Appellate Archive » August, 2010

Appellate - August, 2010

252 articles

• Omega Slams Costco In Top Court Copyright War
• Merrill, BofA Stock Not Needed To Bring Suit, Court Says
• 3rd Circ. Lets Sabinsa's Win In Trademark Suit Stand
• 6th Circ. Revives Part Of Kellogg Don, Doff Suit
• US Seeks Stay On Stem Cell Funding Ban For Appeal
• SunCal Can't Wriggle Out Of Lehman Automatic Stay
• Citing Errors, Fed. Circ. Remands Clearwater Patent Suit
• TBS Abandons Appeal Of $281M Atlanta Teams Spat
• Brooks Bros. Loses On Appeal In False Marking Suit
• Ex-Pfizer Worker Loses Bid To Revive ERISA Dispute
• SG Urges High Court To Skip Philippines Mining Case
• 8th Circ. Revives CEVA Logistics Race Bias Suit
• United Rentals Survives Cerberus Merger Suit Appeal
• Orrick Nabs IP, Appellate Pro From O'Melveny
• ClearOne Wins Fee Fight With Ex-CEO In 10th Circ.
• Green Groups Ask To Join Texas Air Quality Fight
• In 3 Pa. Rulings, Pharma Loses A Little But Gains A Lot
• Jones Soda Securities Action Fizzles In 9th Circ.
• Medicare Part D Fraud Claims Preempted: 9th Circ.
• Skilled Healthcare Fights Injunction In Patients' Suit
• Ajaxo Wins Royalties For E-Trade IP Theft On Appeal
• Microsoft Takes $300M Loss In I4i Suit To High Court
• Court Tosses Asbestos Verdict Over Jury Instructions
• 2nd Circ. Nixes RxUSA's Bid To Revive Antitrust Suit
• Losing The Bid: Philadelphia Newspapers Sale Dispute
• Trade Group Backs Matrixx On Side-Effect Reporting
• Fed. Circ. Narrows Scope Of Patent Misuse Defense
• Fed. Circ. Nixes Appeal In Vaccine-Autism Link Case
• 3rd Circ. To Review Tossed $295M De Beers Settlement
• 11th Circ. Nixes Callaway Accountants' FLSA Suit
• 9th Circ. Reopens Deaf Worker's Suit Against UPS
• No Rehearing In Battle Over Dynegy Exec's Legal Fees
• 8th Circ. Won't Revisit Sensient Flavors Trademark Loss
• Arkema, Solvay Win Challenge To EPA Rule In DC Circ.
• Fed. Circ. Clears Chinese Electrical Devices In 337 Suit
• Kroger Has To Arbitrate Union Grievances: 6th Circ.
• Lilly Gets Longer Reprieve On Strattera Appeal
• 8th Circ. Orders New Trial In FedEx FMLA Case
• The Legal Market In Transition
• New Trial Ordered On $32M In Damages Against KPMG
• FCC Seeks Rehearing Of Indecency Rules Challenge
• BofA Needn't Arbitrate Client Poaching Case: 8th Circ.
• Rejecting The 'Fraud Created The Market' Theory
• Accountants Not Liable In DeNiro Restaurant Suit: Court
• IDT Seeks To Revive Suit Over $42.5M Winstar Deal
• 6th Circ. Revives Part Of TMW's Coverage Dispute
• Argentine Central Bank May Not Be Immune: Judge
• Wal-Mart Wants High Court To Settle Class Cert. Split
• Dispatch From Canada: Use Disclaimers With Caution
• Insurer Off The Hook In Junk Fax Coverage Spat
• AISLIC Prevails In Toxic Gas Coverage Dispute
• NY Court Asked To Weigh In On Anti-Poaching Rule
• Religious Charities Exempt From Title VII: 9th Circ.
• Kaiser Fights Malpractice Loss Against Squire Sanders
• Obama Administration To Appeal Stem Cell Ruling
• Calif. Court Grounds Alaska Air Whistleblower's Suit
• Minn. Gets OK To Sue Jacobs Over Bridge Collapse
• Mass. High Court Clears Derivative Dismissal Rule
• CORRECTED: 7th Circ. Affirms Class Cert. For Conseco Investors
• Lenders Move To Stop Confirmed Bashas' Ch. 11 Plan
• NJ High Court's Guidance Expanding Spoliation Analysis
• 6th Circ. Affirms NCAA's Win In Lacrosse Antitrust Suit
• Perry Win Upheld In 'Mad Black Woman' Copyright Suit
• Arrowood Win Upheld In Pollution Indemnification Suit
• Lawn Mower Horsepower Plaintiffs Fight $65M Deal
• Fed Denied Review Of Order To Give Bailout Details
• Puerto Rico Developer Wins New Trial In CWA Case
• Ariz. Court Closes Door On Fidelity Collecting $8M Win
• Virgin Trademark Suit Lacks Jurisdiction: 11th Circ.
• Caviar Cos. Can't Amend FWS Permit Suit: 6th Circ.
• NJ Court Affirms $9M Asbestos Award Against Exxon
• 9th Circ. Affirms Threatened Status Of Calif. Steelhead
• 2nd Circ. Vacates $34M Fraud Judgment Against AIG
• 11th Circ. Boosts BoNY In Noncompete Spat
• 2nd Circ. Counterfeiting Ruling Boosts Brand Owners
• Sonnenschein Seeks High Court Look At Contract Spat
• Visteon's Impact On Debtors' Ability To Cancel Benefits
• 10th Circ. Affirms Remand Of Superfund Fraud Case
• 9th Circ. Revives 'Delicious' Suit V. Victoria's Secret
• Calif. High Court Snuffs Out Intel Trade Secrets Suit
• Blank Rome Out As Counsel In Contract Suit V. J&J Unit
• 9th Circ. Remands Mercury Backdating $29M Fee Award
• Sills Cummis Eludes Ex-NJ Bank Execs' Malpractice Suit
• Understanding NC V. Tennessee Valley Authority
• Microsoft, GM Back Cisco On Patent Indefiniteness
• 3rd Circ. Upholds Nixing Of Lloyd's Contracts
• Fed. Circ. Revives Transocean IP Case Against Maersk
• 6th Circ. Partially Revives Wyeth Redux Liability Suit
• Ind. Court Nixes Law Firm Malpractice Ruling
• 5th Circ. Reaffirms Toss Of Leegin Price-Fixing Suit
• 11th Circ. Lets Insurer Off Hook In Bad Faith Action
• 10th Circ. Revives EPA's Suit Against US Magnesium
• Insurers Not Entitled To Paid Defense Costs: Pa. Court
• 8th Circ. Nixes Hospital Antitrust Suit Against CR Bard
• Logging Runoff Not Exempt From Permits: 9th Circ.
• 5th Circ. Rejects $20M Katrina Insurance Award
• Motions To Strike Can't Nix Damages Claims: 9th Circ.
• The Calif. Union Trespass Problem Just Got Easier
• Schering Shareholders Win Access To Board Notes
• 9th Circ. Nixes Class Denial In Land Rover Tire Suit
• SC High Court Sets New Rule In $31M Ford Appeal
• Pa. Court Refuses To Nix Counsel In Risperdal Suit
• Calif. Groceries Must Face Price-Sharing Suit: 9th Circ.
• Salsa Musicians Fail To Reignite Copyright Claims
• 3rd Circ. Revives Amtrak Sex Bias Suit
• Comcast Wins $13M Cable Costs Spat With Mass. City
• 5th Circ. Won't Rule Yet On Drilling Ban Injunction
• Calif. School District Must Hand Over Payroll Info
• DC Circ. Keeps Price Caps On Gas Pipeline Releases
• DC Circ. Won't Revive Age Bias Suit Against FDIC
• 9th Circ. Flips Verdicts In Porn Star Copyright Suit
• Limiting The In Pari Delicto Defense In Pa.
• No Calif. Same-Sex Marriage During Appeal: 9th Circ.
• 3rd Circ. Upholds Dismissal Of BDO Investor Action
• Lilly Seeks To Block Generic Strattera Amid Appeal
• 3rd Circ. Sides Mostly With Insurers In Antitrust Suit
• 9th Circ. Upholds Arbitration Win For Tortilla Maker
• 2nd Circ. Revives Sex Bias Case Against Verizon
• Northstar Loses Claims Against Schwab On Appeal
• 11th Circ. Upholds Ex-Bankest Execs' Fraud Convictions
• Flagpole Co.'s Trademark Suit Against Wal-Mart Revived
• NY Court To Weigh In On Divorce Funds In Ponzi Suit
• Arguments Against Fixed Fees, And Why They're Myths
• AAI Pushes For Class Cert. In Hospital Merger Suit
• 7th Circ. Affirms Trademark Loss For Chair Maker
• $99M PHLX Settlement Ends Federal Case: 3rd Circ.
• Biopsy Tool Patent Not Infringed: Fed. Circ.
• Non-Owner Of Building Still Insured, 8th Circ. Rules
• Contract Spat Win For Macy's Supplier Overturned
• Cantrell Loses Appeal Of Honest Services Conviction
• Ga. Court Affirms Easing Of Insurance Revocation Rules
• TruePosition's $43M Win Upheld In Cell Phone IP Suit
• Colleges Fail To Get More From Celotex Asbestos Trust
• Plaintiffs' Atty Barred From Using Leaked Zyprexa Docs
• 8th Circ. Denies Class Cert. In ReliaStar Annuity Spat
• 11th Circ. Affirms Breg Pain Pump Suit Dismissal
• Calif. Appeals Court Revives Grilled Chicken Case
• 8th Circ. Upholds FEMA Win In River Levee Suit
• Ex-CA CEO Kumar Can't Cut Down 12-Year Sentence
• Atari Exec Gets Off $6.7M Bankruptcy Hook
• 7th Circ. Sides With McNeil In $3.5M Motrin Allergy Case
• Calif. Gay Marriage Ban Officially Lifted
• 8th Circ. Nixes Sierra Club Suit Over SD Power Plant
• 6th Circ. Reverses Union Victory Against AK Steel
• 1st Circ. Vacates Award In Hotel Plan's ERISA Suit
• 2nd Circ. Finds For Garment Workers In FLSA Suit
• Case Study: In Re Visteon Corp.
• Kaiser-Francis Appeal Of Gas Royalty Class Rejected
• Aussie Court Revives Qantas Price-Fixing Action
• Viacom Appeals Ruling For Google In YouTube Case
• Pegasus Again Loses Appeal Of Ch. 11 Dismissal
• Mayer Hoffman Hangs On To $1.4M Noncompete Win
• 3rd Circ. Affirms Dismissal Of Aetna Securities Action
• Scorned Axcelis Investor Loses Doc Access Appeal
• Guardian Trumps SF Weekly In Predatory Pricing Appeal
• 7th Circ. Nixes Utility's Bid To Guard $10M In Assets
• 1st Circ. Won't Revisit Lockheed Race Bias Case
• 10th Circ. Affirms $15M Award In Swift Accident Case
• SF Wins Fight Over Local Health Care Rules
• 4th Circ. Revives GP Paper Towel Trademark Spat
• Tip-Pooling Cases Down, Not Out After Calif. Ruling
• 5 New Insurance Opinions By The Texas High Court
• DirecTV Exits Rembrandt's Appeal Of Dial-Up IP Suit
• Coke Wins Dismissal Of 'Calorie-Burning' Enviga Suit
• No Loss Causation In Thane Investor Suit: 9th Circ.
• 7th Circ. Says Verizon Can Fix $1B Error In Benefit Plan
• 3rd Circ. Revives Blueberry Farmers' Suit V. Novartis
• Madoff Investors Fight 'Net Equity' Ruling In 2nd Circ.
• Travelers V. INA And The Follow-The-Fortunes Doctrine
• 5th Circ. Snuffs Out Protest Of Master Tobacco Deal
• Lehman Minibond Holders OK'd To Go After LBSF
• DC Circ. Orders FERC To Explain Rate Suspension
• 9th Circ. Upholds Vernal Pool Habitat Protections
• Antitrust Suit Against Allstate, State Farm Gets New Life
• Fed. Circ. Revives Medical Software Patent — For Now
• Calif. High Court Nixes Tip-Pooling Suit
• Jackson Lewis, Winokur To Pay Up For Late Appeal
• Pension Fund Barred From Seeking $3B In Nortel Ch. 11
• GM Loses Appeal Of $3.5M Rollover Verdict
• Novo Wins Sex Harassment Suit Before 11th Circ.
• Dow Chemical Spill Suits To Be Heard In State Court
• American Airlines Gets $1M Retaliation Verdict Nixed
• FDIC Avoids Liability For Dime Bancorp Warrants
• Effects Of SEC V. Byers On Creditors' Rights
• Fish & Richardson Still Repping BofA In Check IP Suit
• Barclays 'Hot News' Ruling Threatens Google, Twitter
• Alcoa Unit Loses Appeal In Chemical Disposal Spat
• DirecTV Didn't Infringe Recognition IP: Fed. Circ.
• 1 Counterfeit Item Enough For Jurisdiction: 2nd Circ.
• Illegal Pay Verdict Against POGO, Gov't Worker Nixed
• Fed. Circ. Upholds AT&T Win In Ring-Back Patent Suit
• 3rd Circ. Clears Fox Rothschild In Corruption Suit
• 5th Circ. Rules RSUI Must Cover Wind And Flood Damage
• DC Circ. Orders SEC To Review NYSE Arca Data Fees
• 9th Circ. Grants NDS $18M In Fees In EchoStar Suit
• Cisco Seeks Rehearing On Router Patent Indefiniteness
• $10M Verdict For Accutane User Nixed On Appeal
• Ex-Bristol-Myers Employee's Title VII Suit Revived
• EnergySolutions Radioactive Waste Suit Revived
• Q&A With Lane Powell's Tom Sondag
• When You And Your Contingency Fee Client Disagree
• Fed. Circ. Vacates Perrigo Win In Mucinex ANDA Spat
• Dish Network Fights DBSD Plan Cramdown In 2nd Circ.
• 7th Circ. Nixes FCC Objections In Airadigm Ch. 11
• Chevron Faces Forum Choice Scrutiny In Pollution Suit
• Ex-Google Worker Wins Day In Court In Age Bias Fight
• Fed. Circ. Revives Pig Virus Patent Claims V. Intervet
• Pa. High Court To Tackle Prevailing Wage Law Case
• 11th Circ. Keeps Michelin Rollover Suit In Fed. Court
• Case Study: Sullivan V. DB Investments
• Dell Takes Fight Against Battery Duties To Fed. Circ.
• Fed. Circ. Says Cordis Didn't Infringe Stent Patents
• Calif. Gay Marriage Ban Overturned
• 2nd Circ. Says Creditors Can Use Argentine Fund Assets
• Sempra's $48.5M Verdict Against Marsh Upheld
• 9th Circ. Finds AOL's 'Advertising.com' Mark Generic
• FCBA Weighs In On Recusal In Myriad Gene Patent Suit
• Farmers Entitled To Atty-Client Privilege, Court Rules
• NJ High Court Sets Guidance For Spoliation Sanctions
• DC Circ. Revives Almond Growers' Suit Over USDA Rule
• Fed. Circ. Won't Halt Interference Over Allvoice Patent
• New Trial Ordered In $4M Wyeth Retaliation Suit
• Fed. Circ. Affirms $2.8M Patent Verdict Against Sprint
• Implications Of The Rent-A-Center Decision
• FTC Weighs In On TiVo, EchoStar DVR Contempt Fight
• 3rd Circ. Upholds Cyberonics Win In Liability Case
• Brooks Bros. Blames Supplier For False Marking
• False Advertising Injunction Upheld Against Viance
• 4th Circ. Tosses RICO Suit Over US Airways Merger
• Eisai Calls For Tough Inequitable Conduct Standard
• Calif. City Loses Appeal For $75M CERCLA Recovery
• Mark Cuban Insider Trading Ruling Could Blemish SEC
• 9th Circ. Says NLRB Decides Representation Disputes
• 5th Circ. Says Castex Can't Arbitrate Contract Spat
• 5th Circ. Says Utex Can't Alter AT&T Contract
• In Pari Delicto Claim Cut From Madoff Victims' Appeal
• Employer, Beware: Outside Sales Reps May Require OT
• 11th Circ. Nixes Bio-Med Receiver's Bid To Clear Name
• 4th Circ. Won't Rehear Greenberg Search Warrant Suit
• 3rd Circ. Upholds Prison Co.'s Muslim Head Scarf Ban
• Calif. High Court Upholds Affirmative Action Ban
• 1st Circ. Orders Retrial In Unum False Claims Suit
• Fed. Circ. Rebuffs Attack On Skelaxin Invalidity Ruling
• 9th Circ. Won't Reopen Case Over Joshua Tree Dump
• Fed. Circ. Finds Coal Reclamation Fees Constitutional
• 7th Circ. Upholds $2.2M FLSA Judgment Against Kraft
• Conn. AG Blocked From Releasing Insurer's Docs
• 7th Circ. Nixes $2M Award For Alliance In Contract Suit
• Pfizer Win In Vaccine-Related Cancer Suit Overturned
• 7th Circ. Affirms Monsanto Win In Pension Class Action
• 7th Circ. OKs Booting Of Exxon, Shell Price Inflation Suit
• Copyrights On The Gray Market