Appellate Archive » March, 2011

Appellate - March, 2011

330 articles

• 9th Circ. Affirms Toss Of CalStar Suits
• Duane Morris Wards Off Texas Malpractice Suit
• NY Court Revives Medicor Claims Against UBS Units
• Fed. Circ. Strikes Down Use Of Zeroing On Korean Steel
• Ark. High Court Says General Tobacco Owes $2.45M
• House Passes Bill To Exempt Pesticides From CWA
• MPAA, Others Want 9th Circ. To Rehear Betty Boop Suit
• Fed. Circ. Overturns Customs' Wall Panel Duties
• LA County Owes Earthquake Insurers $6M, Court Affirms
• 2nd Circ. Backs Ex-NYC Police Chief's Fraud Sentence
• Case Study: Avalon Pacific-Santa Ana V. HD Supply
• Supreme Court Mulls Entrance Fees In Telecom Fight
• Win For Dow, Monsanto Upheld In $3M Indemnity Suit
• 7th Circ. Denies Cert. In Rolls-Royce Sex Bias Suit
• Liberty Scores 5th Circ. Win On Contractors' Coverage
• Ark. Appeals Court Nixes Dillard's Investor Suit
• Generics Makers Ask High Court For State Law Shield
• 9th Circ. Affirms EPA's Calif. Auto Emissions Ruling
• Fed. Circ. Vacates $5.8M Award In Ark. Flooding Suit
• 7th Circ. Lets Class Stand In DirectSat OT Action
• Inside Fed. Circ.'s Due Process Analysis
• 7th Circ. Sides With Chicago Teachers In Layoff Fight
• High Court Eyes Class Cert. Merits At Dukes Hearing
• Mo. Court Affirms $11M Award Over Pig Farm Stench
• Mortgage Insurer Fights Countrywide Arbitration Bid
• Cuban Co. Can't Renew Havana Club Mark: DC Circ.
• Wis. Court Denies AG's Bid To Pull Labor Law Appeal
• 3rd Circ. Cuts Clifford Chance From Investor Action
• Fed. Circ. Fines Sun, Caraco Attys In Eloxatin IP Case
• 8th Circ. Revives Armstrong Teasdale Malpractice Suit
• 7th Circ. Revives Investor Suit Over Cadant Loans
• Zurich Wins 9th Circ. Ruling On Actuary Coverage
• Va. AG Tells 4th Circ. Entire Health Care Law Must Go
• 3rd Circ. Backs Software Co. In Commission Suit
• 5th Circ. Upholds Class Denial In Title Insurance Row
• High Court Kills County's Drug Price Class Action
• An Ounce Of Prevention For Problems With No Cure
• White Collar Reach Of High Court Brady Ruling Limited
• Clarifying Standards In Keyword Ad Cases
• 7th Circ. Revives Police Officers' Race Bias Suit
• Class Action Mechanism Hangs In Balance With Dukes
• 4th Circ. Upholds FCA's Whistleblower Secrecy
• 9th Circ. Affirms Calif. Shipping Fuel Rules
• High Court Won't Hear Joshua Tree Landfill Case
• CSX Asks High Court To Tighten Employer Liability Rules
• 5th Circ. Says WQIS Must Pay $2M For La. Barge Spill
• 9th Circ. Upholds Smelt Protection Under ESA
• Fed. Circ. Affirms Patent Examiners' Review Standards
• Supreme Court To Hear Ministerial Exception Case
• Citigroup Loses Trademark Fight In Fed. Circ.
• Judge Misread MBIA Policies, Insurers Tell 2nd Circ.
• High Court Seeks US' View In Prandin Use Code Case
• The Gifting Doctrine V. The Absolute Priority Rule
• The Supreme Court's Stance On Preemption
• Maine High Court Allows Wind Projects To Move Forward
• High Court Rebuffs Fox Rothschild Atty Conspiracy Suit
• 2nd Circ. Prods Credit Suisse Over ARS Award Protest
• Fed. Circ. Revives Watson Challenge Of Seasonique IP
• High Court Won't Hear $12M Electronic Banking Fight
• Ex-Solicitor General To Rep States In PPACA Fight
• 11th Circ. Won't Enforce $97M Award Against Dole
• Wyeth Takes $58M Loss In Hormone Case To High Court
• Ill. High Court Says American Refund Closes Case
• Investor Tells 2nd Circ. Amaranth Lacked Controls
• Open-Ended Retainers Don't Limit Firms: Calif. Court
• Timbaland Copyright Claims Falter In 11th Circ.
• 11th Circ. Backs Class Cert. In YoPlus Ad Suit
• Howmedica Asks High Court To Weigh Polymer IP Case
• 2nd Circ. Affirms Suntrust Win In Defamation Suit
• Oral Complaints Get Retaliation Protection
• An Adverse Event For Statistical Significance
• Combating Junior Lawyer Fallout — Part I
• 9th Circ. Reverses Ex-Alaska Pol's Conviction
• General Dynamics Survives FCA, Retaliation Appeals
• 8th Circ. Exterminates Class Action Against Terminix
• Wis. Union Fight Heads To State Supreme Court
• Wis. Court Revives Milwaukee Sick Leave Program
• UK Court Slashes Antitrust Fines On Construction Cos.
• Fed. Circ. Nixes Apotex Appeal In Taxotere IP Fight
• NY High Court Lets Penguin Piracy Suit Fly
• FTC Drops Appeal Of LabCorp Merger Challenge
• UGI Fights Victorian-Age Pollution Claim In 2nd Circ.
• Calif. Worker Seating Cases A Pain In Butt For Cos.
• Antitrust Record Review: Obama's Judges
• 4 Views On Medical Device Preemption
• 1st Circ. Puts An End To Longest NYSE Arbitration
• 5th Circ. Lets Lexington Off For Hurricane Coverage
• Godwin Grows Dallas Litigation, Appellate Practice
• Wis. High Court Rejects Challenge To Water Permit
• Fed. Circ. Moves Fiber Optics Suit To Northern Texas
• 9th Circ. Won't Allow Gay Marriage During Appeal
• Pillsbury Fights For Expenses From Malpractice Suit
• Va. AG Urges High Court To Take Up Health Care Suit
• BT Loses Overcharges Appeal In UK Competition Court
• Calif. Appeals Court Allows Funding For $3B Tunnel Plan
• 3rd Circ. Upholds Prison Stint For Morgan Crucible CEO
• 4th Circ. Nixes Lead Plaintiff In Family Dollar OT Action
• Are Bayh-Dole's Best Days Over?
• Michael Best Nabs Ex-US Atty For Appellate Practice
• Hostile Workplace Claim Null Under USERRA: 5th Circ.
• High Court Weighs Gov't Worker Retaliation Protection
• Saint-Gobain Ruling Leaves Uncertainty For Employers
• Supreme Court Weighs Attys' Fees In Civil Rights Cases
• Matrixx Opens Door For Plaintiffs, But Only A Crack
• 3rd Circ. Finds Del. Contractor Law Unconstitutional
• 9th Circ. Mulls Quick-Look In Grocery Profit-Sharing Suit
• 2nd Circ. Sends Bechtel Contract Fight To Arbitration
• German Court Orders Deutsche Bank To Pay Over Swaps
• DOE, States Battle Over Yucca Mountain In DC Circ.
• FDCPA Liability: Do Lawyers Need Protection Too?
• CenterPoint Secures Win In Stranded Costs Fight
• Laser Game Patent May Be Obvious: Fed. Circ.
• Wis. AG Fights Judge's Order Blocking Union Limits
• High Court Denies $200M Hedge Fund Insurance Suit
• 2nd Circ. Revives Fight Over US Foreign Surveillance
• Supreme Court Won't Hear NJ Enviro Inspection Case
• Supreme Court Declines Eminem Royalties Hearing
• High Court Rejects Banks' Appeal Of Fed FOIA Ruling
• Fed Circ. Revives Ford Bid For NAFTA Duty Refund
• High Court Won't Hear Mylan IP Fight Over Benicar
• Supreme Court Rebuffs Cleveland Subprime Case
• No Superfund Coverage In Penn Policy: 4th Circ.
• US Backs I4i In High Court Patent Row With Microsoft
• 5 Marketing Lessons From Howrey's Graveside
• 1st Circ. Nixes NeuroMetrix Device Securities Suit
• High Court Rebuffs Monsanto Benefits Accrual Case
• Strictly Speaking
• Ex-NYC Police Chief Protests Sentence In 2nd Circ.
• In Re BP Lubricants Revisited
• Convicted Trader Protests SEC Penalty In 2nd Circ.
• Neb. Court Says Some Legal Costs Not Taxable In State
• 6th Circ. Cuts Fraudster's Money Laundering Charge
• Bill To Split Fla. High Court In Two Moves Forward
• 9th Circ. Asked To Revive Combat Chopper Crash Suit
• Mich. Can't Sue Merck Over Vioxx, Appeals Court Says
• US Fights Full 11th Circ. Review Of Health Care Law
• Employer Bears Burden On FMLA Rehiring: 9th Circ.
• Case Study: Williamson V. Mazda
• NY Court Revives Veritas Claims V. Ex-Stakeholder
• 7th Circ. Vacates Subprime Broker's 12-Year Sentence
• Doctor Class Loses Cert. In Travelers Fraud Suit
• Fed. Circ. Upholds Agency Firing Over Use Of Funds
• Rising Star: Baker Botts' Aaron Streett
• AIG Beats Derivative Suit In 2nd Circ.
• 2nd Circ. Lets St. Paul Off Hook For Software IP Suit
• Understanding FTC V. LabCorp.
• Casino Chip Co. Investors Try To Revive Fraud Action
• 1st Circ. Nixes FirstBank Appeal In Merger Fraud Suit
• 2nd Circ. Greenlights Chevron, Ecuador Arbitration
• Case Study: Unique Product Solutions V. Hy-Grade
• Mont. Orders AG To Join Health Care Reform Challenge
• DVD Maker Asks High Court To Move Calif. IP Suit
• Rising Star: O'Melveny & Myers' Matt Shors
• Steinbeck Heirs Take Copyright Battle To High Court
• Police Captains Ask High Court To Review Bias Suit
• Calif. Utility Wants High Court Review Of FERC Plan
• 4th Circ. Revives Decision Insight Trade Secrets Suit
• Fed. Circ. Vacates Atty Fee Award In Roofing IP Fight
• RJ Reynolds Asks Fla. High Court To Mull $28M Verdict
• 11th Circ. Nixes St. Paul Win In Bank's Bond Suit
• Loral CEO Hid Ch. 11 Prep, Investors Tell 2nd Circ.
• Fighting The False Marking Trolls
• States, NYC Urge High Court To Allow GHG Suit
• 5th Circ. Stays Judge's Drilling Permit Orders
• Paper Co. Keeps $29M Award In Coating Contract Suit
• 9th Circ. Refuses To Freeze $58M LabCorp Merger
• 5th Circ. Wipes Part Of EPA Factory Farm Permit Rule
• New Damages Trial Ordered In Exxon Royalties Suit
• UBS' $686M Suit V. Hedge Fund Still Has Legs: Atty
• S. African Court Dumps Fertilizer Cartel Case
• 7th Circ. Revives Auxiant ERISA Action
• Courts Can Sanction Foreign Governments: DC Circ.
• Fed. Circ. Cracks Down On False Marking Suits
• Board Can Impose Enviro Terms On Mergers: DC Circ.
• Rising Star: Gibson Dunn's James Ho
• Chevron Wins Contract Battle Over Lead In Calif.
• DOJ Contests Va. Health Care Law Appeal
• GE, Others Duck Wrongful Death Claims In 9th Circ.
• Calif. Court Flips Alleghany Fee Reimbursement Award
• 9th Circ. Affirms Coke Win In LA CERCLA Spat
• No Good Reason To Lower Invalidity Standard: I4i
• 5th Circ. Nixes Latest Stanford Bond Appeal
• 5th Circ. Denies Battery Recyclers' Fees Bid
• 7th Circ. Revives Elan Motorsports Contract Dispute
• Asbestos Air Monitor's Conspiracy Acquittal Nixed
• Fed. Circ. Won't Revisit Abraxis Loss In Naropin Suit
• 2nd Circ. Nixes Insurer's Appeal Of Spill Coverage
• 9th Circ. Won't Toss Korean Air Price-Fixing Appeal
• Rising Star: Jones Day's Shay Dvoretzky
• Betty Boop — A Threat To Licensing Programs
• FDIC Appeals $1.3M Ruling In WaMu Severance Suit
• Construction Cos.' UK Bid-Rigging Fines Lowered
• USPTO Confirms Validity Of Star's Tobacco Patents
• Texas Supreme Court Overturns Well Permit Grant
• 4th Circ. Revives Kevlar Antitrust Claim V. DuPont
• 7th Circ. Denies Fraudster Post-Skilling Relief
• 2nd Circ. Kills B&L Indemnity Bid, Not Defense Claim
• Va. Top Court To Hear AG Appeal For Climate Records
• 9th Circ. Grants New Bribery Trial For Ex-Alaska Pol
• NZ Court Backs Antitrust Watchdog In Gag Order Case
• Fed. Circ. Voids $60M Award In Nuclear Storage Suit
• Minn. Pharmacy Class Suit Wrongly Remanded: 8th Circ.
• Case Study: Precon V. US Army Corps Of Engineers
• WTO Rejects US Duty Double-Counting In China Fight
• Rising Star: Latham's J. Scott Ballenger
• The Vulnerability Of State Laws Favoring Unions
• WTC Owners Battle Airlines Over 9/11 Settlement
• Chevron Appeals $8.6B Enviro Judgment
• LA County Back On Hook For Watershed Pollution
• German Bank Says UBS CDO Was Designed To Fail
• UBS Touted Fraudulent Medicore Investments: Atty
• EU Embryo Patent Ban Covers Stem Cells: Court Adviser
• Black & Decker Workers Try To Revive OT Claims
• Texas Insurer Ordered To Indemnify Sabic In MTBE MDL
• Ponzi Schemer Nadel Withdraws Appeal In 2nd Circ.
• 5th Circ. Upholds Seacor's $3M Katrina Damages Award
• Becton Asks Fed. Circ. To Chuck $5M Syringe IP Loss
• Insurer Fights CIT Bond Ruling In Fed. Circ.
• Defining 'Inferred Intent' In Ohio
• The False Marking Statute Is Here To Stay
• Collecting ZIP Codes Could Haunt You
• Obama Taps NY, 10th Circ. Judges
• 7th Circ. Tosses Qui Tam Suit Over Wordy Brief
• Gaims Weil Can't Ditch Wiretap Claims: Calif. Court
• Morgan Stanley ARS Disclosures Take Stage In 2nd Circ.
• Allergan, Rivals Debate Competition Claims' Validity
• ITC Asks Fed. Circ. For No Early Saw Blade Review
• Utilities Contest US Nuclear Waste Fees In DC Circ.
• Fed. Circ. Reverses Altair Loss In Light Patent Suit
• Miss. Court Backs Local Noncompete Limits
• 2nd Circ. Upholds Monster Exec's Conviction
• Honda Plan Wrong To Deny Disability Benefits: 9th Circ.
• Superdome Owner Tries To Revive $13M Insurance Suit
• State AGs Support Health Care Law At 4th Circ.
• Case Study: Credit Agricole V. American Home
• 2nd Circ. Refuses To Nix Wachovia Appeal Of CDS Suit
• Countrywide Can't Blame MBS Loss On Crash: MBIA
• 3rd Circ. Affirms Sentence In 9/11 Repair Fraud Case
• Arrow, J&J Liability Claims Preempted: 11th Circ.
• Ind. Appeals Court Keeps Public Sewer Action Alive
• EPA Settles With Mich., Enviros Over Ship Discharges
• 6th Circ. Orders AT&T To Publicize Contract Terms
• AmEx Can't Bar Merchants' Class Action: 2nd Circ.
• 9th Circ. Overturns Order Barring Keyword Use
• Mo. Wins $20M Fight With Nationwide On Appeal
• Ex-Ala. Mayor Asks 11th Circ. To Flip Bribery Verdict
• EU Court Shaves Spanish Tobacco Cartel Fine
• Fed. Circ. Kills Mylan's Prilosec Antitrust Claims
• GSK Sales Reps Seek 9th Circ. Rehearing On OT Status
• Proposed Patent Court Breaks EU Law: High Court
• Calif. Court Employees Win Appeal Over Layoffs
• Impact Of Century-National Insurance V. Jesus Garcia
• German Court Affirms Void Of Medix Testing Patent
• State Utilities Renew Bid In DC Circ. To Nix DOE Fee
• Tousa Creditors Lose $316M Loan Appeal
• Generics Co. Asks Fed. Circ. To Revive Fortican Claims
• Wine Sellers Fail To Get Cert In Texas Shipping Case
• High Court Won't Hear Fraudster's $20M Diamond Case
• 2nd Circ. Affirms Ex-Stan Lee Exec's Fraud Sentence
• Cruisers Can't Argue Right To Trial Before High Court
• Insurer Liable For Construction Damages: Ga. Court
• AstraZeneca, Mylan Spar Over Prilosec Suit Dismissal
• High Court Denies Cert In Biopsy Tool Patent Suit
• Supreme Court Won't Hear CSC Race, Gender Bias Case
• High Court Refuses To Hear Bribery Appeals
• Supreme Court To Hear Foreign Copyright Case
• Supreme Court Spurns Investigation Retaliation Case
• Jets Fan's 'Spygate' Suit Won't Go Before High Court
• Flavor Co. Won't Have Its Day In Supreme Court
• University Of Phoenix Owner Loses High Court Cert Bid
• Tossing The 'Identical Or Nearly Identical' Standard
• It's Who You Know, Not What You Did
• High Court Won't Hear ERISA Whistleblower Case
• High Court Denies Cert On Ch. 11 Insurance Payments
• High Court Throws Cold Water On Sex Trademark Suit
• Top Court Refuses To Hear Pay-For-Delay Challenge
• High Court Won't Hear Challenge To 1998 Tobacco Deal
• 2nd Circ. OKs Toss Of Genesco Investor's UBS Suit
• Fed. Circ. Backs Retrial In Cisco Wireless IP Row
• Calif. Court Affirms Retrial In Sprint Fee Actions
• NASA Official Can't Shake Miss. Earmark Conviction
• Fed. Circ. Won't Send Eolas Web IP Suit To Calif.
• 2nd Circ. Says Coty CFO Owed $5M Over Stock Options
• Ex-Cyberonics CEO Defies Options Reports In 2nd Circ.
• 9th Circ. Extends Ariz. Judicial Emergency
• How Bankruptcy Can Affect Employment Prospects
• Merck Must Face Unjust Firing Suit, 1st Circ. Rules
• Class Cert. Appeals In Ind. — Door Ajar
• Limiting Liability For Construction Cos. In Ill.
• Group Sues For Access To Kagan Health Care Law Docs
• 4th Circ. Says Food Co. Must Face Gay Bias Trial
• Fla. Can Reject $2.4B In US Rail Money, Court Rules
• WaMu Wins Tax Refunds Off Thrift Deals In 9th Circ.
• IAC Loses Bid To Toss Suit Over Call Center Deal
• Online Sales Bans Anti-Competitive, EU Adviser Says
• 7th Circ. Pushes For Increase In E-Filing
• Siemens Loses Bid To Toss €397M EU Cartel Fine
• How To Get Your Vote Designated
• ZIP Code Ban Puts Calif. Retailers In Legal Gray Zone
• House Dems Introduce Supreme Court Transparency Bill
• Staub V. Proctor Hospital: Cat's Paw Has Claws
• Ark. High Court Knocks Down Gas Lease Challenge
• LA Mall's Picket Rule Violates Free Speech, Court Says
• Grappling With Retained Asset Accounts
• Ex-Calif. High Court Justice Heads To Irell & Manella
• Semiconductor Cos. Want Rambus IP Claims Stayed
• Texas Court Sides With State DOT In Contract Dispute
• Texas Court Revives Tire Pump Trade Secrets Suit
• 4th Circ. Sinks Builders' Bid For Damages From Insurer
• La. Atty's Prison Term Stayed In Tax Fraud Case
• 4th Circ. Revives Dow Bid To Kill Pesticide Study
• Blagojevich Sheds Bribery Allegations In 7th Circ.
• W.Va. Senate OKs Intermediate Appeals Court
• Fed. Circ. Invalidates Crafco Patent For Obviousness
• Mo. Labor Department Wins Contractor Wage Dispute
• One-Strike Drug Rule Not An ADA Breach: 9th Circ.
• Stanford Takes Speedy Trial Allegation To 5th Circ.
• Mo. High Court Rules On Insurer Venue Rules
• The Fiduciary Duty Of Insurance Brokers In NY
• Weighing Ch. 11 For Nonprofits In The 5th Circ.
• Defamation Suit Over 'CSI' Characters Tossed
• Gov't Not Immune From Back Pay Interest: 9th Circ.
• Cos.' Secrets Will Stay Secret Despite Privacy Ruling
• Calif. AG Asks 9th Circ. To Lift Prop 8 Amid Appeals
• Cato Joins Wham-O False Marking Debate In Fed. Circ.
• Labor Groups Urge Justices To Uphold Wal-Mart Class
• High Court Debates FOIA Role In Whistleblower Suits
• Fed. Circ. Won't Hear Raytheon Pension Case En Banc
• 2nd Circ. Must Reject Investors' Madoff Suit: UBP
• Cat's Paw Ruling Leaves Employers Scratching Heads