• Solo Cup Won't Put Dent In False Marking Suits: Experts
• NY High Crt. To Mull Injury Site Issue In Copyright Suits
• Dow Must Pay $4.4M For Malicious IP Suit: 11th Circ.
• DC Circ. Rejects Canadian Pacific Rail Deal Challenges
• Bankrupt Calif. City Can Reject Union Contract
• Depression Bias Case Against DLA Piper Revived
• 9th Circ. Won't Touch San Diego Seal Spat
• Horizon Investors Appeal Action Over Price-Fixing Plot
• Creditors Blast Del. Diocese Over Sex Abuse Defense
• Planned NM Mine Not On Indian Land: 10th Circ.
• 9th Circ. Rejects Appeals Over LCD Panel Classes
• Sara Lee Workers Get Another Shot At FLSA Claims
• 2nd Circ. Says Courts Can Stop Involuntary Bankruptcy
• AT&T Employees Appeal Pension Suit Dismissal
• Integrity Trustee's Case Not Up To Snuff: 11th Circ.
• Pa. Hospital Takes Amgen Tying Fight To 3rd Circ.
• Home Depot Appeals $23.5M Saw Safety Patent Loss
• Mediaset Ordered To Repay Millions In Illegal State Aid
• Fate Of Class Action Waivers Rests With High Court
• 1st Circ. Nixes En Banc Look At Atlantech Case Remand
• Taishan Gypsum Appeals $2.6M Chinese Drywall Ruling
• Kobre & Kim Barred From FINRA Lehman Arbitration
• Class Cert. Stands In Canadian Peroxide Antitrust Suit
• Sugar Cos., Fla. Take Everglades Fight To 11th Circ.
• Nigerians Cry Foul Over Chevron Win In Standoff Trial
• Sanctions Affirmed In Magnetic Fastener Patent Suit
• 2nd Circ. Reverses $65M Contract Verdict For Highland
• US Takes Ex-Tenet GC Medicare Spat To 11th Circ.
• Distinguishing 'Excusable Neglect' In Filing Late Claims
• High Court Won't Hear $88.9M Arch Insurance Dispute
• High Court Rejects Vanguard Gambling Investment Suit
• High Court To Hear CSX Challenge To Ala. Taxes
• Supreme Court To Hear Matrixx Zicam Securities Case
• JPMorgan Wins Bid To Nix Insurer's Fees Award
• Negligence Claim Revived Against Alleged Rapist's Firm
• 7th Circ. To Review Patients' Antitrust Class Cert. Denial
• Icahn Seeks Expedited Appeal Of Trump's Plan
• 9th Circ. Reinstates $6M Lloyd's Payout To Doctor
• US Loses Spat With Lockheed Over $9.5B F-22 Deal
• ERISA Ruling's Future Impact 'Hardt' To Discern
• Using Craft To Kill A $50B Class Action
• Aldrich Chemical Wins Reversal In Damages Case
• Applera Seeks Enzo IP Spat Stay For High Court Appeal
• Obama Taps Miss. Justice For 5th Circ.
• Funai Asks ITC Judge To Stay Digital TV Case
• 10th Circ. Says Temp-Filled Jobs Not Vacant Under ADA
• Travelers Made $137M Deal In Good Faith: 3rd Circ.
• False Marking Claims Must Show Intent: Fed. Circ.
• 11th Circ. Grants Fla. County Antitrust Immunity
• NJ Top Court Hands Arbitrators Greater Discretion
• Fed. Circ. Remands Stryker IP Suit, Orders New Judge
• 9th Circ. Revives Contract Spat Over 'Last Samurai'
• Digitek Plaintiffs Want 2nd Look At Class Cert.
• Mazda Preemption Case Could Expand Car Co. Liability
• Combating Class Certification After CAFA Removal
• Continental Need Not Defend Faulty Turf Suit: 3rd Circ.
• Fed. Circ. Won't Reinstate $5M ILight Patent Award
• Fed. Circ. To Rehear Rambus Shredding Cases
• 2nd Circ. Won't Give Chevron Ecuador Footage
• Miami Appeals Insurer's Win In Spat Over Liability Suits
• Merck, Upsher-Smith Appeal Class Cert. In K-Dur Suit
• Minn. Appeals Court Allows Power Line Projects
• 3rd Circ. Backs Insurer In St. Croix Airport Pollution Suit
• Calif. Appeals Court Revives Walgreens Tobacco Suit
• Ernst & Young Wins Rehearing Of Malpractice Damages
• High Court Antitrust Trends — Sans Stevens
• Appleton Win Upheld In CERCLA Cost Insurance Spat
• USPTO Nixes TiVo's Software Claims On DVR Patent
• 2nd Circ. Mulls Chevron's Demand For Film Footage
• 3rd Circ. Tosses Pa. Beryllium Exposure Class Actions
• Calif. Tourism Board Off Hook In Price-Fixing Action
• Bankrupt Lawyers Can't Erase Contempt Debt: 6th Circ.
• NY AG's Collusion Suit Against First American Survives
• National Union Denied Expenses In LTV Steel Case
• Town Takes Cleanup Beef With Exxon, CBS To 7th Circ.
• 7th Circ. Won't Boot Judge From Lead Paint Suits
• 2nd Circ. Denies FDIC $22M Coverage For Merger Fraud
• Spring Supreme Court Roundup
• EU High Court OKs Caps On Cell Phone Roaming Rates
• 9th Circ. OKs $258K Atty Sanction In Dr. Dre IP Feud
• 3rd Circ. Nixes Class' Appeal Of Fen-Phen Atty Fees
• USACM Payment To Bingham Found Fraudulent
• NM High Court Greenlights Proceedings For GHG Cap
• Lloyd's Wins Coverage Spat On CGL Interpretation
• Fed. Circ. Revives Animation Patent Suit Against AMD
• Fair Isaac Takes Credit Score Fight To 8th Circ.
• 11th Circ. Throws Out DirecTV Arbitration Clause
• Expected Income Changes Count In Ch. 13: High Court
• The Art Of Client Alerts And Bulletins
• 9th Circ. Grounds America West Pilots' Seniority Suit
• Akin Gump Wal-Mart Memo May Prompt Sex Bias Deal
• Toyota Says KSR Ruling Makes Hybrid Patent Obvious
• US Lumber Cos. Try Again At Cut Of $500M Settlement
• Clinton-Era Kagan Docs Cover Abortion, Other Issues
• Fed. Circ. Nixes Honda's Bid For Bolt Reclassification
• 6th Circ. Won't Stop Retrial In Tenn. Bias Suit
• Bank Appeals Denial Of Coverage For Madoff Loss
• $239M In DuPont Claims Are 1 Occurence, Court Rules
• NFL Ruling Raises Antitrust Bar For Joint Ventures
• Green Groups Appeal Toss Of NJ River Cleanup Suit
• DOJ Asks 2nd Circ. To Rehear Bayer Pay-For-Delay Suit
• Ex-Velocita Workers Off Hook For Secrets Settlement
• Panel Nixes SportsStuff's Deals With Insurers
• Lewis Ruling Highlights Pitfalls Of Employment Tests
• The 4 Factors Behind The Cipro En Banc Hearing
• DC Circ. Won't Rehear Calif. Emissions Challenge
• Potash Suppliers Deny Price-Fixing In 7th Circ. Appeal
• NJ High Court OKs Duane Morris Malpractice Suit
• Calif. Ruling Puts More Cos. At Risk For Wage Suits
• Groups Urge Fed. Circ. To Rethink Novo Nordisk Win
• Nonsettling Enviro Case Parties May Intervene: 9th Circ.
• Canada High Court Lets DRAM Antitrust Class Stand
• 3rd Circ. Reviews Bar On Ex-Bimbo Exec's New Job
• Fed. Circ. Deems Purdue's Tramadol Patents Invalid
• 6th Circ. Sides With NLRB In ADT Security Spat
• Wyeth Wins Brawl Over Heartworm Drug In 1st Circ.
• NextBank Investor Win OK'd In $50M Fight With FDIC
• 3rd Circ. Hands 'Exide' Mark To Rival EnerSys
• Sometimes, An Exclusion Is Just An Exclusion
• 10th Circ. Remands Wyeth, GSK Suits Over Preemption
• Abbott's Appeal Bid Nixed In Norvir Pricing Suits
• 9th Circ. Clears Gap, Vangent In Stolen Laptop Suit
• 3rd Circ. Revives Duro-Test Workers' Cert. Hopes
• Fed. Circ. Nixes $15.7M Award In Blood Device IP Suit
• 5th Circ. Remands Halliburton Oil Rig Accident Case
• DC Circ. Affirms Consumer Fraud Suit Win For Marriott
• Special Master Affirmed In DuPont Marketing Case
• Green Group Loses Appeal Against Calif. Business Park
• Novell Fights Ruling For Vigilant In Unix Defense Suit
• High Court Won't Hear LA's Case Over Biosolid Ban
• Judges' Econ Training Affects Antitrust Rulings: Study
• EEOC Seeks Appeal In ADA Retaliation Case
• Air Traffic Controllers' FAA Dispute Back In Play
• Court Clears Fen-Phen Attys Of Malpractice Claims
• Conn. Court Denies Police Captains Bargaining Power
• Hospital Takes Angioplasty Antitrust Fight To 9th Circ.
• American Needle V. NFL: Short Of The End Zone
• DC Circ. Revives Hospital Race Bias Class Action
• 3rd Circ. Affirms Nixing Of Kickback Suit V. Stryker
• Global Warming Case Tossed Over Lack Of Quorum
• Medical Resident FICA Dispute Heads To High Court
• $1M Fees Award Nixed In Leviton's Shock Guard IP Suit
• Fed. Circ. Affirms 128 Percent Duty On Thai Bags
• 2nd Circ. Nixes Wackenhut Guards' Arming Up Suit
• State Court Must Rule On Gas Tax Dispute: High Court
• SG Asks High Court To Turn Down Retroactivity Case
• SG Urges Justices To Reject Pfizer Nigeria Case
• High Court Won't Hear Tobacco Cos.' Spat With Mont.
• SG Says KBR's Combat Liability Not Ripe For Cert
• Charity Loses Bid To Revive $300M CDS Suit V. AIG
• Calif. Utilities Win Bid To Pursue $35M Crisis Claims
• Dow Jones' Factiva Doesn't Infringe Web IP: Fed. Circ.
• Activision Board Upheld Duty In Vivendi Merger: Court