Appellate Archive » April, 2011

Appellate - April, 2011

239 articles

• Pay Up, 9th Circ. Tells Gibson Dunn In Sanctions Row
• NFL Lockout Can Resume Pending Appeal: 8th Circ.
• DC Circ. Denies Aera Of Calif. Oil Leases
• 10th Circ. Sides With Vigilant In Novell Coverage Suit
• 2nd Circ. Sends Deductible Question To Conn. Court
• Fed. Circ. Shuts Door On Juniper False Marking Suit
• Billups' Gene Test Patents Are Invalid: Fed. Circ.
• Fed. Circ. Revives Wellman Resin Patent Suit
• DC Circ. Backs Calif. Emissions Regs For Carmakers
• 2nd Circ. To Eye Class Cert. Denial In MBS Suits
• DC Circ. OKs Funding For Embryonic Stem Cell Research
• Del. High Court Nixes Insurer's Win In ConAgra Fight
• Fed. Circ. Upholds 3.4% Duty On Dell Batteries
• South Edge Loses Appeal Of Involuntary Ch. 11
• Statek Wants 2nd Circ. To Revive $85M Law Firm Claim
• With Death Benefits, Don't Count On Divorce Decrees
• Getting Out Of The Eastern District Of Texas
• Expertly Navigating Federal Expert Disclosure Rules
• 9th Circ. Revives CFAA Counts In Search Firm Case
• 6th Circ. Flunks DOL Suit Over Student Labor
• Polypore Takes FTC Divestiture Order To 11th Circ.
• 9th Circ. OKs Breakup Of UPS Wage-And-Hour Class
• 8th Circ. Sides With DAP In Accidental Death Suit
• Civil Liberties Groups Back Banks In MBIA Appeal
• 9th Circ. Rules For Wash. City In Salmon Stream Suit
• 2nd Circ. Favors Deloitte In Pension Plan Action
• AT&T Mobility V. Concepcion: A Win For Class Waivers
• Who Has Jurisdiction Over CBA Disputes?
• Abbott Appeals $3.5M OT Ruling In 7th Circ.
• 9th Circ. Reinstates Finisar Derivative Case
• Insurers Drop 2nd Circ. Appeal Of Milberg Coverage Suit
• 7th Circ. Lets Bulgarian Dating Site Off Hook In IP Row
• HP Investor Appeals Denial Of Report On Hurd's Exit
• Case Study: Huertas V. Galaxy
• Ex-Lehman Boss Appeals $20M Barclays Severance Suit
• Arbitration Contracts Can Ban Class Actions: High Court
• Google Books And The Complexity Of Digitalization
• Xerxes Escapes Liability For 'Outrageous' Racism
• High Court Mulls Vt. Limits On Use Of Drug Data
• 2nd Circ. Lifts Ex-Dorsey & Whitney Atty's Suspension
• Ex-Deloitte Atty Decries Pension Ruling In 2nd Circ.
• Antitrust Law Can't Apply To NM Insurance Rates: 10th Circ.
• Mich. High Court Nixes Challenge To Merit Water Permit
• Starbucks Not Required To Find Plaintiff For Pot Suit
• Refining The Standard For Analogous Art
• Using RICO In Environmental Suits
• Fed. Circ. Backs $43M Award In Spent Nuke Fuel Suit
• Fed. Circ. Curbs Specific Jurisdiction In Pet Door Spat
• BP Facility Not Subject To Public Utility Regs
• US Urges High Court To Overturn Securities Fraud Ruling
• The Divide Over The Divided Infringement Defense
• High Court Won't Hear Text Messaging Antitrust Case
• Supreme Court Rejects Fast-Track Health Care Appeal
• 8th Circ. Enforces NLRB Order Against Whitesell
• NY Court Curbs Diesel Emission Regs For Contractors
• Northgate Infringes Lexion Laparoscopy IP: Fed. Circ.
• Yahoo Gets 2nd Shot To Nix $12.4M Online Ad IP Verdict
• 2nd Circ. Ejects Ex-DLA Piper Atty's Race Bias Suit
• DC Circ. Won't Rehear Fight Over EPA Fuel Regs
• DC Circ. Resurrects Blackwater Shooting Case
• 6th Circ. Rules For Ford In Mustang Trademark Fight
• How Rolls-Royce Relates To Wal-Mart
• Va. High Court Rejects Law Firm's Termination Suit
• 8th Circ. Scraps Applebee's Tip Action Appeal
• ERISA Preempts Hospital's Contract Claims: 2nd Circ.
• Fed. Circ. To Rehear Akamai Joint Infringement Case
• Kiewit To DC Circ.: 'Violent' Workers Deserved Firing
• Gulf Drilling Permits: A Saga In 3 Acts
• Tax Man Comes Calling For Ill. Online Retailers
• FairPoint Wins Approval Of Ch. 11 Plan
• High Court Urged To Make Grand Jury Subpoena Rules
• 4th Circ. Affirms $13.5M PBM Verdict In Enfamil Case
• Fed. Circ. Nixes Cargill Win In Fertilizer IP Suit
• Minn. Court Reverses $16M Plane Crash Verdict
• Tribe Squares Off With US Over Withheld Trust Docs
• JPMorgan's Missteps Cost Portfolio $1B, Ambac Says
• Bankruptcy Trustee Can Sell Mining Rights: 10th Circ.
• Inge Negligence Suit Against Gibson Dunn Revived
• EchoStar Ruling Offers Lessons For Cos., Attys Say
• The Scope Of Protective Orders For Medical Records
• The Trouble With Ch. 11 For Nonprofits
• Apportioning CERCLA Costs Post-Burlington Northern
• 4th Circ. Reverses IIF Whistleblower's Bill For Fees
• 11th Circ. Backs Ruling In Mining Rights Dispute
• 10th Circ. Rules On Eligibility For ADA Safe Harbor
• NY Court Affirms Stay In AIG Consulting Pact Suit
• Texas Court Snatches $6.7M Verdict From Homebuilder
• US Must Return Canadian Wheat Duties: Fed. Circ.
• High Court Weighs EPA's Purview In GHG Emissions Suit
• Pillsbury Loses Bid For Fees From Malpractice Suit
• 2nd Circ. Nixes Suit Over University's Medicare Bills
• WG Investors Ask 2nd Circ. To Stay $792M Distribution
• Raising The Bar On Proving Damages
• Big Lots Managers Fail In OT Class Cert. Appeal
• Twins Seek Rehearing In Facebook Settlement Suit
• 9th Circ. Pares State Claims In Airline Antitrust Suit
• High Court Eyes Invalidity In $290M Microsoft Case
• Coin Collectors Lose Bid For Info On Import Limits
• 5th Circ. Revives Suit Over River Barge Accident
• Workers Can Claim Disability While On Job: 2nd Circ.
• Fed. Circ. Mostly Affirms HP, Canon Dial-Up IP Win
• DOJ Asks High Court To Review GPS Surveillance Case
• High Court Won't Weigh In On Dyncorp Worker Contract
• PNC Wins Appeal Over Griffith Oil Purchase Deal
• 10th Circ. Revives Ford Front-Wheel Brakes Suit
• Calif. Appeals Court Refines Off-Duty, OT Standards
• 'Love And Other Drugs' In Real Life
• Challenging Loss Causation In The 2nd Circ.
• Welcome To The New Law360
• 5th Circ. Nixes Shaw Radiation Exposure Lawsuit
• JPMorgan Can't Duck Ala. County's Bribery Suit
• DC Circ. Seeks Input On Ferrosilicon Cartel Ruling
• Patents Can Be Reissued To Narrow Claims: Fed. Circ.
• Fed. Circ. Sinks $115M Wells Fargo Credit For SILO Use
• Feds Want Kuwaiti Co. Arraigned In $70M Fraud Case
• Ala. High Court Again Rejects Scrushy Appeal
• Satisfying The Amount In Controversy Requirement
• A Key Victory For Keyword Ad Programs
• Making Good Lawyers Into Great Partners
• Ex-Miner Barnhill Atty's Wage Claims Tossed
• 7th Circ. Reverses Remand Of SCI Overtime Action
• Duke Unit Must Pay Enviros' Legal Fees: 4th Circ.
• NH Can Deduct Premium From Pensions, Court Rules
• UBS Urges 2nd Circ. To Nix Hospital Co.'s ARS Win
• Supreme Court Microsoft Case Could Reshape Invalidity
• Calif. High Court Tosses Solar Project Challenge
• 9th Circ. Renews Case Over E&Y Role In $2.2B Scandal
• 1st Circ. Won't Rehear Puerto Rico Bank's Merger Suit
• Gibson Dunn Fights EnCana Suit Sanctions In 9th Circ.
• Arguments On Appeal: FTC V. Lundbeck
• 6th Circ. Nixes Tenn. Sen.'s Corruption Conviction
• Applying American Pipe In State Courts
• 4th Circ. Sides With US Over Peanut Crop Loss Payouts
• NJ Top Court Shoots Down Exxon's $7M Asbestos Appeal
• Patent Strategies Of A Laser Battle
• Fed. Circ. Partly Stays SynQor's Converter Ban
• 2nd Circ. Parses Antitrust Implications In ARS Action
• 4th Circ. Revives Coal Contract Dispute, Citing Hertz
• Zyprexa Payors Ask High Court For Shot At Eli Lilly
• High Court Asked To Hear Text Message Antitrust Suit
• FDA Urged To Help Get Prandin Row To High Court
• High Court Asked To Review 9th Circ. IPO Ruling
• Insurer Seeks High Court Word On Arbitration Fight
• Kappos Asks High Court To Review IP Evidence Limits
• Conoco Must Arbitrate Union's Grievances: 10th Circ.
• 2nd Circ. Lets UGI Off Hook For Cleanup Of 9 Gas Sites
• Rice Co. Asks 9th Circ. To Keep $13M Suit Out Of Iraq
• Questioning Class Action Waivers
• Fired Gov't Workers Must Sue Under CSRA: 1st Circ.
• Ala. Power Asks 11th Circ. To Block Air Quality Rule
• 9th Circ. Tosses Chip Co. Investors' Fraud Action
• Citizens Urges 7th Circ. To Nix Classes In Wage Suit
• DOJ Urges 2nd Circ. To Block BMI License Premium
• Hospitals Urge Court To Revive UnitedHealth Fraud Suit
• Fed. Circ. Rejects McKesson's Bid To Revive IP Suit
• Kuwaiti Co. Takes Fraud Summons Fight To 11th Circ.
• 9th Circ. Sides With Workers In Housing Deduction Case
• Democrat AGs Defend Health Care Law In 11th Circ.
• Wish They All Could Be Calif. Suits
• 9th Circ. Upholds Facebook Deal With ConnectU Twins
• Minn. Argues In Favor Of I-35 Bridge Collapse Suit
• 2nd Circ. Firefighter Bias Case Similar To Ricci: Atty
• Mass. Court OKs Power Plant Cooling System Regs
• Mo. AG Backs Health Care Law Challenge In 11th Circ.
• 9th Circ. Affirms Bar On Ariz. Immigration Law
• 7th Circ. Overturns Kraft Win In ERISA Class Action
• 11th Circ. Nixes Injunction On Fla. Mining Permit
• Secured Lender Review: 7 Cautionary Rules — Part II
• Ex-NY Sen. Tells 2nd Circ. Guilty Plea Was Coerced
• Calif. Judge Nixes CBD Legal Fees Award
• Fed. Circ. Upholds Navy Win Over Puerto Rican Land
• 4th Circ. Won't Revive DuPont Teflon Suit
• Broad CGL Ruling May Leave Texas Contractors In Lurch
• Devon Energy Loses Jurisdiction Fight In Cleanup Spat
• Green Groups Appeal Delta Smelt Ruling To 9th Circ.
• 2nd Circ. Affirms $1.2B WTC Insurance Settlement
• False Marking Cases On Shaky Ground After BP Ruling
• Wash. High Court Grounds Plane Crash Suit
• No Sympathy For Off-Label Scripts Suits
• Bricks V. Clicks
• PwC Director Urges DC Circ. To Revive Age Bias Claims
• DOJ Fights To Keep $19M Fine In Sewer Bribery Case
• River Road Asks 7th Circ. To Let It Block Credit Bids
• Senate Panel Sends Liu Nomination For 3rd Vote
• 9th Circ. Says River Prospecting Doesn't Violate ESA
• Bencor Loses Appeal Of $5M In Claims In Marketing Row
• Insurer's Appeal Over $27M Accident Payout Backfires
• DC Circ. Asked To Revive Suit Over Ky. Power Plants
• DC Circ. Lifts Stay On Fed's Pay Rule Change
• Blinded Mexican Patients Can Bring US Suit: 9th Circ.
• Fed. Circ. Trims Damages In Spent Fuel Contract Suit
• Calif. Appeals Court Rejects 49ers Stadium Challenge
• Business Groups Attack SEC Proxy Rule In DC Circ.
• Giving Teeth To A Repeat-Filing Statute
• Ex-Enron CEO Loses Conviction Appeal In 5th Circ.
• NY High Court Reverses Midland Choice-Of-Law Dispute
• 8th Circ. Clarifies CERCLA On Contribution Claims
• JPMorgan Can't Ask Insurers For $214M, Atty Argues
• Bear Stearns Not Liable For Baron Fraud: Atty
• 6th Circ. Upholds FTC Ruling Against Realtor Group
• Fed. Circ. Sends RealTime Patent Suits To SDNY
• A Survey Of Employment Arbitration Clause Cases
• Is It Material? Depends On Who You Ask
• Court Favors Malibu In Environmental Review Spat
• Texas Court Nixes $13.5M Contingency Fee For Atty
• 3rd Circ. Nixes Nurse's ERISA Appeal Over Pay Records
• Williams Mullen Atty Confirmed For Fed. Circ.
• NY Appeals Court Keeps RBC Investor Suit Alive
• Liberty Sanctions Over Asbestos Coverage Deal Upheld
• Calif. Court Reverses Fee Award In RJ Reynolds Ad Row
• 7th Circ. Revives Race Bias Suit Against Ind. Coroner
• Fed. Circ. Mulls Smith & Nephew $5.2M Patent Win
• 6th Circ. Revives Abercrombie Derivative Suit
• Ex-K&L Gates Partners Launch New Firm In Seattle
• NLRB Can't Bar Union Fines For Safety Reports: DC Circ.
• Enron Beats Appeal Over Bank's $50M Ch. 11 Claim
• Builder Fights For $333M Army Contract In Fed. Circ.
• Calif. Court Revives Suit Over Drinking Water Plan
• Cordell Can't Enforce Injunction In Fraud Case
• 7 Ways To Avoid Privacy And Data Security Trouble
• 9th Circ. Revives Raytheon Discrimination Suit
• 2nd Circ. Won't Revive State Atty's Retaliation Suit
• Congress Can Mandate Health Insurance, US Says
• Myriad Pushes For Isolated DNA Patents In Fed. Circ.
• DC Circ. Nixes Verizon, MetroPCS Net Neutrality Suits
• Supreme Court Reopens States' Water Rights Dispute
• 3rd Circ. Revives Federal Junk Fax Class Suits
• Secured Lender Review: 7 Cautionary Rules — Part I
• 4th Circ. Allows Freightliner Hostile Workplace Claim
• Texas High Court Won't Rehear Exxon Sabotage Suit
• Fed. Circ. Restores Validity Of Can Construction IP
• Obama Picks Public Defender For DC Appeals Court
• DC Circ. Slams DOT's Shutdown Of Travel Brokers
• DC Circ. Blocks Fed's Pay Rule Change
• Kwikset Ruling To Reignite False Ad Suits By Rivals
• Texas High Court Backs 3rd-Party Property Contracts
• Class War And The Women Of Wal-Mart
• Put On Your Copyright Transfer Shoes
• Combating Junior Lawyer Fallout — Part II