Appellate Archive » August, 2011

Appellate - August, 2011

315 articles

• PopCap Scores Reversal Of Rival's $6.7M Contract Win
• Fed. Circ. Gives Rock-Grinding Patent New Life
• Pa. Minority Shareholders Can Sue Over Mergers: 3rd Circ.
• 2 Classen Patents Pass Bilski Test: Fed. Circ.
• Rejected Individual Deals Don't Doom Classes: 3rd Circ.
• 1st Circ. Denies Starrett Rehearing In FERC Dam Row
• 9th Circ. Sanctions Alioto Firm For Southwest Merger Row
• Medicare Revision Doesn't Bar Contract Suit: Fed. Circ.
• Calif. Appeals Court Revives Claims Against Ex-Fremont GC
• Calif. Court Reverses Conoco Win In Toxin Death Suit
• Returning Courts To Their Owners
• Texas Supreme Court Remands Police Compensation Suit
• SCO Can't Cash In On Novell's Unix Rights: 10th Circ.
• Fed. Circ. Nixes Corps Contractor's Evaluation Suit
• Santander Madoff Suit Belongs In Ireland: 11th Circ.
• 2nd Circ. Clears AmEx In Suit Over Lending Standards
• Calif. Pensioners' Names, Benefits Must Be Public: Court
• Bankrupt Drug Tester Can Avoid Inova Lien: 8th Circ.
• Flooring Cos. Must Arbitrate Union Dispute: 9th Circ.
• Trademark Licensing Safe Under Betty Boop
• Out-Of-State Witnesses Need Not Travel To Calif.
• 5th Circ. Revives $3M Oil Spill Coverage Feud
• DNA Retention May Violate Privacy: Mass. Appeals Court
• Comcast Allowed To Fire O'Reilly-Bashing TV Host: 1st Circ.
• Graniterock Beats Class Action Over Off-Duty Meal Policy
• Fallen Judge's Secretary Can't Sue Over Firing: 5th Circ.
• Bryan Cave Battles $100M Malpractice Suits
• 10th Circ. Won't Rehear $5M Fire Coverage Row En Banc
• Cedars-Sinai Can't Shake Doc's $4.7M Retaliation Award
• No Pay For National Guard Training Courses: Fed. Circ.
• Wellington Dodges Liability For Oil Platform Repair Cost
• 7th Circ. Nixes Trucking Hours Monitoring Device Rule
• 11th Circ. Vacates Sanctions Against US In Shaygan Case
• BHP Mine Expansion Appeal Is Premature: 10th Circ.
• Texas High Court Sides With Anglo-Dutch Over Legal Fees
• The Latest (And Greatest?) Case In The AdWords Saga
• 10th Circ. Backs Qwest In Fight Over FCC Rule
• CVS Asks High Court To Put W.Va. Drug Suit In Fed. Court
• High Court Shouldn't Revive Cellphone Emission Suit: US
• Movie Producer's Ex-Asst Nets $3.3M In Harassment Suit
• EMC Can't Stop Ex-Employee From Competing: 1st Circ.
• Texas Court Flips $21M Oil And Gas Royalty Ruling
• Merck's $32M Damages Nixed In Vioxx Wrongful Death Suit
• Insurer Not Liable For Stricken Coverage: Texas Court
• No Arbitration Rights For PRSI In Loan Case: Texas Court
• Pregnant Worker Can't Claim Disability Bias: 7th Circ.
• Ex-Morgan Stanley Salesman Takes Bias Suit To 2nd Circ.
• 6th Circ. OKs Uneven Penalties In Mich. Bribery Case
• Nuke Groups Ask DC Circ. To Halt Yucca Waste Fees
• Responses To Document Requests Can Be Fatal!
• Dental Board Can't Get FLSA Immunity: 11th Circ.
• Fed. Circ. Shuts Down RJ Reynolds Patent Suit
• Shoddy Lawyering Can't Kill Collection Suit: 7th Circ.
• 2nd Circ. Nixes Wells Fargo Credit Agreement Row
• 9th Circ. Rejects Emergency Injunction On Gray Wolf Hunts
• Euro Attys Back EPA Emissions Finding In DC Circ.
• NY Court Backs Injunction In Midland Reinsurance Row
• 4th Circ. OKs Class Cert. In Phone Book Advertising Row
• 9th Circ. Grounds New Runway Plans At Ore. Airport
• Fulbright Atty's Sanctions Nixed In Perjury Accusation Row
• 3rd Circ. Nixes Class In Rohm & Haas Cancer Cluster Row
• 3rd Circ. Backs Bribery Convictions Of Dean, NJ Sen.
• Developers Can't Dodge Fees In Plant Permit Suit: 7th Circ.
• 7th Circ. Nixes Unjust Profit Claims In Cigarette Ad Suit
• 10th Circ. Shuts Down REIT Suit Against Tishman
• Insurer Off Hook For Ind. Town's Enviro Suit Defense
• Fed. Circ. Upholds Unigene Win Over Fortical Patents
• 2nd Circ. Nixes ATV Transmission Defect Suit
• Balancing The Health Care Reform Debate
• Ex-National Century CEO Takes Convictions To High Court
• 11th Circ. Backs $19M Fine In Ala. Sewer Bribe Case
• The Importance Of Aqua Dots
• No Government Intervention? No FCA Merit In 5th Circ.
• Countrywide Gets Homeowners' MBS Fraud Claim Tossed
• Nestle Canada Must Produce Docs In Price-Fixing MDL
• 7th Circ. Refuses To Order US Action On Invasive Carp
• Rolls-Royce Chopper Crash Suit Belongs In Canada: Court
• 3rd Circ. Nixes Fraud Suit Over Horizon Price-Fixing Plot
• 2nd Circ. Shuts Door On 'Patsy's' Name For NY Eateries
• Fed. Circ. Denies USDA Immunity In Grape Patent Suit
• State Sports Leagues Can Charge Broadcasters: 7th Circ.
• 3rd Circ. Reverses Stance On Verizon Rate Hike Dispute
• Ex-Mack Truck Dealer's Case Stalls At 6th Circ.
• Appeal Of Hollywood Producers' FCPA Sentences Dropped
• 6th Circ. OKs Atty Sanctions In Fifth Third Class Action
• 5th Circ. Gives Stryker Knee Implant Action New Life
• Free Speech Dominates High Court Media Battles
• Hartford Off Hook In Coverage Row Over Actress' IP Suit
• 6th Circ. OKs 7-Year Sentence For NCFE Witness Bribe
• No Quick Appeal For Capper-Volstead Denials: 3rd Circ.
• USI Seeks High Court Ruling On Copyright Claim Accrual
• High Court Rebuffs Wider Privacy Rights In Recent Term
• 3rd Circ. Tosses Ex-Pa. Lawmaker's 4 1/2-Year Sentence
• 1st Circ. Won't Hear Same-Sex Benefits Suits En Banc
• Taxpayers Can't Plead 5th To Hide Records: 9th Circ.
• GSK Drug Reps Ask High Court To Review OT Exemption
• Fed. Circ. Won't Revive Novartis Hemophilia Drug IP Suit
• Live Gold Asks High Court To Clarify Buckhannon Ruling
• The Alarming Lesson Of Winklevoss V. The Facebook
• US Must Pay $142M In Nuke Waste Contract Row: Fed. Circ.
• 2nd Circ. Nixes Fraud Action Over Regions-AmSouth Deal
• 4th Circ. OKs Denial Of Century Workers' Injunction Bid
• 9th Circ. Revives Suit Over Ticketmaster Info Sharing
• Knowledge Of Injury Triggers COBRA Claim: 11th Circ.
• 9th Circ. Nixes Injunction In $61M Air Force Contract Row
• Dreier Clients Same As Ponzi Investors, 2nd Circ. Told
• 10 States, DC Defend Health Care Law In 8th Circ.
• Fed. Circ. Nixes $6.8M IP Award Over Claims Construction
• 9th Circ. Withdraws 'Betty Boop' IP Decision
• Hyundai Design Defect Caused Girl's Death: 5th Circ.
• Why The Rincon Decision Matters
• Whither Bankruptcy Court Jurisdiction After Stern?
• 9th Circ. Rules For Chase In Credit Card Interest Suit
• 9th Circ. Backs Reduction Of Damages Against Allstate
• FTC Loses Lundbeck Baby Meds Fight Before 8th Circ.
• 9th Circ. Chucks Bluetooth Deal Due To High Atty Fees
• Bankruptcy Appeals Panels Muddy Ch. 11 Landscape
• NJ Court Revives Drinker Bid For State's Exxon Docs
• State Quota Violates Commerce Clause, Not Sherman Act
• 2nd Circ. Upholds Kickback Judgment Against Broker
• 8th Circ. Upholds 11 Years For Petters' Ponzi Helper
• Fed. Circ.'s Latest Restriction On Method Patents
• Insurers Must Cover ITW Enviro Suit Costs: Ill. Court
• Damages Only — No 'Full Billed Charges' Allowed
• Calif. Court Allows Class Pursuit In Listerine Ad Suit
• 3rd Circ. Won't Revive Unisys, Fidelity ERISA Suit
• 2nd Circ. Affirms $1.9M Award Against Diet Aid Co.
• Conn. High Court Limits Malfunction Theory Of Liability
• Texas Court Again Nixes $77M Airport Contract Suit
• NYBOT Member Wins Stock In ICE Merger Agreement Suit
• Arbitrator To Weigh Rescission Of Countrywide Insurance
• Bayou Brother Can't Escape $60M Payout: 2nd Circ.
• Personal Injury Plaintiffs Can't Recoup Fee Discounts: Court
• Ex-Brayton Purcell Clerk Can't Shake OT Exempt Status
• Liberty Mutual Doesn't Owe Defense Costs: 8th Circ.
• Outing Anonymous Online Speakers In The 9th Circ.
• Laying Claim To DNA
• State Farm Off The Hook In Asbestos Coverage Dispute
• 2nd Circ. Rejects NYC Bid To Undo Insurance Merger
• Calif. Court Affirms $14M Verdict Against Philip Morris
• FICO Scores Low In Credit Rating Trademark Feud
• 9th Circ. Ups Farm Worker Class Action Damages To $2M
• Gov't Contracts Fraud Witness Keeps Immunity: 3rd Circ.
• 2nd Circ. Nixes Westlaw Freelancers' $18M Settlement
• AT&T Workers' Identity Theft Claims Preempted By NLRA
• FTAIA No Limit To Antitrust Claims Jurisdiction: 3rd Circ.
• 7th Circ. Nixes Class Cert. For Aqua Dots Consumers
• Calif. Worker Rights End After 12 Weeks Leave: Court
• 3rd Circ. Clarifies Cat's Paw Ruling In Cop Firing Case
• 5th Circ. Nixes Life Partners' Suit Over SBA Record Keeping
• Argentina Must Cough Up Extra Bond Interest: 2nd Circ.
• On The Pretrial Management Trail With Blackhorse
• Case Study: In Re Flamingo
• 10th Circ. Sides With FDIC Over Insurance Payouts
• 3rd Circ. Calls Conoco Asbestos Exposure 'Serious'
• Great American Off Hook For Fla. Oil Cleanup
• 5th Circ. Backs Payment Of Asarco Auction Costs
• Tobacco Co. Seeks High Court Look At Master Settlement
• How They Won It: Simpson Delivers Iraq Contract Verdict
• High Court Asked To Rehear DuPont Contamination Suit
• First American Beats Shareholders' Derivative Suit
• 3rd Circ. Grants New Trial In E-Trade TILA Suit
• CyberSource Credit Card IP Invalid, Fed. Circ. Affirms
• Ex-RSGI Bankers Take Arbitration Dispute To High Court
• 6th Circ. Nixes Air Traffic Privatization Suit
• Google, Others Back Fed. Circ. Joint Infringement Rulings
• Madoff Investors Can't Collect Fake Profits: 2nd Circ.
• Personalized Medicine, Patents And The Supreme Court
• River Road Takes Blocked Asset Sale To High Court
• 8th Circ. Won't Rehear Allianz's Annuity Claims Argument
• Dismissal Of LIRR Harassment Suit Upheld By 2nd Circ.
• Enviros Ask 9th Circ. To Stop Wolf Hunts
• 2nd Circ. Revives Black Fireman's Title VII Suit
• 1st Sale Doctrine Limited By 2nd Circ. In Textbook Row
• Terminating A Pre-1978 Copyright Transfer
• Ambac: An Investor's Lifeline
• Anti-Health Care Reform Measure To Be On Ohio Ballot
• 5th Circ. Nixes Ex-Merrill Exec's Enron Fraud Appeal
• Fed. Circ. Denies Eon's Fee Bid In Skelaxin IP Case
• EPA Tells DC Circ. Smog Rules Will Be Ready 'Shortly'
• 9th Circ. Revives LA Sheriffs' Civil Rights Claims
• DeLay Atty Says Campaign Check Not Money Laundering
• 9th Circ. Revives FCA Suit Against School Operator
• Job Applicants Can't Sue For Retaliation: 4th Circ.
• DC Circ. Revives Terror Suit Over DynCorp Worker Death
• 9th Circ. Affirms Dismissal Of Health Care Law Suit
• 6th Circ. OKs Conviction In $9.5M Iraq Telecom Deal Case
• Health Law's Mandate Unconstitutional: 11th Circ.
• 5th Circ. Says Trustee Can Pursue Hidden Ch. 7 Asset
• 6th Circ. Nixes Class Cert. In Blue Cross ERISA Suit
• Clergy Exemption May Hurt Competition, High Court Told
• Gonzalez Saggio Adds Ex-Wis. Supreme Court Justice
• Calif. Court Revives Adjustable-Rate Mortgage Fraud Suit
• 'Patching' Up The Fla. LLC Problem
• Case Study: Patch V. Hillerich & Bradsby
• 3rd Circ. Review Of FCC Ownership Rules — Take 2
• 11th Circ. Deems AT&T Class Action Waiver Valid
• 10th Circ. Won't Revive El Paso Workers' Pension Suit
• ABA Backs Foreign Copyright Restoration In High Court
• Cigna Must Pay For Construction Co.'s Lead Fumes Defense
• Supervalu Truckers Lose 8th Circ. Appeal Over Fees
• 8th Circ. Revives ERISA Suit Over 1-Person Agreements
• Insurer Can Fight Ruling On Crawfish Duties: Fed. Circ.
• Fed. Circ. Won't Rehear Suit Over Corps' Ark. Floods
• Frozen Treat Shouldn't Face Milk Tariffs: Fed. Circ.
• Drilling Co. Can't Force Execs To Arbitrate: 5th Circ.
• NexBank Escapes $7M Judgment In Orix Contract Suit
• Fed. Circ. Upholds AmEx Win In Gift Card Patent Fight
• 2nd Circ. Revives Atty's Antitrust Suit Against Citigroup
• Inside Sorrell V. IMS Health
• Bayh-Dole Act Turned On Its Head?
• Exxon Seeks Rehearing In Indonesian Human Rights Case
• EFF Asks Fed. Circ. To Deny Akamai, McKesson IP Claims
• Conn. Town Can't Revive Suit Over $42M Madoff Losses
• Auto Giants Dodge Bullet In Fed. Circ. Ruling
• Ariz. Takes Immigration Law Fight To Supreme Court
• Havoco Loses Bid To Revive ICG Coal Contract Fight
• 5th Circ. Affirms Ruling On Oil Spill Defense Costs
• 8th Circ. Allows Interrogatories In AMCO Coverage Suit
• 7th Circ. Nixes CUNA Sick Leave Action
• 9th Circ. Clarifies Default Judgment Set-Aside Standard
• Retirement Incentives Violated ADEA: 8th Circ.
• La. Must Share Tax Proceeds On $496M BP Refinery Sale
• Fed. Circ. Nixes Cisco Win In Spam Fee Patent Suit
• Calif. Court Allows 'Me Too' Evidence In Sex Bias Case
• Social Media, Speech And The Schoolhouse
• 6th Circ.'s Narrow Path For Plaintiffs Under Twombly
• Noninsider Debt Claims Can Be Equity, 5th Circ. Says
• Injunction Winner Can Be Prevailing Party: 10th Circ.
• Brokerage Can Be Sued Over Securities Deal: Texas Court
• IKEC Can't Relitigate Enviros' Standing: Ind. Court
• Offer To Plaintiff Doesn't Moot OT Action: 9th Circ.
• 10th Circ. Upholds Fraud Conviction of Ex-PanWorld CEO
• Site's Calif. Ads Confer Jurisdiction: 9th Circ.
• Dissecting 2nd Circ.'s MBIA Ruling
• DC Circ. Asked To Deny Abramoff Lobbyist's Resentence Bid
• Qualcomm, Spansion Take Chip Patent Row To High Court
• Biamp Can't Appeal Trade Secrets Loss: 10th Circ.
• Attys In Lufkin Bias Suit May Get Higher Fees: 5th Circ.
• ALA, Enviros Ask DC Circ. To Speed EPA's Ozone Rules
• Trust Seeks High Court Revival Of Reliance ERISA Suit
• 7th Circ. Says Bias Laws Don't Allow 'Token Exception'
• Aera, Noble Seek High Court Review Of Oil Lease Denials
• Consumer Takes JPMorgan Check Fee Row To High Court
• Rumsfeld Can Be Sued For Torture Damages: 7th Circ.
• Kia Can't Shake Damages In $4.4M Faulty Airbag Suit
• UW Waived Immunity In Phoenix IP Suit: 7th Circ.
• 5th Circ. Denies Citi Coverage Of $263M Settlement
• 2nd Circ. Asks NY High Court For Guidance On Bias Suit
• 6th Circ. Nixes Fraudster's Appeal Of 5-Year Sentence
• 2nd Circ. Nails Ex-Pritchard Broker Over Trading Fraud
• NYPD Sergeants Not Exempt From OT Laws: 2nd Circ.
• Accused Fraudster's Wife Should Sell Home: 2nd Circ.
• FCC Indecency Policy Could Be F'd Before High Court
• Brown V. EMA: Too Good To Be True For Video Games?
• Clarifying Accountants' Secondary Liability
• 1st Circ. Tosses Boston Scientific Securities Fraud Action
• CIT Says Importer Must Pay Bonds On Canadian Lumber
• Stanford Victims Want High Court Arbitration Ruling
• Calif. Appeals Court Revives AMD Sabbatical Pay Action
• ADA Does Not Preempt Fliers' Contract Suits: 9th Circ.
• Too Late For Goldman Bond Trading Claims: 7th Circ.
• Federal Courts Can't Hear Indian Land Row, 9th Circ. Says
• 5th Circ. Nixes Relator From McKesson Kickbacks Case
• 11th Circ. Denies Ex-Mayor's Bribery Conviction Appeal
• Ill. Agency Can't Nix Health Plan Contract Freeze
• Fed. Circ. Invalidates Stroller Patent In Target Case
• Applying Pro Rata Allocation To Defense Costs
• Fed. Circ. Urged To Revive Import Surety Bond Suit
• Imprisoned Money Manager Starr Disbarred
• 5th Circ. OKs Texas Highway Over Enviros' Objections
• Tech Co. Fights To Revive Hulu IP Suit In Fed. Circ.
• Bacardi's Havana Club Brand Not Misleading: 3rd Circ.
• Retaliation Claim Subject To 4-Year Limit: 9th Circ.
• Proskauer Client Can't Blame Firm For $52M Arbitration Loss
• Illumina Asks Fed. Circ. To Revive Affymetrix IP Suit
• Surviving The 'Magic Microscope' Test
• 3rd Circ. Revives Insurer's Plane Crash Coverage Suit
• 2nd Circ. Won't Revive $500M Telecom Antitrust Suit
• Real Estate Co. Tells 9th Circ. Allstate Should Pay $3M
• Fed. Circ. Nixes Insurer's Suit Over $12M Navy Contract
• 9th Circ. Denies Porn Site's Injunction Bid In Google Row
• Intervenors Can't Appeal Fla. Enviro Pact: 11th Circ.
• 3rd Circ. Nixes Doctors' Challenge To Health Care Law
• R&L Takes Qualcomm Patent Claims To Fed. Circ.
• Property Group Needs Relief From Lehman Stay: 9th Circ.
• Kiewit Workers Didn't Threaten Violence: DC Circ.
• Prescription Confidentiality Law And The Privacy Debate
• Ford Asks Fed. Circ. To Nix $55M Car Light Patent Suit
• Duke Lacrosse DNA Tester Can't Revive Contract Claims
• River Group Wins OK To Challenge Dairy's Water Permit
• 8th Circ. Revives KV Antifungal Cream Trade Secrets Row
• 10th Circ. Revives Prozac Murder-Suicide Suit
• Ponzi Schemer Fights 10-Year Sentence In 7th Circ.
• Seyfarth Can't Nix Malpractice Foe: Mass. High Court
• 6th Circ. Affirms Dismissal Of CMA Awards Bias Claims
• 8th Circ. Denies 3rd Look At Catheter Antitrust Suit
• Contractors Not Liable In Army Chopper Crash: 9th Circ.
• Fed. Circ. Sides With GSK, Others In Argatroban IP Row
• Calif. High Court Clarifies Intent For Section 424 Crimes
• 5th Circ. Revives Copyright Suit Over Coke Jingle
• ATS Corporate Liability After Kiobel
• Bally Challenges Infringement Ruling In Slot Machine Case
• 2nd Circ. Revives SEC Suit Over Gabelli Market-Timing
• San Antonio Can Pursue $1B Suit Over Water Contract
• Dry Cleaning Machine Cos. Not Liable Under RCRA: 9th Circ.
• IT Workers Tell 9th Circ. EDS Owes Them Overtime
• Hamilton Still Liable For Secrets Swipe: 10th Circ.
• 9th Cir. Refuses To Hear Ex-Lawmaker's Appeal En Banc
• Fed. Circ. Vacates Rejection Of NTP Email Patents
• 2nd Circ. Nixes Convictions Of Gen Re, AIG Execs
• PSEG Units Fight Dynegy's $2B Restructuring Deal
• Calif. Appeals Court Denies Class In LendingTree Suit
• Bringing Consistency Back To Patent Litigation
• Byproducts Of Restricting EPA Authority