Appellate Archive » July, 2011

Appellate - July, 2011

243 articles

• Fed. Circ. Affirms Lilly's Strattera Patent
• Fed Circ. Lets Sanctions Stand Against Eon-Net
• Apple, Spansion Deal Counts As Patent License: Judge
• 10th Circ. Nixes $5M Award In Fire Coverage Row
• Fed. Circ. Rules Myriad Can Patent Breast Cancer Genes
• 9th Circ. OKs Sony Win In 'God Of War' Copyright Feud
• Wash., SC Sue NRC To Force Yucca Nuclear Decision
• United Salt Must Face Investor Suit Over Plant Buy
• 10th Circ. Revives Energy Tying Suit Against Okla. City
• Fed. Circ. Won't Rehear Rambus Spoliation Case
• Texas Court Revives Suit Over $2.6B Gas Co. Sale
• Toll Bros. Wins On Contract Law, But Wage Suits Revived
• A Call For Corporate Human Rights Due Diligence
• Kan. Senators Block Ex-AG's 10th Circ. Nomination
• Obama Makes Judicial Picks For Fed. Circuit, DC, NY
• Cos. That Pay OT Claims Can Duck Atty Fees: 11th Circ.
• 5th Circ. Affirms Biodiesel Exec's $3M Fraud Conviction
• Pfizer, Others Not Liable For Gambling Addiction: 8th Circ.
• Quilted Bath Tissue Can't Be Trademarked: 7th Circ.
• Barge Co. Owed Coverage In Injury Suit: 5th Circ.
• 8th Circ. Revives Countrywide Loan Fee Action
• Ashland Loses 6th, 2nd Circ. Appeals In ARS Suits
• Barring RICO Claims Based On Alleged Securities Fraud
• AIG Owes Coverage For Maine Builder Mishap: 1st Circ.
• Much To Dukes About Nothing
• Enviro Group Can Join Emissions Suit: NM High Court
• Fed. Circ. Won't Block Watson's Seasonique Generic
• Denim Co. Can't Block Contract Assignment: 7th Circ.
• Health Care Reform Opponents Appeal To Supreme Court
• Verizon Bests Workers' Phone Privacy Suit In 1st Circ.
• 10th Circ. Cuts $23M Coverage Award Over Bad Cheese
• Swift Drivers Lose 9th Circ. Arbitration Row
• 9th Circ. Lets Enviros Intervene In Snowmobile Suit
• A Common-Sense Approach To D&O Policy Exclusions
• J&J Seeks Fed. Circ. Rehearing On Stent Patents
• 11th Circ. Lets Tire Co. Off Hook For Girl's Death
• Inside Genger V. TR Investors
• 7th Circ. Nixes FCA Suit Over F-16 Sales To Greece
• Perkins Coie Lands Google's Ex-Deputy GC
• Shell Wants High Court Review Of Human Rights Ruling
• EEOC Asks 7th Circ. To Revive Merrill Brokers' Bias Suit
• Texas Appeals Court Nixes Claims In Royall Libel Suit
• Oil Groups Take EPA Rule Challenge To High Court
• Tribal Group Asks High Court To Decide Hospital Row
• 5th Circ. Affirms Conviction Of Ex-First Fidelity CEO
• Prepaid Phone Call Patent Not Invalid: Fed. Circ.
• Mont. High Court Finds Bat Maker Liable For Player Death
• 2nd Circ. Kills Google Antitrust Suit Due To Venue Clause
• 2nd Circ. Affirms Dismissal Of Suit Over CBRE IPO
• Liu Nominated For Calif. Supreme Court
• DC Circ. Nixes Protest Of EPA Ship Discharge Permit
• 9th Circ. Won't Block Lake Tahoe Logging Project
• 9th Circ. Revives Suit Over MySpace Celebrity Pages
• Defendants Deserve Effective Counsel: ABA To High Court
• Video Game Groups Ask High Court For $1.1M In Attys' Fees
• US, Others Back Ill. College In 7th Circ. FOIA Row
• Withdrawing From Multiemployer Defined Benefit Claims
• 9th Circ. Shuts Down Calif. Inmate Care Antitrust Suit
• Utility, NM Board Colluded To Repeal Emissions Cap: Suit
• 1st Amendment Covers Police Officer's Claim: 2nd Circ.
• 1st Circ. Revives FCA Claims In Amgen Kickback Suit
• 5th Circ. Makes U-Turn On Arbitration In Stanford Suit
• Workers To Test Limits Of Calif. Overtime Ruling
• 9th Circ. Won't Revive Hunters' Trophy Import Suit
• Fed. Circ. Upholds Win For Nike, Others In IP Case
• EPA Didn't Need Public Review Of Ship Permit: DC Circ.
• 8th Circ. Tosses Anheuser-Busch ERISA Action
• 2nd Circ. Upholds Ex-NY Sen. Gonzalez's Prison Time
• 10th Circ. Says Enviros Can't Block Gas Drilling
• 2nd Circ. Nixes Appeal In Vivendi Foreign Share Action
• Calif. Appeals Court Backs $5M Verizon OT Settlement
• Willful Blindness: New Standard, Same Confusion
• Using The Anti-Injunction Act In Class Actions
• Drilling Co. Trustee Can Sue Shareholders: 5th Circ.
• NY Appeals Court Tosses 45-Year-Old Citigroup Suit
• Cooley Bests Malpractice Suit Over Juice Co. Ownership
• 8th Circ. 'Discrimination Exception' Takes A Hit
• 5th Circ. Trims $2.8M Award In Post-Katrina Insurance Suit
• UBS Claims Against Highland Are Too Late: NY Court
• Fed. Circ. Says Teva Can't Block Cenestin Generic
• 2nd Circ. Denies Class Cert. Appeal In Moody's Suit
• Clear And Convincing Evidence In Invalidity Defense
• 9th Circ. Won't Revive San Diego Police Officer OT Suit
• 2nd Circ. Blocks Argentina From $100M Bond Exchange
• Ex-Morgan Crucible CEO Wants High Court Review
• 9th Circ. Partially Lifts Block On Co.'s Defect Probes
• 9th Circ. Kills Brookstreet Investor's Coverage Bid
• 11th Circ. Backs Schwab's $1.4M Trade Secrets Award
• Del. High Court Finds Exec Violated E-Discovery Order
• NFL Agent Must Arbitrate Certification Fight: 11th Circ.
• 5th Circ. Lets Federal Off Hook In La. Explosion Deal
• Case Study: Sullivan V. Oracle
• Mo. High Court OKs $1.7B Great Plains-Aquila Merger
• 9th Circ. Urged To Rehear Cable Bundling Class Action
• ESSI Exec Not Liable For Backdated Options: 8th Circ.
• DC Circ. Won't Review Revival Of Blackwater Shooting Case
• Fla. High Court Upholds $28M RJ Reynolds Verdict
• Citing Dukes, Mich. Judge Bars Class In Dow Dioxin Suit
• 5th Circ. Nixes Wal-Mart Fees Award In Contract Suit
• Ex-SES GC Can't Escape Fraud Sentence: 6th Circ.
• 2nd Circ. Says Fraudster Can't Withdraw His Appeal
• Vegetarians Can Claim Injury Over Meat Samosas: Court
• 21 States Back Challenge Of Health Care Law In 8th Circ.
• I Would Walk 500 Miles … But Would I Get Paid For It?
• 2nd Circ. Vacates Injunction In CSX Proxy Fight
• Ind. Court Says BP Gas Is Subject To Public Utility Regs
• 5th Circ. Nixes Continental's Sham Divorce Suit
• Texas City Cleared To Sue AEP Unit Over Plant Deal
• Calif. High Court Backs LA Grocery Employment Rule
• 2nd Circ. Upholds Dismissal Of Omya Contamination Suit
• Dykema Snags K&L Gates Litigator For Dallas Office
• 9th Circ. Greenlights Nev. Wind Farm Construction
• Managing Supply-Chain Risks Post Goodyear, McIntyre
• 9th Circ. Undoes Navy's Immunity In Child Injury Case
• NJ Court Revives Toxic Tort Case Against Shell, Others
• DC Circ. Gives Pilots Pension Win In 11-Year Case
• NY Inspectors Can't Shake Tour Boat Disaster Suit
• Circuit Split: Enforcing The Speech Or Debate Clause
• Hospital, Workers Must Address Union Status: 1st Circ.
• 9th Circ. Revives Suit Against Philip Morris, Others
• Did SCOTUS Breathe Life Into Section 20(b)?
• FHA Doesn't Bar Biased Ads: Roommates.com To 9th Circ.
• Is NYC's Campaign Finance Program Imperiled?
• NLRB General Counsel Can File For Injunctions: 9th Circ.
• 11th Circ. Won't Revive Arch's $4M Suit Against Auditor
• 6th Circ. Panel Revives Firm Fight For Ch. 11 Retainer
• Calif. Court Denies Class In Farmers Life Policies Suit
• 6th Circ. Undoes Travelers Win In Subcontractor Fight
• Ambac Suit Over $1B JPMorgan Losses Revived In NY
• Calif. High Court Reinstates City's Plastic Bag Ban
• Texas Court Remands Fight Over Construction Payments
• Texas Supreme Court's Unsettling Opinion On Causation
• 8th Circ. Upholds Injunction On Ark. Power Plant
• Fed. Circ. Restores $333M Army Hospital Contract
• Union Carbide Gets Sanctions Relief In Asbestos Suit
• 3rd. Circ. Nixes KBR Toxic Exposure Suit
• 1st Circ. Upholds Citigroup Win In Deferred Comp MDL
• 8th Circ. Nixes Fraud Sentence In $8M Ponzi Case
• Ex-Lawmaker Asks 9th Circ. To Revive PPACA Challenge
• 8th Circ. Tells Schwan's To Comply With EEOC Subpoena
• Ill. Court Affirms $18M Verdict In Pain Patch Death
• NewOak Must Litigate Fraud Claims V. Applied: 2nd Circ.
• Miss. High Court Stays Biggest-Ever Asbestos Verdict
• PAGA Suits Immune From Concepcion Ruling: Calif. Court
• Fed. Circ. Reverses $13M S&L Payout For US
• Prometheus: Bound For Clarification Or Confusion?
• Case Study: In Re River Road
• Helmet Maker Not Liable For Biking Injury: 3rd Circ.
• 9th Circ. Reverses Ruling On Grocers' Profit-Sharing
• 11th Circ. Backs Arbitration Ruling In GPS Row
• Morrison Brings CERCLA Recovery Suit To Supreme Court
• 5th Circ. Nixes $13M Verdict In Tech Contract Dispute
• Ore. High Court Won't Free Farmers From $9M Judgment
• 8th Circ. Upholds Iowa Nuke Plant's New License
• Who Owns A Band's Name?
• Texas Court Revives Merrill Fraud Liability Claim
• Volvo Can't Change Retiree Health Benefits: 4th Circ.
• State Farm Policyholders Seek High Court Say On Class
• Travelers Off Hook In $10M Cosmetics Coverage Suit
• Supreme Court Stacks Docket With IP Cases
• Limiting Personal Jurisdiction Over Foreign Entities
• MIG Brings Paul Weiss Malpractice Suit To High Court
• White House Must Voice DADT Defense Plans: 9th Circ.
• 7th Circ. Scraps Child Labor Suit Against Firestone
• Title VII Caps Are Per Party, Not Per Claim: 5th Circ.
• NY Appeals Court Won't Toss GE Pollution Suit
• Calif. Appeals Court Chucks Enviro Suit Against Builder
• Realtor Group Asks High Court To Hear Antitrust Suit
• Blackstone Takes IPO Class Action To Supreme Court
• Fed. Circ. Denies Hat Inventor New Trial In Nike Row
• 8th Circ. Upholds Health Agency Officer's Firing
• Ford Not Liable For SUV Crash: 11th Circ.
• 11th Circ. Sets Up $58M 'Love Boat' Suit With Court Date
• Q&A With Fish & Richardson's Jonathan Marshall
• High Court's IP Rulings In Rare Accord With Fed. Circ.
• Case Study: First American V. Edwards
• 'Unequivocal And Specific' Claim Preservation
• 7th Circ. Rules Blagojevich's Casino Fee Is A Tax
• Fla. High Court Revives Pre-2005 Asbestos Injury Claims
• High Court Term Yields Mixed Rulings For Contractors
• Leviton Patent Suit Must Be Heard In NM: Fed. Circ.
• DC Circ. Says Indonesian Villagers Can Sue Exxon
• 6th Circ. Nixes Federal-Mogul Asbestos Coverage Suit
• US Disposed TV Duties Protest, Hitachi Tells Fed. Circ.
• US To Pay $100M To End Xcel Nuclear Waste Fight
• Continental Off Hook In Trade Secrets Suit: 5th Circ.
• Fed. Circ. Finds Respironics' Apnea Patents Invalid
• MarcTec Fights $5M Cordis Award In Fed. Circ.
• Fed. Circ. Overturns $5M RTI Win In Syringe IP Case
• 2nd Circ. Remands Remaining Claims In Schindler FCA Suit
• High Court Curbs Nuisance Suits, Leaves State Door Open
• 8th Circ. Backs NFL Player Lockout
• Constitutionality Of Personal Health Insurance Mandate
• 8th Circ. Revives Wrongful Termination Suit Against ISU
• False Marking Statute Is Unconstitutional: Wham-O
• DC Circuit Disbars DOJ Atty Linked To Abramoff
• US Truckers Take Mexico Border Reopening To DC Circ.
• Fed. Circ. Denies Air Force Contractor's Injunction Bid
• 4th Circ. Backs US In Medicaid Overbilling Row With W.Va.
• Watson Didn't Infringe Mucinex Patent: Fed. Circ.
• Nabors Triumphs In Investor Suit Over $900M SWSI Deal
• Dissecting Stern V. Marshall
• Texas Court Nixes $1.7M Exxon Award In Lease Row
• 2nd Circ. Bans RICO Claim In Madoff Investor Suit
• 3rd Circ. Remands Media Cross-Ownership Regs To FCC
• CDIB's $228M Securities Suit V. Morgan Stanley Survives
• 11th Circ. Puts $195M Hospital Merger On Hold
• Fuel For Famous Trademark Protection
• 8th Circ. Affirms Class Cert. In Faulty Piping MDL
• 9th Circ. Tells US To Stop Enforcing 'Don't Ask, Don't Tell'
• High Court Clarifies Tort Law But Skirts Broad Claims
• Ex-Howrey IP, Appellate Atty Rejoins Pillsbury In DC
• DOJ Defends Ex-Concrete Exec's Sentence In 8th Circ.
• Seafood Co. Fights For Duty Proceeds In Fed. Circ.
• Nike Misconduct Merits New IP Trial: Inventor To Fed Circ.
• Grand Jury Subpoena Vs. Civil Discovery Protective Order
• Skilling Doesn't Alter Ryan Conviction: 7th Circ.
• Spotlight On Recent Preemption Decisions
• 8th Circ. Nixes En Banc Bid In State Street Pension Suit
• High Court Curbs Class Actions But Broadens Retaliation
• Copyright Holders Can Keep Character Rights: 8th Circ.
• 10th Circ. Affirms Butterball Don, Doff Win
• Essar Takes Steel Subsidies Case To Fed. Circ.
• DOC Erred On Vietnam Fish Duties: Exporter To Fed. Circ.
• Investors Can't Cash Out Argentine Funds: 2nd Circ.
• Ensuring Insurer Standing In Insured Ch. 11 Cases
• The 2nd Circ. Stance On 'Hot News' Misappropriation
• Kirkland & Ellis To Face IP Malpractice Suit
• Wis. High Court Lets Nissan Exit Car Pricing Suit
• 6th Circ. Strikes Down Mich. Anti-Affirmative Action Law
• DC Circ. Tosses Challenge To Yucca Mountain Retreat
• DC Circ. Rejects EPA Waiver Of CAA Emission Fees
• 2nd Circ. Upholds Sterling Sex Bias Arbitration Award
• Chamber Asks 2nd Circ. To Block $18B Chevron Verdict
• 4th Circ. OKs New Trial For Alleged Masonic Fraudsters
• DC Circ. Won't Revive Suit Over Ky. Power Plants
• Spoliation Of Documents And Appropriate Sanctions
• DC Circ. Rejects Insider Trader's FBI FOIA Challenge
• High Court Term Draws Bright Lines For Securities Bar
• 5th Circ. Seeks Texas Opinion In Organ-Selling Row
• A Bitter Pill For Brand Names?
• The Bogosian Shortcut Post-Hydrogen Peroxide
• 7th Circ. Lets Tennis Great Connors Off Hook