Appellate Archive » September, 2011

Appellate - September, 2011

253 articles

• Va. AG Takes Health Law Mandate Challenge To High Court
• DOJ Asks 11th Circ. To Mull Ala. Immigration Law Ruling
• 11th Circ. Partly Revives MIVA Securities Fraud Suit
• Dems Urge Probe Of Clarence Thomas Over Wife's Income
• FINRA Merger Immunity Ruling Appealed To High Court
• Fed. Circ. Revives Powertech IP Suit Over Tessera Chip
• Silgan Takes Pull Tab Coverage Suit To Supreme Court
• U. Of Ill. Tells 7th Circ. Privacy Law Blocks FOIA Request
• Dissecting Del.'s Stance On STOLI
• NJ Court Shuts Down Suits Over Hormone Therapy Labeling
• 9th Circ. Nixes Shipping Surcharge MDL
• Ruling Against DADT Must Be Vacated: 9th Circ.
• Calif. High Court Won't Halt State's Cap-And-Trade Work
• Kimberly-Clark Loses Fed. Circ. Rehearing Bid In IP Row
• Fait V. Regions: A Matter Of Fact Or Opinion?
• Case Study: Dewhurst V. Century Aluminum
• Contact Lens Claims Preempted By FDA Regs: 9th Circ.
• Middleman Can Sell Drivers' DMV Info: 7th Circ.
• 6th Circ. Flips Garlock Asbestos Loss Due To Scant Proof
• Fla. Court Revives Conspiracy Claims Against Tobacco Cos.
• Philip Morris Can't Appeal Light Cig Suit: Ill. High Court
• 9th Circ. Keeps Psystar On Hook In Apple IP Suit
• Lawyers To Supreme Court: Hear These Cases
• Fed. Circ. Axes Boston Edison's $40M Win Over Nuke Fuel
• Developments In Joint Infringement Law
• Free Press Takes FCC To 1st Circ. Over Net Neutrality
• Sprint Asks High Court To Hear Termination Fee Fight
• Fox Can Keep Film Investment Co.'s $8.6M: Calif. Court
• Boston Sci Didn't Infringe Cordis Stent IP: Fed. Circ.
• Exposing Foreign Cos. To US Antitrust Litigation
• Asbestos Plaintiffs Pursue Pfizer For $10M In 2nd Circ.
• DOJ, States Ask Supreme Court To Hear Health Law Fight
• High Court To Mull If Winners Can Bill For Translation
• Supreme Court To Hear Injured Maritime Worker's Appeal
• 5th Circ. Revives Golf Voucher Antitrust Suit
• High Court To Weigh Immunity For US Outside Counsel
• InTrust Tells 7th Circ. $68M Fraud Suit Not Time-Barred
• Case Study: Atkinson V. Morgan Asset Managment
• 5th Circ. Finds District Court Misapplied Cy Pres
• Merck V. Garza: Now We're Really Confused
• Alleged $33M Ponzi Artist Asks 2nd Circ. For Acquittal
• Calif. Appeals Court Nixes $8.6M Fox Financing Suit
• Leeds Morelli, Nextel Must Face Malpractice Suit: 2nd Circ.
• 9th Circ. Clarifies Standards For Age Bias Evidence
• DOJ Doesn't Want 11th Circ. To Rehear Health Care Case
• 2nd Circ. Upholds Sokol Loss In Suit Over Kazakh Oil Deal
• Fed. Circ. Nixes $29M HemCon Hit In Polymer Patent Suit
• Timber Groups, Ore. Take CWA Fight To High Court
• Citing Dukes, Lufkin Asks High Court To Review Class
• Insurers Can Contest 'Wager' Life Policies: Del. Court
• 2nd Circ. OKs NY Class In Waiters' Tips Suit
• Ex-Chrysler Workers Ask High Court To Revive Union Suit
• Esurance Action Belongs In Federal Court: 7th Circ.
• Amgen Asks High Court To Take Up FCA Kickback Case
• Fed Circ. Won't Revive IP Suit Against Kodak Customers
• Rose Acre Tells 7th Circ. Policies Cover Antitrust MDL
• Case Study: In Re Lothian Oil
• 6th Circ. Affirms Dismissal Of John Rich Copyright Suit
• Mazda Air Bag Suit Must Stay In State Court: 11th Circ.
• US Violated Islamic Charity's Rights: 9th Circ.
• 6th Circ. Revives ERISA Suit Over Advest Comp Plan
• Obama Nominates Calif. District Judge For 9th Circ.
• Fed. Circ. Nixes Cordance Patent In Amazon 1-Click Suit
• 7th Circ. Scraps Potash Price-Fixing Action
• 2nd Circ. Nixes Sanctions On Milberg, Others In Sony MDL
• Texas Court Affirms $3M Win For Ethicus In Contract Row
• 2nd Circ. Sends UBS, Hospital ARS Fight To Arbitration
• American Must Put Fares On Orbitz: Ill. Appeals Court
• Only 1st Domain Registration Counts Under ACPA: 9th Circ.
• 6th Circ. Affirms Toss Of Generic Drug Labeling Suits
• Nintendo Can't DQ Floyd & Buss From IP Suit: Fed. Circ.
• 8th Circ. Backs Nucor Workers' $1.2M Win In Race Suit
• 3rd Circ. Reopens Question On Deepening Insolvency
• Ill. High Court Nixes $43M Verdict Over Ford Explosion
• 4th Attorney Disbarred Over $55M Fen-Phen Scam
• NY Port Authority Immune From WTC Attack Claims
• Knowledge Is Power: Requiring 'Knowledge Of The Patent'
• Supplement Maker Can't Disqualify Atty: Calif. Court
• 9th Circ. Clarifies 'Scandalous' In Discovery Row
• Political Question Bars KBR Electrocution Suit: 4th Circ.
• Liberty Media Can Split Off Assets: Del. High Court
• 4th Circ. Nixes Iraq Detainee Suit Over Contractor Abuse
• 2nd Circ. Skeptical Of $163M Citi Risky Investments Suit
• 2nd Circ. Denies Rehearing For US In FISA Challenge
• 7th Circ. Keeps 10-Year Term For $28M Fraudster
• RJ Reynolds Loses Appeal Of Post-Engle Smoker's Suit
• 9th Circ. Revives Homeowners' Suit Over Foreclosures
• Fed. Circ. Affirms Monsanto Win In Soybean Case
• 7th Circ. Revives Johnson & Bell Atty's Bias Suit
• 7th Circ. Asks Ex-Penske Workers To Prove Jurisdiction
• Patent Exhaustion Post-Tessera
• Richardson Malpractice Suit Sent Back To Trial Court
• 3rd Circ. KOs $1M Suit Over George Foreman Trademark
• US Asks 2nd Circ. To Uphold Smart Online CEO's Conviction
• 11th Circ. Vacates $150M Verdict In Road Contract Row
• Erie Owes Imperial Defense Over Emissions: Ill. Court
• Class Trimmed In Nissan Dashboard Defect Suit
• MMWA Bars Warranty Arbitration Clauses: 9th Circ.
• No New Appeal For Insurer In Junk Fax Defense Cost Row
• Forest Service Can't Halt Allegheny Drilling: 3rd Circ.
• 9th Circ. Revives Toyota Warranty Suit In Split Ruling
• 2nd Circ. Nixes Costco Shrimp Skimp Suit
• Green Group Slams Vetting Of Wyo. Gas Project In DC Circ.
• 2nd Circ. Axes Injunction In Chevron's $18B Ecuador Row
• 2nd Circ. OKs McGraw-Hill Win In 1st-Sale Textbook Case
• USPTO Panel Nixes Savings Patent In BofA Row
• Iraqi Chemical Co. Not Liable For Torture: 4th Circ.
• Insurer Off Hook In Trailer Bridge Antitrust MDL: 11th Circ.
• Chrysler Dealers Lost Chance To Fight Sale: 2nd Circ.
• Disgorgements Can Be Discharged In Ch. 7: 9th Circ.
• Commission Short-Lists 3 For DC Court Of Appeals
• Calif. Court OKs Cops' Anti-SLAPP Defense In Bias Suit
• USPTO Diaper Patent Ruling Needs Changing: Fed. Circ.
• 2nd Circ. Shuts Down GE Stock Inflation Action
• EPA Defends Greenhouse Gas Regs In DC Circ.
• 2nd Circ. Skeptical Of Chevron $18B Judgment Block
• USTR Mishandled Green Groups' FOIA Request: 9th Circ.
• Fed. Circ. Won't Rehear ThyssenKrupp Elevator IP Fight
• 1st Circ. Nixes Lower Award In Music Sharing Suit
• Insurer Off Hook In AES Global Warming Coverage Row
• 2nd Circ. Affirms Conviction Over Film Co. Securities
• Traders Aren't Liable For Ponzi Losses: 5th Circ.
• Citing Dukes, 9th Circ. Remands Costco Class Action
• NY Court Upholds Most Claims In Bronx Cancer Suits
• Ark. High Court Tosses Suit Against Dillard's Board
• Ortho-McNeil Defends Foreign Patent Ruling In 7th Circ.
• Suit Over Atty's Nixon Peabody Fraud Deal Revived
• EPA Didn't Consider Pesticide's Risk To Kids: 2nd Circ.
• 8th Circ. Won't Order New Trial For Agriprocessors Exec
• 2nd Circ. Will Hear Richard Prince's Photo Use Appeal
• 2nd Circ. Upholds $6M Penalty In Universal Express Case
• BellSouth Workers Take ERISA Loss To High Court
• No Retailer Indemnity For Faulty Product Makers: Court
• Case Study: Seabright Insurance V. US Airways
• United Tells DC Circ. Antitrust Case Is Speculative
• Think Tanks Back Mayo In High Court Patent Fight
• Energy Future Unit Wants DC Circ. To Halt Emissions Rule
• NRC Must Reassess Storage Rule, States Tell DC Circ.
• 2nd Circ. Asked To Revive KeySpan Price-Fixing Suit
• Saint-Gobain Unit Takes $45M Patent Loss To High Court
• GIT Asks Supreme Court To Weigh Ch. 11 Challenge
• Boeing SOX Plaintiffs Seek Supreme Court Review
• 5th Circ. Backs Chili's Waiters' $1.8M Tip-Sharing Win
• Ponzi Schemer's Ex-Wife Can Keep $14M Payout: 2nd Circ.
• Fed. Circ. Revives WildTangent Web Media Patent Suit
• Conflicting Post-Bilski Cases: Classen And CyberSource
• Conseco Takes $1.9M Atty Fee Award Up With 9th Circ.
• Some Union Fees Illegal, Calif. Workers Tell High Court
• 4th Circ. Expands Religious Groups' Title VII Exemption
• Tech Giants Ask Fed. Circ. To Reverse Joinder Ruling
• 9th Circ. Rejects Arminak Appeal In Antitrust Suit
• Ex-Stark Reagan Attys Can Bring Age Bias Suit: Court
• 1st Circ. Affirms Airframe Loss In Source Code Row
• Dealerships Ask 2nd Circ. To Revive Chrysler Suits
• Case Study: Pernod V. Bacardi
• Size Of Costco Shrimp Trays Fishy, Atty Tells 2nd Circ.
• 6th Circ. Upholds 10-Year Sentence For Ponzi Schemer
• Case Study: Interpharm V. Wells Fargo
• EPA Defends Ethanol Fuel Waivers To DC Circ.
• 9th Circ. Remands Landfill Case, Finds No Harm To State
• Bon Jovi, MLB Ask 1st Circ. To Toss Songwriter's Suit
• 7th Circ. Will Rehear Parking Ticket Privacy Suit
• 9th Circ. Hands Unions Win In Dues Checkoff Battle
• 3rd Circ. Takes On Nortel UK Pension Row
• States, Industry Groups Decry EPA Sulfur Rule In DC Circ.
• 5th Circ. Upholds Exxon Fraudster's 5-Year Prison Bid
• 2nd Circ. Says Wachovia Owes Pay To Air Force Reservist
• 9th Circ. Will Hear Tribe's Gold Prospecting Suit En Banc
• Evaluating The Validity Of Tribal Bonds
• Myriad — Fueling The Debate Over DNA Patents
• Court Upholds Win For 'Bruno' Star In Bingo Brouhaha
• 9th Circ. Reduces Louis Vuitton Trademark Win To $10.8M
• Fed. Circ. Upholds DOC Duty Rate On Vietnamese Fish
• 5th Circ. OKs Hostile Workplace Claims Under ADEA
• Energy Future Takes EPA Emissions Rule Feud To DC Circ.
• Franchisee Owes Chevron Atty Fees: 9th Circ.
• Calif. Court Tosses $12M Award In Spinach Coverage Row
• Enviros Tell DC Circ. EPA's Hot Spot Rule Violates CAA
• Clarifying The Interaction Of CWA And Calif. State Law
• 5th Circ. Upholds Ponzi Schemer's 30-Year Sentence
• Obama Makes Judicial Picks For 4th Circ., Texas
• 1st Circ. Backs AmEx Win In Six Sigma Fee Suit
• 2nd Circ. Remands Ex-Morgan Stanley Salesman's Bias Suit
• Sony TV MDL Settlement Not Fair, 2nd Circ. Hears
• Countrywide Loan Fees Violated Mo. Law: 8th Circ.
• Social Workers Not Exempt From OT Under FLSA: 9th Circ.
• Fed. Circ. Revives Markem Printer Patent Suit
• 11th Circ. Revives Fla. Hurricane Coverage Suit
• Kellogg Deceptive Ad Claims Not Barred, 7th Circ. Told
• 2nd Circ. Affirms E&Y Atty's Insider Trading Conviction
• Mayer Brown Atty Asks 2nd Circ. To Toss Conviction
• US Fights $69M CERCLA Payment To Shell, ARCO
• Case Study: CML V LLC V. Bax
• Pa. Law Should Apply To NJ-Issued Amica Policy: 3rd Circ.
• Genzyme Not Liable In Carticel Negligence Suit: 11th Circ.
• Clearwire Offer Didn't Kill Class, Atty Tells 7th Circ.
• BNY Transfers Hurt Sentinel Creditors, 7th Circ. Told
• 6th Circ. Backs Dismissal Of Morgan Keegan Fraud Action
• 9th Circ. Nixes $6M DuPont Herbicide Verdict Against US
• 4th Circ. Nixes Challenges To Health Care Law
• No Med Monitoring For CSX Toxic Crash Class: 6th Circ.
• The Skinny On Skinny Labels
• Interpreting In Re United Operating
• Writer Trumps Defamation Suit Over 'The Donald' Book
• Hospital's Insurance Dispute Not Local: 5th Circ.
• Insurance Pricing Suit Belongs In State Court: 5th Circ.
• Microsoft Defends Xbox Patent Suit Win In Fed. Circ.
• Proxy Access Still Alive Even Without SEC Appeal
• 8th Circ. Backs Mass Mutual In ERC Reinsurance Fight
• Md. Court Affirms Water Pollution Rules For Manure
• SunTrust Can Arbitrate Home Equity Action: 11th Circ.
• 9th Circ. Clears MERS In Mortgage Fraud Suit
• Wells Fargo Can Bring Bond Claims In Loan Row: 7th Circ.
• Mylan, Cephalon Spar In Fed. Circ. Over Amrix MDL Ruling
• Reasonable Recovery In Calif. Torts
• 1st Impressions — In Re Marcal Paper Mills
• High Court Backs Arbitration But May Carve Out Exceptions
• Suits Sent To Arbitration Should Be Stayed: 8th Circ.
• 1st Circ. Won't Hear AA's Class Cert. Challenge
• Tainted Formula Suits Must Remain In China: 4th Circ.
• 8th Circ. Revives Ritchie Suit Against Petters Execs
• Exelon Pension Plans Don't Violate ERISA: 7th Circ.
• Teamsters Target Mexican Trucking Program In 9th Circ.
• Same-Sex Partners Entitled To Ariz. Benefits: 9th Circ.
• DOJ Must Disclose Phone Tracking Cases: DC Circ.
• Fed. Circ. Finds No Injury In Hepatitis B Vaccine Case
• Hollywood Looks To High Court On Idea Submission
• Vacating The SEC's Proxy Access Rule
• Former Acting SG Katyal Heads To Hogan Lovells
• Madoff Victims Want Another Shot At 2nd Circ. Appeal
• 11th Circ. Rejects Wesley Snipes' Tax Appeal
• Del. High Court Denies Standing To Defunct LLC's Creditor
• 7th Circ. Slashes Email Marketer's Damages To $3
• Home Depot's Copyright Win Upheld By 7th Circ.
• 7th Circ. OKs $43M Fees For Rohm & Haas ERISA Suit
• NY Appeals Court Bars Sale Of 14 Manhattan Properties
• 1st Circ. Throws Out Nestle Ice Cream Antitrust Suit
• 6th Circ. Revives Volunteer Fire Dept. Bias Suit
• Dyncorp Must Cover Employee Shot In Kosovo: 2nd Circ.
• The Myriad Appeal: DNA Patent-Eligibility Under § 101
• Madoff 'Net Winners' Lose Out
• En Pointe, Sarcom Test Limits Of CFAA In 9th Circ.
• 9th Circ. Weighs NSA, Telecom Wiretapping Suits
• 9th Circ. May Decide Defunct DADT's Merits
• Fed. Circ. Revives SanDisk, Micron Patent Fight
• MatlinPatterson Can't Sue FedEx Over ATA Deal: Court
• Wash. High Court Says AG Can Fight Health Care Reform
• Westfield, Rouse Must Hand Over Atty Advice: Court
• Atty Says GE Projections 'Classic Case' Of Stock Inflation
• Countrywide Was 'Flying Blind' Before $4B BofA Deal: Atty
• NM Appeals Court Steps Into $288M Pay-To-Play Suit
• 2 Months After Dukes ...
• Toyota Can't Force Arbitration In Prank Ad Campaign Suit