Appellate Archive » May, 2011

Appellate - May, 2011

258 articles

• Mo. Appeals Court Upholds $60M AG Edwards Settlement
• Caterpillar, Others Must Face Defect Suit: Calif. Court
• Feds Rain On Contractors' Cert Bid In Bribery Case
• Insurer Escapes Faulty Lid Coverage In Fruit Cup Suit
• 9th Circ. Keeps Sierra Nevada Logging Plan Suit Alive
• 10th Circ. Tosses Sierra Club Suit Over Wyo. Power Plant
• High Court Should Nix Antitrust Subpoena Appeal: DOJ
• High Court Won't Hear Novartis Appeal Of Zometa Suit
• 5th Circ. Reverses NYMagic Win In Stevedore Suit
• Banks Fight To Sue MBIA For Monetary Damages
• Actual Knowledge Necessary For Inducement: High Court
• DR Horton Bears Fruit
• A Pass For Lehman Rating Agencies
• W.Va. High Court Sidesteps Alpha-Massey Deal Challenge
• Supreme Court Rebuffs Conrad Black Appeal
• US Asked To Weigh In On Cellphone Radiation Suit
• Corn Growers' Pesticide Dispute Won't Go To High Court
• Canadian High Court Sides With Masterpiece In TM Fight
• 1st Circ. Denies Tardy Injunction Bid In Trademark Feud
• Freed & Weiss Can't Collect Extra Fees In Aon Case
• 11th Circ. Says Medmarc Must Cover Firm's Fraud Losses
• CenterPoint Can't Extinguish $15.5M Jury Verdict
• 4th Circ. Tosses $15M Labor Suit Against Verizon
• Calif. Diesel Engine Rules Not Preempted: 9th Circ.
• CIT Must Redo Analysis In BenQ Duty Fight: Fed. Circ.
• 7th Circ. Won't Rehear Kraft ERISA Challenge
• Insurer Didn't Breach Broker Services Pact: 2nd Circ.
• 2nd Circ. Spares BofA Parmalat Investors' $300M Claim
• Texas Top Court OKs Insurer Credit Checks In Bias Suit
• Calif. Appeals Court Tosses Fiji Green Ad Suit
• Case Study: Cynosure V. St. Paul Fire & Marine
• Upholding E-Verify In Ariz.
• Case Study: NJ Treasury V. Merrill Lynch
• 3rd Circ. Springs Ex-Rite Aid GC From Prison
• SG Sides Against Novo In Dispute Over Generics
• Judge Can't Nix Fees For Atty In OT Suit: 2nd Circ.
• 3rd. Circ. Upholds Worker's CUNA Disability Coverage
• W.Va. High Court Asked To Block Massey-Alpha Deal
• Medicaid Can Seek Money From Insurers: Mont. Court
• Calif. Court Revives Part Of State Farm Appraisal Action
• High Court Approves Ariz. E-Verify Law
• Fed. Circ. To Rehear McKesson Joint Infringement Case
• Ill. Court Says Winterland Investors Can Sue Owners
• Trust But Verify
• Calif. Appeals Court Bars Fees For Ex-Hoge Fenton Atty
• Liu Asks Obama To Withdraw 9th Circ. Nomination
• IP Lawyers Weigh In On Inequitable Conduct Ruling
• Fed. Circ. Tightens Inequitable Conduct Standards
• 3rd Circ. Nixes Chevron's Discovery Win In Ecuador Fight
• Implications Of Nafta Traders V. Quinn
• Calif. Appeals Court Allows Firm To Rep Water District
• Bankruptcy's New Rule 2019
• Atty Tells 2nd Circ. Madoff Investor Suit Has Legs
• MAS-Alere Merger Still On Despite Roche Suit: 7th Circ.
• Ohio High Court Allows AEP Rate Hikes To Cover Losses
• FTC Urges 3rd Circ. To Reverse Pay-For-Delay Ruling
• 6th Circ. Backs $8M Michigan First Win Over Loan Losses
• Fed. Circ. Revives Competition Claims In Latisse Suit
• Texas Challenges EPA's Greenhouse Gas Findings
• Wachovia Unit Tells 2nd Circ. It Need Not Arbitrate
• 8th Circ. Sends State Street Suit Back To State Court
• Of Screen Shots And Hearsay
• Trimmed Bereskin Malpractice Suit Continues
• 2nd Circ. Revives InterDigital's Damages Bid Over Stay
• Acer, Others Didn't Infringe Tessera IP: Fed. Circ.
• Calif. Appeals Court Nixes Carmax OT Action
• High Court Won't Hear Suit Over $1B ERISA Mistake
• Supreme Court Rebuffs Texas Bus Crash Case
• High Court Shuts Down $1.3B Stealth Aircraft Case
• Opening The Door To Prior Litigation Evidence
• High Court Preemption Ruling Would Hit Branded Cos. Hard
• Q&A With McDermott's Bobby Burchfield
• Case Study: Oasis West Realty V. Goldman
• 4th Circ. Returns W.Va. Pharmacy Suit To State Court
• Ex-Citi Brokers Lose Bid To Save Bonus Contract Suit
• 1st Circ. Scraps Bag Fee Verdict For AA Porters
• 9th Circ. OKs Jury Use In Granite Rock, Union Fight
• Texas Court Says Atty Allowed To Fire Partner
• Ex-Siegel Atty Wrongly Rep'd Business Partners: 2nd Circ.
• Twombly And Iqbal's Impact On Affirmative Defenses
• Remember Who Owns Privilege In Corp. Investigations
• Whistleblowers' FOIA Info: Going Down
• 9th Circ. Nixes Pharmacies' Pfizer-Wyeth Merger Suit
• Q&A With Morgan Lewis' Chuck Jackson
• Fed. Circ. Revives Arris' Data Technology Patent Suit
• Countrywide MBS Suit Revived In Calif. State Court
• Fed. Circ. Won't Revisit Koehler Paper Dumping Decision
• PRSI Can't Force Arbitration With Transcor: Texas Court
• 7th Circ. Upholds Black Lung Benefits Act Amendment
• Zuckerman Targets BDO Over $40M Madoff Investment
• Alaska City Must Pay Atty Fees To Enviros: 9th Circ.
• GOP Blocks Liu Confirmation For 9th Circ. Post
• Exela Didn't Infringe Alphagan IP: Fed. Circ.
• Conflict Of Interest Derails Enviro Arbitration
• Reading Between The Lines: Pooshs V. Philip Morris
• 'Blind Reliance' Is OK For ERISA Plan Admins
• Remington Not Liable For Rifle Explosion: 5th Circ.
• Q&A With Morrison & Foerster's James Huston
• Rabobank Can't Limit Damages In Credit Suisse Row
• Insurer Can't Rescind $20M Life Policy: Calif. Court
• Atty Wants Punitive Damages Against Orrick Restored
• 3rd Circ. Keeps NJ's Suit V. Merrill In State Court
• DOJ Urges 2nd Circ. To Back DMX License Structure
• NRC Rightly Relicensed NJ Nuke Plant: 3rd Circ.
• How Craigslist Got A School Administrator Axed
• Senate Confirms Yale's Deputy GC To 2nd Circ.
• 9th Circ. Won't Rehear Logging Runoff Permit Challenge
• Sale Negates Duke Ellington Royalties Contract: Atty
• 1st Circ. Revives Mass. Oil Spill Law
• Aegis' $100M Trade Secrets Suit To Stay In Calif.
• 9th Circ. Nixes Atty Fee Appeal In VW Class Action
• Attys Wrongly Revoked From Coverage Action: 4th Circ.
• 6th Circ. Affirms UAW Didn't Breach CBA
• 6th Circ. Upholds $101M Verdict Against HCP
• 3rd Circ. Upholds $20M Copyright Verdict For Graham
• Ex-Citi Brokers Face Tough 2nd Circ. In Bonus Action
• Is Class Arbitration Dead?
• Strategies For Removal From Texas
• NFL Lockout Still On After 8th Circ. Stays Injunction
• Supreme Court Won't Hear Howmedica Polymer IP Appeal
• Free Speech Can't Protect Reed Smith Atty From Suit
• La. DOJ Didn't Discriminate Against Ex-AGA: 5th Circ.
• $21M Welding Fumes Case Passed Up By High Court
• Cayman Entities Say BofA Should Face Parmalat Claims
• High Court Won't Hear Construction Cos.' Cartel Case
• High Court Seeks SG Input In Venezuela Bonds Case
• Small Business FOIA Fight Won't Get Day In High Court
• Fed. Circ. Won't Bar Retrial On Microsoft IP Damages
• Winklevoss Twins To Take Facebook Case To High Court
• Ga. High Court Favors Vaccine Makers In Defect Case
• High Court Vacates Benefits Ruling For Cigna Class
• High Court Won't Hear BNSF Appeal Of $300M Rate Ruling
• Case Study: In Re Universal Underwriters Of Texas
• FCA Fights Can't Rely On FOIA Requests: High Court
• Atty Unsatisfied With Sex Enhancement Drug Wins Round
• High Court Seeks US Input In Mortgage Fee Suit
• Banks Claim Right To Seek $5B From MBIA
• High Court Rejects Princo Patent Misuse Appeal
• Chicago Must Hire 111 Black Firefighters: 7th Circ.
• Fed. Circ. Upholds Rejection Of 2 Endo Opana Patents
• Calif. High Court Won't Hear Fixed-Salary Contracts Suit
• Court Affirms $17M Win For Ga. Garage Contractor
• 3rd Circ. Backs 4-Year Sentence For Engineer's Trade Scam
• Rambus 'Shred Days' Destroyed Evidence: Fed. Circ.
• 5th Circ. Revives Houston Police Retaliation Claim
• Southwest, AirTran Rip 9th Circ. Appeal Of $1.4B Merger
• Eat The Pie, But Don't Bake It
• 2nd Circ. Partly Stays Injunction In $18B Chevron Suit
• 1st Circ. Says Insurer Isn't Liable In Cynosure Suit
• I'm Glad High Court Nixed Cipro Cert Bid: FTC Commish
• Calif. Court Revives Safeco Claim Against Lloyd's
• Safety-Kleen Asks 9th Circ. To Nix Fees In Wage Suit
• 6th Circ. Shuts Door On BP Pipeline Contamination Row
• 3rd Party Has Rights To Fraudster's Money: 7th Circ.
• 3rd Circ. GIT Ruling May Reduce Tort Claims, Attys Say
• Trucking Co. Beats Race Bias Suit In 5th Circ.
• Axed Atty Fights For Share Of FedEx Deals In 9th Circ.
• 2nd Circ. Revives Penguin Online Book Piracy Suit
• 9th Circ. To Review Class Cert. Denial In Hertz OT Case
• Enviros Fight EPA Waiver Of Clean Air Regs In DC Circ.
• Possible Outcomes Of Stanford V. Roche
• 8th Circ. Won't Rehear KV Drug Recall Action
• Policy Assignments Can Be Barred: La. High Court
• 2nd Circ. Won't Revive Coverage Suit Over Madoff Scheme
• 1st Circ. Denies Bank Workers 2nd Crack At More Pay
• Vets Have Due Process Right To Mental Care: 9th Circ.
• Blue Shield Fights Anorexia Coverage In 9th Circ.
• Ford Asks 9th Circ. To Reverse $14M Rollover Award
• 8th Circ. Says SD Firefighters Can Pursue OT Claims
• 2nd Circ. Lets Ratings Agencies Off Hook In MBS Suits
• Canadian Appeals Court Rejects Icahn's Lionsgate Appeal
• Concepcion's Effect On Insurance Arbitration
• AOL Investor Asks High Court To Review E&Y Fraud Suit
• 4th Circ. Mulls Va. Standing In Health Care Law Fight
• Ranchers Nix Appeal Of Class Suit Over USDA Program
• Ecuadoreans Urge 2nd Circ. To Lift Chevron Injunction
• Pharmacies Attack $68B Pfizer-Wyeth Deal In 9th Circ.
• ACLU, Others Want 4th Circ. To Rehear FCA Secrecy Suit
• Consumers Press 9th Circ. To Undo $3B United Air Deal
• 10th Circ. Keeps Farmers Class Action In Federal Court
• 7th Circ. Nixes Win For Ill. DOT In ADA Suit
• 11th Circ. Trims Scrushy Conviction Based On Skilling
• NY High Court Revives Restaurant Worker's Lye Case
• Inventor Seeks High Court Review Of Sheppard Mullin Suit
• Is SCOTUS Taking The Right Securities Cases?
• The Decline Of The Collective Knowledge Doctrine
• 9th Circ. Won't Revive EBay Sellers' Antitrust Suit
• Considering 'Comparative Fault' In Md.
• NFL Owners Argue Against Injunction In 8th Circ.
• Raytheon Fights Retiree Benefits Award In 9th Circ.
• Ariz. Gov. Taking Immigration Law To High Court
• Retaliatory Counterclaims Need EEOC Charge: 10th Circ.
• ASCAP Asks High Court To Revive Music Download Fee Suit
• Anti-Indemnity Law Bars $21M Sonat Claim, Court Rules
• Reviewing Joint Infringement
• Case Study: Archdiocese Of Milwaukee V. Halliburton
• Reissue Ruling A Boost To Patentees In Validity Fights
• Swift Drivers Seek To Dodge Wage Claim Arbitration
• Howrey Lessons: The Downside Of Contingent Fees
• Sharing Site Denies Film IP Breach To 9th Circ.
• UMG To 9th Circ.: Veoh DMCA Ruling Kills Web Content
• AIG Not Liable For Wrongful Death Claims: 5th Circ.
• Ex-Tesla Execs Win Reinstatement Of Contract Claims
• 2nd Circ. Lets 1 Claim Survive In Citifunds Suit
• Obama Names La. Prosecutor To 5th Circ.
• Travelers Challenges Bank's Madoff Appeal In 2nd Circ.
• CFAA's Criminal Reach Unsettled After Nosal Ruling
• Retired Pilots Aren't Owed Interest, PBGC Tells DC Circ.
• Houston Didn't Breach $77M Airport Pact: Texas Court
• Would You Rather Register That Trademark?
• 5 Questions After AT&T V. Concepcion
• Freddie Mac Shareholders Can't Sue Execs: 4th Circ.
• Grape Growers To Fed. Circ.: US Must Prove IP Validity
• Ex-Smoker's Suit Not Time-Barred: Calif. High Court
• 8th Circ. Nixes Subsidy Fraud Suit V. Nelnet, Others
• 2nd Circ. Upholds $4M Fine In Insider Trading Suit
• Black & Decker Wage Case Revived By 2nd Circ.
• 2nd Circ. Paves Way For K&L To Fight Teligent Deal
• The Subtleties Of Dilution By Blurring
• DOL Can Subpoena Docs In $10M Madoff Scheme: 4th Circ.
• Calif. Appeals Court Revives Enviro Suit Against USG
• 7th Circ. Nixes Insurer's Appeal In Mall Fire Fight
• Calif. Court Shuts Door On WAIC Reinsurance Appeal
• States Open Fight Over Health Care Law In 11th Circ.
• 9th Circ. Reanimates 'Ghost Hunters' Contract Claims
• Motorola Staff Not Part Of $190M Fraud Deal: 7th Circ.
• UnitedHealth Beats FCA Suit Over Hospital Payments
• The False Ad Class Action Assault On Food Cos.
• Fed. Circ. Invalidates Toolbar Patent In Microsoft Suit
• 7th Circ. Upholds Cleanup Decrees For Wis. Site
• 3rd Circ. Says Insurers Can Challenge GIT Ch. 11 Plan
• Houston Misused Ordinance In Drilling Permit Case: Court
• NY Appeals Court Nixes Mets Beer Seller's Bias Suit
• Calif. Appeals Court OKs Firing For Craigslist Sex Ad
• 4th Circ. Revives Novell Antitrust Suit V. Microsoft
• Recapture Rule Dooms Chip Patent Reissue: Fed. Circ.
• 2nd Circ. Rejects Nurses Review Of Class Cert. Denial
• SOX Doesn't Cover Employees' Media Leaks: 9th Circ.
• DC Circ. Tosses Alcoa's Dam Relicensing Case
• 7th Circ. Revives Waste Disposal Suit Against VIM
• 7th Circ. Orders Near North Fraudster Sentence Review
• NYID Must Comply With Email Discovery In $5B MBIA Suit
• 2nd Circ. Denies Bail Bid In Goldman Code Theft Case
• Arguing The Future Of Climate Change Litigation
• (Possible) Good News For ERISA Fiduciaries
• Dewey Fails To Revive Claim In $1B Malpractice Suit
• Counterclaims Can't Trigger CAFA Removal: 9th Circ.
• Texas High Court Bars Retaliation Suits Against Cities
• Supreme Court Won't Hear Ohio Sewer Contract Dispute
• CB&I Can't Escape Contract Suit In Texas
• Santarus Defends Zegerid Patents In Fed. Circ.
• High Court Won't Consider Liberty Apparel FLSA Case
• High Court Won't Rule On Airlines' Passenger Treatment
• Calif. Court Revives Girardi Keese Malpractice Suit
• High Court Rejects Mont. Challenge To Wyo. Water Use
• Poultry Producer Antitrust Appeal Passed Up By High Court
• Supreme Court Denies Mo. Flood Control Injunction
• Killing The Golden Goose