Appellate Archive » September, 2010

Appellate - September, 2010

236 articles

• 5th Circ. Moots Drilling Ban Challenge
• Novartis Contact Lens Patent Invalid, UK Court Affirms
• Ruling In Enterasys Patent Suit Partially Vacated
• Consumers Urge High Court To Uphold AT&T Ruling
• Williams Mullen Trade Partner Tapped For Fed. Circ.
• Another Look At Confidentiality Requests
• 2nd Circ. Throws Out DHB Shareholder Settlement
• 'Ordinary' Visteon Shareholders Fight Confirmation
• 11th Circ.'s Cappuccitti Ruling Could Undermine CAFA
• Tech, Financial Sectors Back Microsoft High Court Bid
• 9th Circ. Nixes Suit Over Verizon Termination Fees
• Honest Services Law 'Tainted' Black's Jury, Atty Says
• US Chamber Fights SEC Proxy Access Rule In DC Circ.
• Senate Approves Ban On Animal 'Crush' Videos
• 9th Circ. Says Dollar Tree Isn't Successor In FMLA Suit
• Media Cos. Seek Voice In EA Athletes' Likeness Suit
• 2nd Circ. Bars SEC Access To Galleon Wiretaps
• Insurer Asks High Court To Rule On Arbitration Clause
• Patent Damages Post Festo
• 9th Circ. Snubs Abbott's Challenge To Norvir Cases
• Morrison Ruling Applies To RICO Suits, 2nd Circ. Says
• DC Circ. Lifts Injunction On Federal Stem Cell Funding
• 2nd Circ. Wrestles With Citi, S&P Stock Drop Suits
• 2nd Circ. Maintains Music Files Aren't Performances
• 9th Circ. Affirms $7.7M FLSA Award V. Chinese Paper
• Chrysler Can't Dodge $5M Verdict In Fatal Defect Suit
• FCA Qui Tam Suit Heads To High Court
• Supreme Court Will Hear Drug Pricing Dispute
• 11th Circ. Nixes Ruling For Merchant Capital In SEC Suit
• High Court To Hear Product Cases Against Foreign Cos.
• Fed. Circ. Won't Review Camera IP Claim Construction
• 9th Circ. Revives Potential $290M Class Action V. AMC
• US V. Magnesium Corp. — Don't Panic
• High Court To Take FCC-AT&T Corporate Privacy Case
• High Court Takes On Boeing's $3B Navy Contract Spat
• Supreme Court To Hear Baycol Class Cert. Dispute
• 6th Circ. Affirms Toss Of Owens Corning ERISA Suit
• 5th Circ. Orders Stanford Detained For 3rd Time
• A 'Curious Case' Revisited
• Cozen Snares DOJ's Stephen Miller
• US Scraps Ex-Credit Suisse Broker Sentence Appeal
• 8th Circ. Will Not Rehear Mining Co.'s Contract Win
• Kirkland Applicant Seeks To Revive Race Bias Suit
• US Chamber Backs Wal-Mart In Bias Action
• 2nd Circ. Looks To NY Court In Argentina Bond Appeal
• The Legality Of Profit-Sharing Assistance In Labor Spats
• Builder Appeals Standing Ruling In VA Contract Spat
• Telcordia Slams Cisco In Patent Indefiniteness Spat
• 11th Circ. Backs Colonial In Real Estate Case
• 9th Circ. Denies Rehearing On Asarco Land Swap
• Trudeau, FTC Spar In 7th Circ. Over $37.6M Penalty
• EEOC Loses Appeal In Theft Convict's Race Bias Suit
• 5th Circ. Tosses Expert In Benzene Exposure Suit
• 10th Circ. Refuses To Halt Utah Mining Permit Process
• Petters Co-Conspirator Fights 11-Year Sentence
• Convicted Ponzi Schemer Appeals 23-Year Sentence
• Wells Fargo Argues For Inclusion In Payment Card Deal
• 5th Circ. Keeps Insurer On Hook In Workers' Comp Case
• 9th Circ. Restores Forest Service Rules
• Fed. Circ. Sides With US In Software Contract Spat
• 3rd Circ. Nixes Class Settlement In Mortgage Litigation
• 5th Circ. Kills Ex-Army Major's Iraq Contract Appeal
• Intel, Via Didn't Infringe Circuit Patent, Fed. Circ. Rules
• ACLU Suit Threatens Whistleblower Secrecy
• Fed. Circ. Revives Patent Suit Over CPR Masks
• 6th Circ. Clears Ernst & Young Of Accredo Fraud Claims
• Maine Supreme Court Squashes Data Breach Claims
• WTO Holds Off On Airbus Appeal Ruling
• 10th Circ. Keeps Tribe Out Of Tyson Poultry Waste Suit
• Fed. Circ. Puts Contractors On Offense In Maropakis
• 11th Circ. Rules Shuttle Drivers Exempt From OT Wages
• Madoff Victim Fights To Revive Claim Cut From Appeal
• 5th Circ. Leaves Celanese On Hook For $4.6M Cleanup
• SEC's Mark Cuban Win Could Be Short-Lived
• Calif. Court Rejects Meal Breaks For State Employees
• Fla. Appeals ESA Ruling In Tri-State Water Wars
• 11th Circ. OKs Live Nation Win Over WrestleReunion
• 11th Circ. Rejects AT&T Bid To Nix $15.5M USF Award
• Amerisure Off Hook In Microplastics Defense Appeal
• Monster Exec's Appeal Could Affect Reporter Privilege
• Fed. Circ. Won't Stay Bar On Camtek Wafer Products
• High Court IP Roundup — Last Session, And What's Next
• Ponzi Schemer Appeals 9-Year, $30M Sentence
• Diocese, Not Insurer, Must Fund Sex Abuse Settlement
• 9th Circ. Judges Slam 'Rubber-Stamp' Sentence Review
• 8th Circ. Clarifies CAFA Local Controversy Exception
• 'Overbroad' Ruling On Bayou Fund Transfers Reversed
• US Appeals $68.8M Hit In Aviation Fuel Case
• Mintz Levin's Dismissal From Fraud Suit Affirmed
• AmEx Action Stayed For High Court Ruling In AT&T
• Winston & Strawn Nabs Ex-DOJ Atty, High Court Clerk
• Amici Ask High Court To Reject Calif. Video Game Ban
• Fed. Circ. Restores Philips Claims In Wi-Fi Patent Spat
• Aggregation Aggravation: Cappuccitti's Effect On CAFA
• 5th Circ. Affirms Win For AT&T Unit In IP Contract Spat
• Defense Bar Gains Ground In Money Laundering Battle
• High Court OKs More Reply Time In Attorney Ad Case
• Ackman Venture Contests Ruling On Stuy Town
• 9th Circ. Affirms Bar On Review Of CWA Orders
• Hilton Settles Copyright Spat Over 'Hot' Hallmark Card
• Shell Not Liable For Human Rights Abuses: 2nd Circ.
• Amgen Kickback Suits Consolidated On Appeal
• McGuireWoods Beats Client's Legal Malpractice Suit
• Tipping The Balance Against Retroactive NSR Action?
• 5th Circ. Undoes Noble Loss In $50M Rig Damage Suit
• Generics Subject To Solvay Sham Litigation Claims
• NM Uranium Mining Case Appealed To High Court
• 5th Circ. OKs Toss Of Gas-Rate Tampering Suit V. ETP
• Stay On $53M Ruling Upheld In Spent Nuclear Fuel Suit
• Repleading Resets Rule 11 Sanctions Clock: 2nd Circ.
• CERCLA Deal Can't Shield Sherwin-Williams: 9th Circ.
• Novartis Must Reply To Wyeth's Bid To Move IP Suit
• 3rd Circ. Chucks Ex-Mayor's Honest Services Conviction
• 8th Circ. Deals Blow To Georgia-Pacific TM Suit
• 8th Circ. Kills Suit Over Medtronic's Fidelis Disclosures
• AbTox Execs Seek New Trial Over Witness 'Perjury'
• Texas, Manufacturers Want Halt Of EPA's GHG Rules
• Induced Infringement After SEB V. Montgomery Ward
• 9th Circ. Declines To Rehear Insurers' Antitrust Appeal
• 9th Circ. Finds Calif. Railroad Pollution Laws Preempted
• Wyeth Asks 6th Circ. To Rehear Preemption Case
• 5th Circ. Revives Washington Group Katrina Claims
• 8th Circ. Revives Aurora Organic Milk MDL
• Class Cert. Question Revived In Microsoft Vista Suit
• Sierra Club, Chamber Sue EPA Over Texas Air Quality
• 11th Circ. Cuts QBE Insurance Payout In Hurricane Suit
• 9th Circ. Limits Electronic Search In MLB Steroid Case
• EU Court Urged To Nix Repsol Rubber Cartel Appeal
• BNSF Wins Remand Of $21M Train Crash Verdict
• Scalia Stays $270M Judgment In La. Smoking Suit
• The Curious Case Of Pharma Sales Reps And The FLSA
• 2nd Circ. Revives Class Action Over MF Global IPO
• 5th Circ. Vacates Sanctions Against Susman Atty
• Minn. High Court Favors Fitness Chain In FLSA Case
• EU Court Adviser Sides With AB InBev In 'Bud' Appeal
• EU High Court Upholds In-House Counsel Privilege Rule
• Sanofi Wins Appeal, Stay In Lovenox Antitrust Suit
• Fairfield Greenwich Can't Appeal Preemption Rulings
• Indirect Purchaser Standing Upheld In Shipping Suit
• Travelers To Appeal Duty To Defend In Wedding War
• Harvard Prof's Proxy Access Case Against EA Revived
• FDIC Appeals Loss In $905M Setoff Fight With Colonial
• Lego Loses Bid To Protect Brick Shape In EU
• When Cloud Computing Meets E-Discovery Obligations
• 'P&G Prestige Beaute' Mark Doesn't Infringe: EU Court
• EPA To Review Deregulation Of Hazardous Waste
• EU Court Overturns Vivendi Asset Sale Decision
• 7th Circ. Revives Bemis Retirees' ERISA Class Action
• Fed. Circ. Revives Patent Row Over Prostate Laser
• Fed. Circ. Upholds No Injury Finding From Flu Vaccine
• 9th Circ. Boots Bank Fraud Convictions In BofA Case
• EU Court Upholds €18M Fine For Bag Cartel
• Resale Of AutoCAD On EBay Violates IP: 9th Circ.
• The 3rd Circ. Interpretation Of 'Stub Rent'
• BofA Seeks Interlocutory Appeal Over Merrill Merger
• Part Of €530M Olympic Airways State Aid Order Tossed
• 3rd-Party Payor Class Nixed In Lilly Zyprexa Appeal
• 10th Circ. Upholds Solvay Win In Age Discrimination Suit
• Raytheon On Hook For Retiree Benefits: 9th Circ.
• 9th Circ. Upholds Chevron Win In Protester Killing Case
• Fed. Circ. Trims $7.4M Award In Medtronic Patent Suit
• RR Worker's Asbestos Claims Preempted: 3rd Circ.
• Gemstar Exec Loses Bid To Revive Stock Fraud Suit
• 9th Circ. Nixes Challenge To Calif. Gas Pipeline
• FedEx Drivers Take Employment MDL To 7th Circ.
• Fed. Circ. Revives Wind Energy Patent Dispute
• US Appeals Loss In Army Hospital Construction Case
• Medtronic Whistleblower's Kickback Suit Tossed
• Tri-Star Has Standing For Socket Patent Suit: Fed. Circ.
• Mylan Loses Bid To Toss Daiichi Benicar Patent
• Bundling Rebates Post-Southeast Missouri Hospital
• Plaintiff Denied Mandamus In Google Android IP Spat
• 9th Circ. Nixes Boeing Torture Suit Over State Secrets
• DC Circ. Temporarily Lifts Stem Cell Funding Ban
• Groups Urge High Court To Bar First-Sale Doctrine Use
• Ariz. E-Verify Law Is Illegal, Lawmakers Tell High Court
• US Cos. Lose Vietnamese Shrimp Suit On Appeal
• 2nd Circ. Strikes Down Challenge To BAPCPA
• EU Court Deals Blow To Austria's Gambling Monopoly
• Briefs Pile Up In Cat's Paw Case As Kagan Recuses
• Ill. Law Too Vague To Sustain CAA Suit: 7th Circ.
• SF Weekly Loses Rehearing Bid On Antitrust Appeal
• 8th Circ. Upholds Pollution Exclusion For Scottsdale
• 2 Things To Learn From English Patents Court
• Stauffer Paves Way For New False Marking Defenses
• Pitcairn To Appeal Dismissal Of Ch. 11 Case
• 6th Circ. Nixes $20.5M Verdict In Welding Fumes MDL
• DC Circ. Rejects DOI's Reading Of Title VII
• Fed. Circ. Revives Synthetic Mulch Patent
• EU Court Finds German Gambling Monopolies Illegal
• 3rd Circ. Shoots Down NutriSystem Commission Suit
• Fed. Circ. Reverses Patent Priority Rulings On Protein
• Inventor's Fraud Suit Revived Against Katten
• 3rd Circ. Expands EEOC Subpoena In Kronos Bias Probe
• $3.4M Torts Verdict Against Otis Upheld
• 10th Circ. Backs Insurer's Partial Win In Coverage Row
• Eminem's Label Wins Appeal Of Digital Royalties Loss
• Tropicana Noteholders Lose Appeal For $2M Legal Tab
• Stem Cell Research Ban To Remain Pending Appeal
• 2nd Circ. Won't Rehear Cipro Pay-For-Delay Suit
• 10th Circ. Reverses $1B Ruling Against Dow, Rockwell
• Ravens On Hook For Some Logo IP Claims
• 6th Circ. Affirms Fees Award In GE Jet Engine Suit
• PR High Court To Weigh Antitrust Law In Shipping Suit
• 5th Circ. Strikes Down Truckers' FLSA Appeal
• What Leegin's Conclusion Does (And Doesn't) Mean
• 7th Circ. Revives Wis. Gas Pricing Law
• 8th Circ. Says National Union Owes Travelers $10M
• Form 18 Complaints Trump Twiqbal: Judge
• Industry Urges High Court To Nix Global Warming Suit
• Burkle Appeals Barnes & Noble Poison Pill Ruling
• Japanese Ball-Bearing Co. Appeals Duty Finding
• French Court Cuts Damages EBay Must Pay LVMH
• La Cafetiere Wins Coffeemaker Suit Against Bodum
• 9th Circ. Says It Lacks Reach To Hear Appeal Of Remand
• SC High Court Evaluates US Product Liability Trends
• Bush-Era Grazing Rights Violate NEPA, 9th Circ. Rules
• 6th Circ. Says Gannett Unit Wrongly Fired Receptionist
• Hospital Slaps Back In High Court Cat's Paw Case
• 3rd Circ. Shoots Down Mellon ERISA 'Snapshot' Appeal
• Court Denies Latest Appeal In Lennon Video Dispute
• 9th Circ. Upholds Fine Against Medical Incinerator
• The IP You See, And The IP You Don't
• 9th Circ. Leaves Class Alive In Jackson RICO Suit
• Philip Morris' Appeal Of Smokers' Class Cert. Denied
• Daewoo Must Pay Funai $8M In VCR Patent Suit
• Fed. Circ. Upholds Ban On Teva's Generic Evista
• Pa. Appeals Court Revives 14 Prempro Suits
• Pension Fund Wins 'Pay Now, Dispute Later' Appeal
• 5th Circ. Sides With JPMorgan In Dispute Over Merger
• Hitachi Has No Patent Deal With Read-Rite: 9th Circ.
• Mass. High Court OKs Controversial $1B Wind Farm
• Emigrant's Appeal Of Award Over Banking Pact Nixed
• Wheel Maker Loses Appeal Of Liability Coverage Suit
• Fed. Circ. Affirms Dismissal Of Google AdWords IP Suit
• What You Can Learn From A Bimbo In A Bakery