Appellate Archive » June, 2011

Appellate - June, 2011

331 articles

• 1st Circ. Revives Verizon Suit Over Union CBA Row
• Ill. Court Affirms $3.9M Verdict In Train Accident
• 3rd Circ. Revives United Health Kickback Claim
• OT Law Covers Out-Of-State Workers: Calif. High Court
• 9th Circ. Nixes Cert. Appeal In Toshiba Antitrust Action
• Global-Tech: Is Justice Willfully Blind?
• 2nd Circ. Backs Matrix Realty's $9M Contract Penalty
• Fla. High Court Lets Insurer Appraise Hurricane Claims
• Texas Court Nixes $45M EcoProduct Suit Over Plant Woes
• 11th Circ. Revives Lockheed Race Bias Suit
• Asbestos Scheme Bros. To Be Resentenced: 2nd Circ.
• MBIA's Suit Against BofA, Countrywide Survives Appeal
• Argentine Bondholders Can Bag More Interest: NY Court
• Stevens Prosecutors Ask DC Circ. To Ax Contempt Ruling
• Ex-Bio-Med Execs Can't Escape Convictions: 11th Circ.
• 3rd Circ. OKs State Liens On Medicaid Patient Awards
• Title VII Damages Cap Based On Bias Period: 1st Circ.
• 9th Circ. Boots Challenge To Calif. Clean Air Plan
• 9th Circ. Nixes Securities Fraud Claim Against BP
• High Court Erred In Dukes, Concepcion, Janus: Senators
• 8th Circ. Refuses To Block Dodd-Frank Debit Fee Rule
• 6th Circ. Backs Health Care Reform's Individual Mandate
• Fish Atty's Hidden Friendship Sinks $22M Texas Award
• Calif. Appeals Court Nixes Order Limiting Atty Privileges
• 11th Circ. Vacates Limit On Ga.'s Reservoir Access
• Fed. Circ. Says Commerce Must Explain Zeroing Policy
• Q&A With Farella Braun's Douglas Young
• 5th Circ. Affirms Bayer Win In Crawfish Buyers' Suit
• 6th Circ. Defines EEOC Charge, Revives CSX Bias Suit
• 2nd Circ. Affirms Sentence For Ex-American Tissue CEO
• 5th Circ. Sends Katrina Insurance Case To District Court
• Prying Jurisdiction Away From Bankruptcy Courts
• River Road Must Allow Lenders' Credit Bid: 7th Circ.
• BRS Coverage Limited By Provision: NY Appeals Court
• AEP V. Conn.: Empty Victory For Corporate Defendants?
• 9th Circ. Says Mid-Continent Must Cover $4.5M Settlement
• BNSF, Union Pacific Not Liable For Pollution: 9th Circ.
• 2nd Circ. Denies Enron Appeal Of Securities Settlement
• Burn Victim Can't Sue Acid Maker, 3rd Circ. Says
• High Court Sends Judicial Pay Dispute Back To Fed. Circ.
• Merrill Disclosures Don't Bar ARS Claims: SEC To 2nd Circ.
• Q&A With Jones Day's Meir Feder
• Chrysler Unit Can't Exit Blind Woman's Airbag Suit
• DC Circ. Nixes Judgment Against Ex-PurchasePro VP
• Fed. Circ. Revives Dispute Over Canadian Lumber Deal
• High Court Rebuffs Jurisdiction Fight In Abbyy IP Row
• BofA, Others Can Fight MBIA Restructuring: NY High Court
• High Court Takes Up Landowners' Fight Over CWA Order
• 9th Circ. Denies Fees For 3 Cleared Of Securities Fraud
• Mylan Takes $76M Antitrust Verdict To High Court
• 10th Circ. Upholds ClearOne's Trade Secrets Win
• 5th Circ. Won't Revive FEMA Trailer Bellwether Fight
• 5th Circ. Says Texas Can Claim $4M From Antitrust Deal
• APP Takes Patent Contract Ruling To High Court
• Renzi Ruling May Force High Court To Address Immunity
• Calif. Appeals Court Stays Cap-And-Trade Roadblock
• High Court Won't Hear Firms' Antitrust Subpoena Fight
• Attys Weigh In On McIntyre V. Nicastro, Goodyear V. Brown
• Fed. Circ. Tells Court To Review Honda Patent Defense
• High Court Won't Review Smokers' $270M Judgment
• 5th Circ. Affirms Toss Of Tech Co.'s Bad-Faith Ch. 11
• Dukes And FLSA Collective Actions
• Questions Remain On Class Certification Relitigation
• Zyprexa Payors' Off-Label Suit Denied By High Court
• G-P, Union Carbide Want Miss. Judge Off Cases
• Calif. Workers' Union Fee Fight Heads To Supreme Court
• High Court Takes Up States' FMLA Self-Care Immunity
• Supreme Court Remands Sears False Ad Class Action
• Bingham Fails to Win USACM Payments In 9th Circ.
• Supreme Court Rebuffs Abu Ghraib Detainees' Suit
• Supreme Court To Weigh In On IP Evidence Limits
• High Court Eases Liability For Foreign-Made Products
• Supreme Court Nixes Calif. Ban On Violent Video Games
• FCC Indecency Policy To Get Supreme Court Review
• Dispute Over Qui Tam Seals Rejected By High Court
• High Court To Consider Time Limit For Derivative Claims
• Supreme Court To Hear Calif. Slaughter Case
• Prandin Use Code Case Taken Up By High Court
• Marsh's Noncompete Is Enforceable: Texas High Court
• Atty Can't Represent AWP Classes, 1st Circ. Rules
• NY Ex-Wife To Keep Ponzi Money In Good Faith Transfer
• W.Va. Supreme Court Revives Mylan Forum Challenge
• 5th Circ. Upholds $15M SEC Win Over Convicted Fraudster
• 2nd Circ. Kills 'Zohan' Copyright Suit
• Farmers Ask High Court To Hear Smelt Protection Suit
• Spherion, GlidePath Ask 2nd Circ. To Renew Legal Fight
• Fed. Circ. Upholds Creatine Infringement Ruling
• 1st Circ. Nixes HSBC Bid For $100M Ch. 7 Interest
• Fed. Circ. Mostly OKs $37.6M Dairyland Nuke Waste Award
• DC Circ. Revives Insurer Suit Over JPMorgan's WaMu Deal
• Ky. Appeals Court Backs Lien Against Fen-Phen Atty
• 2nd Circ. Nixes $1.3B Asthma Drug Suit V. AstraZeneca
• SLUSA And State Court Securities Actions
• DC Circ. Won't Review EPA Medical Incinerator Rule
• 5th Circ. Revives Bruks Indemnity Bid For Defects Suit
• NJ High Court Expands Emotional Distress Coverage
• 9th Circ. Denies OT Pay To Guardians Of Troubled Kids
• 3rd Circ. Affirms Backpay For Union-Involved Employees
• 5th Circ. Backs Dow Chemical In Retaliation Suit
• 9th Circ. Says Renzi Can't Claim Constitutional Privilege
• 5th Circ. Won't Revive Halliburton Consortium Claim
• Subcontractor Loses Appeal Over Lost Work From Lear
• 9th Circ. Restores Fraud Verdicts Against Gateway Execs
• 'Public Concern' In Public Employee Petitions
• High Court OKs Shortening Sentences Despite Plea Deals
• 1st Circ. Backs Short-Staffed NLRB On Disclosure Rule
• Deferring To The Executive Branch On Global Warming
• Supreme Court Rejects CSX's Take On Liability Standard
• High Court Ends Anna Nicole Estate's Inheritance Bid
• Constraints On Calif. Credit Card Class Actions
• Tobacco Cos. Urge Post-Dukes Review Of $270M Deal
• High Court Ruling May Hobble Suits Against Generics
• NJ High Court Lets Coregis Off Hook For Sewage Deal
• Fed. Circ. Sends Chinese Valve Duty Suit Back To CIT
• Winklevoss Twins Drop Fight Over $65M Facebook Deal
• Insurers Can Be Sued Directly Under ERISA: 9th Circ.
• Atty Can't Tap Ex-NFL Players' Benefits: 11th Circ.
• 6th Circ. Reverses Twombly Ruling In Antitrust Suit
• Fed. Circ. Affirms Invalidity Of Tyco Restoril Patent
• 7th Circ. Wants SC Johnson ERISA Damages Reconsidered
• 3rd Circ. Rules For AT&T In Pension Plan Suit
• Inside Stanford V. Roche
• Del. High Court Revives Suit Over KKR Insider Trading
• Expose Trademark Row At 'Point Of No Return': 11th Circ.
• Nationwide Bias Actions Are DOA Post-Dukes
• Case Study: Wal-Mart V. Dukes
• Groups Ask High Court To Nix Software Resale Ruling
• 2nd Circ. Revives ConEd's Fight Over 7 WTC Collapse
• Helmet Maker Didn't Kill Motorcyclist: 5th Circ.
• 1st Circ. Won't Rehear TV Producer's Trademark Fight
• The FTC's War On 'Pay-For-Delay' Agreements
• Greif Must Pay Cleanup Costs From Asset Deal: 5th Circ.
• 6th Circ. Won't Restart Tractor Co.'s Price Bias Suit
• 6th Circ. Shuts Door On Chrysler Workers' Union Claims
• 4th Circ. Lets GenOn Challenge Md. County Carbon Tax
• NRG Asks 2nd Circ. To Nix Forum Fight In Enviro Row
• Lawyers Weigh In On AEP V. Conn.
• Employment Lawyers Weigh In On Wal-Mart V. Dukes
• Boeing Escapes ImageCube Patent Suit In Fed. Circ.
• Court Clears Luce Forward Atty Of Negligence Claim
• Patent Co. Asks 2nd Circ. To Revive $500M Antitrust Suit
• 2nd Circ. Favors Fly In Wall Street 'Hot News' Fight
• Ky. Mining Pollution Suit Filed Too Late: Appeals Court
• Golf Club Asks 2nd Circ. To Re-Tee Pitney Bowes Suit
• Fed. Circ. Tosses $5M Award Over Knee Surgery Patent
• Supreme Court To Hear Mont. Riverbed Rent Case
• High Court Declines To Weigh In On Patent Definiteness
• Implications Of A Narrow Ruling In Halliburton
• High Court Won't Review Honeywell Win On Military IP
• Supreme Court To Weigh Patentability Again In Mayo Case
• Texas High Court Nixes $3M Bic Lighter Defect Verdict
• 4th Circ. Orders Bank's Auditor To Pay $23M For Error
• Talking 'Timely' Removal In Multidefendant Litigation
• High Court Reverses Pa. Cop's Retaliation Suit Win
• High Court Declines Refco Suit Against Mayer Brown
• High Court Won't Review $58M Award In Wyeth Drug Suit
• Wal-Mart Ruling Raises Bar For Class Actions
• High Court Limits GHG Nuisance Claims In AEP Ruling
• Fed. Circ. Stops Launch Of Watson's Generic Seasonique
• US Correctly Reinstated Steel Duties: Fed. Circ.
• 2nd Circ. Won't Revive ACCI Gambling Investment Suit
• Ex-Broker's Appellate Win Could Be Costly, Judge Says
• HHS Wrongly Denied Hospital Reimbursements: DC Circ.
• US Tries To Hang On To Ex-Sen. Bruno Conviction
• DPC Investors' Fraud Claims Cuffed By Ch. 11: 5th Circ.
• Insurer Loses 8th Circ. Appeal In Auto Glass Case
• 8th Circ. Nixes Bid To Reinstate MEMC Securities Suit
• DC Circ. Won't Force FDA's Hand On Bid For BPA Ban
• Technological Tying And 'Predatory' Innovation
• Texas Court Nixes Trans-Gulf Director's $2.8M Payout
• Q&A With Jones Day's Brian Murray
• 1st Circ. Lets BLAG Join Same-Sex Benefits Suit
• 10th Circ. Revives Fee Bid In IPS, Drake Patent Fight
• NBC's 'Earl' Didn't Infringe Screenplay: 9th Circ.
• 3rd Circ. Says Viacom Age Bias Claims Too Old
• License Fees Gave DMX Unfair Edge, PROs Tell 2nd Circ.
• Wis. Can Implement EPA Air Pollution Rules: 7th Circ.
• Post-Petition Benefits Are Ch. 11 Admin Claims: 3rd Circ.
• 1st Circ. Says Toolmaker Needs Permit To Modify Dam
• Inside Smith V. Bayer
• NH Senate Can't Make AG Join Health Reform Suit: Court
• Pa. Appeals Court Nixes FirstEnergy Rate Hikes
• Fed. Circ. Revives CamelBak Fight For Lower Duties
• 2nd Circ. Upholds Forex Ponzi Schemer's Sentence
• Cuervo Broke Deal With Jim Beam: NY Appeals Court
• High Court Greenlights W.Va. Class Bid In Baycol Fight
• Getting The Gist Of GIT
• Fed. Circ. Affirms Invalidity Of 8 Stamps.com Patents
• No Attys' Fees Under Civil Rights Law: 3rd Circ.
• 9th Circ. Reverses Remand Of Countrywide Coverage Suit
• 5th Circ. Scraps Sears Technicians' OT Class Action
• Appeals Court Says NJ WARN Act Applies To Parent Cos.
• Grant Thornton Denied Keystone Costs In 4th Circ.
• Attys Lose Appeal Over Chemical Co. Settlement Fees
• 8th Circ. Weighs Women's Right To Pursue Wyeth Claims
• Fed. Circ. Revives Inventio's Elevator Patent Suit
• Morgan Stanley Bribed Ratings Agencies, CDIB Alleges
• 9th Circ. Overturns PwC Loss In OT Class Action
• 2nd Circ. Nixes Credit Suisse Broker's Fraud Conviction
• 'Willful Blindness' And Induced Patent Infringement
• Wis. High Court Reinstates Controversial Union Law
• Fed. Circ. Won't Revive IP Suit Against Cisco, Others
• Shock Jocks' Photo Credit Edit Breached DMCA: 3rd Circ
• La. Ordered To Revise Water Pollution Permit
• Q&A With Dechert's Steven Weisburd
• 1st Circ. Won't Trim Sentence For Ex-Financial Adviser
• 3rd Circ. Affirms Dismissal Of Amgen Tying Suit
• 9th Circ. Refuses To Rehear Pfizer-Wyeth Merger Suit
• Mo. Court Keeps Anheuser-Busch Sex Bias Suit Alive
• Georgia (Pacific) On My Mind
• 9th Circ. Stays Facebook Suit Over Twins' Cert Bid
• 11th Circ. Upholds Sentence In $110M Ga. Mortgage Fraud
• 7th Circ. Revives Landfill Suit Against Trash Hauler
• Texas High Court Ruling Allows Power Co. To Recoup $900M
• Fed. Circ. Sides With Honda In Trademark Dispute
• High Court Wants SG Say On Terrorism Insurance Case
• 7th Circ. Does About-Face In Row Over Laid-Off Teachers
• High Court Remands ACS Suit For Possible Arbitration
• Extra Damages Possible In $22M Stent Suit: Fed. Circ.
• The Fate Of Global Warming Nuisance Suits
• 3rd Circ. Lets HHS Off Hook For Pa. Disability Costs
• AXA Ruling In Retaliation Suit Was Premature: 2nd Circ.
• High Court Won't Rule On Restitution In Petters Case
• US Can Shield Trust Docs From Indian Tribes: High Court
• Supreme Court Won't Hear Steinbeck Copyright Suit
• Fund's Disclosure Fight Falls Short In Supreme Court
• High Court Denies Suit Against E&Y Over Time-AOL Deal
• The 'Maker' Of A Statement Under Section 10(b)
• Supreme Court Draws Bright Line In Janus
• Combatting Employee Data Theft With CFAA
• Pa. Appeals Court Upholds $187M Wal-Mart Judgment
• 5th Circ. Denies Saudi Arabia's Contract Damages Bid
• Appeals Court Revives $34.7M Harrisburg Debt Suit
• DC Circ. Upholds FCC Cable Access Rules
• Lloyd's Off Hook For Coal Pollution Coverage: 6th Circ.
• Ohio High Court Favors Sunoco In $13M Contract Row
• DC Circ. Orders Review Of Restrictions On Massey Unit
• Fed. Circ. Affirms Standley Malpractice Suit Dismissal
• One Court's Cynical View Of The Legislative Process
• Wash. Medical Marijuana Law Can't Protect Employees
• Fed. Circ. Won't Nix DOJ Contract Award To Monster
• Low Bidder Should Get NY Town Trash Contract: Court
• IP Lawyers Weigh In On Microsoft V. I4i Ruling
• Fed. Circ. Upholds Hako-Med's Loss In Patent Suit
• NY Appeals Court Tosses Zuckerman's BDO Seidman Suit
• Allied Home Loses Injunction Bid Against Ex-Worker
• 2nd Circ. Affirms $11M Hit Against Taro Insider Traders
• 2nd Circ. Revives Designer's Suit Against Old Navy
• High Court Defers To FCC In Telecom Competition Dispute
• Montz V. Pilgrim Films Revisited
• Invalidity Must Be Clear And Convincing: High Court
• Fed. Circ. Affirms Acacia Unit's Loss In Memory Suit
• NY High Court Will Hear Equitas Antitrust Suit
• 11th Circ. Weighs Health Law's Individual Mandate
• Stripper FLSA Suit Raises New Arbitration Issues: Judge
• America Movil Wins $900M Case Against Ex-Shareholders
• Fed. Circ. Upholds Dismissal Of Golf GPS Patent Suit
• Judge Wrongly Nixed Air Quality Suit: NRDC To 9th Circ.
• Q&A With Greenberg Traurig's Barry Richard
• Kohler Backup Workers Not Protected By WARN: 8th Circ.
• 8th Circ. Again Upholds Catheter Maker's Antitrust Win
• 2nd Circ. Affirms Toss Of Madoff Scheme Coverage Suit
• NY Appeals Court Tosses Ellington Heirs' Royalties Suit
• The Perils Of One Wrong Word In A Contract
• Preparing For The I4i V. Microsoft Ruling
• Solvent Schemes Come To America
• Win For Workers In Mountaire FLSA Suit Upheld
• 1st Circ. Lets Class Cert. Stand For Starbucks Baristas
• Ex-Orrick Atty Denied Punitive Damages In Fraud Suit
• 3rd Circ. Nixes Investor Win In $5M Carnegie Mellon Suit
• Goldman Undervalued EToys' $178M IPO: Atty
• Fed. Circ. Won't Review Saint-Gobain Loss In Scanner Suit
• CalChamber Loses Appeal Over Prop. 65 Chemicals List
• 2nd Circ. Revives Claims Against Steve & Barry's Owners
• Fed. Circ. Affirms Invalidity Of J&J Stent Patents
• Be Careful What You Wish For, You Just Might GIT It
• Regulating The Environment Through The Courts
• Case Study: Erica P. John Fund V. Halliburton
• Prior Art, Bird Feeder Not Comparable: Fed. Circ.
• Supreme Court Won't Hear Extreme Patent Appeal
• Calif. Court Reverses Kaiser Asbestos Reinsurer Decision
• Halliburton Loss Causation Ruling To Have Narrow Impact
• Inventors Get 1st Dibs On Gov't-Funded IP: High Court
• Fed. Circ. Won't Revive $25M VA Contract Fight
• Q&A With Knobbe Martens' Joseph Re
• Supreme Court Won't Hear Wesley Snipes' Tax Appeal
• States Ask DC Circ. To Nix EPA's GHG Regs
• JPMorgan Ducks Madoff Investor Suit In 2nd Circ.
• High Court Sets 'But For' Standard For Attys' Fees
• Lessons From Another Stinging Scalia Dissent
• 9th Circ. Nixes Fired Plaintiffs' Atty's Fee Claims
• High Court To Weigh Preemption In Railway Asbestos Case
• High Court Declines To Hear CERCLA Due Process Case
• Loss Causation Not Necessary For Class Cert.: High Court
• Fla. Court Backs $16M Verdict In RJ Reynolds Suit
• Neb. Supreme Court Reverses State Basin Water Ruling
• 9th Circ. Won't Revive Tying Suit Against NBC, Others
• Ch. 7 Rulings Won't Fend Off Disparate Impact Claims
• DC Circ. Says Jury Can't 2nd-Guess FBI Security Decisions
• Fed. Circ. Upholds Knowles Win In Mic Patent Suit
• Separate Meal, Rest Break Pay Required: Calif. Court
• DC Circ. Won't Force Fed To Release Bear Stearns Docs
• Inside Global-Tech Appliances V. SEB
• Calif. Cap-And-Trade Is Still Alive, Despite Delays
• Calif. County Seeks To Give US Drug Price-Fixing Docs
• SEC Contests Nixed Gabelli Injunction In 2nd Circ.
• 3rd Circ. OKs Atty Fees For Urban Outfitters In IP Fight
• Steve & Barry's Workers Ask 2nd Circ. To Revive Suit
• Advanced Software Scores In Fed. Circ. Patent Fight
• 9th Circ. Refuses To Block $1.4B Southwest-AirTran Deal
• 3rd Circ. Backs Testimony Toss In Dow Ag Toxic Tort
• 9th Circ. SOX Ruling May Curb More Than Media Leaks
• Calif. Court Won't Reinstate Firm In VeriSign Suit
• Case Study: Tides V. Boeing
• 2nd Circ. Downs Credit Suisse Appeal Of $431M Award
• Ill. Hospital Prevails In 7th Circ. Antitrust Case
• 11th Circ. Tosses FCA Suit Over $87B Lockheed Contract
• Implications Of Fed. Circ.'s Therasense Opinion
• Focusing On Employee Conduct
• Case Study: Bauman V. DaimlerChrysler Corp.
• Diaper Maker Escapes Most IP Injunctions In Fed. Circ.
• 6th Circ. Mulls US Authority In Health Care Act Appeal
• Becton To Take Inequitable Conduct Fight To High Court
• 1st Circ. Revives Blackstone FCA Kickback Case
• Tribe Can't Force Mining Co. To Pay EPA Fines: 9th Circ.
• Occidental Wins Rehearing Of Peru Pollution Suit
• Wiccan Chaplain Loses 9th Circ. Appeal On Prison Program
• 7th Circ. Nixes Copyright Suit Against Cypress Hill
• Pragmatism V. Principle: Loss Causation And Basic
• Implications Of NEDC V. Brown
• A New Roadblock For Qui Tam Relators