Appellate Archive » October, 2011

Appellate - October, 2011

244 articles

• Calif. Court Tosses Pay-For-Delay Suit Over Bayer's Cipro
• Hospital Must Bargain With Nurses' Union: 9th Circ.
• Amylin Can't Block Lilly's Rival Drug Sales: 9th Circ.
• Supreme Court Mulls Extent Of Right To Effective Counsel
• Citing Concepcion, High Court Remands Worker's Wage Suit
• Contractor Can't Revive $23M Award In Trade Secrets Suit
• 9th Circ. Withdraws TV Bundling Class Action Dismissal
• High Court Won't Revive FCA Case Against IT Contractor
• Supreme Court Declines To Hear Land Seizure Case
• Medical Device Preemption Case Rejected By High Court
• 7th Circ. Orders Rehearing In Rumsfeld Torture Case
• Hitachi Loses Bid To Revive TV Tariff Suit In Fed. Circ.
• Send Contract Suit To Arbitration, Alltel Tells 7th Circ.
• Fed. Circ. Won't Rethink BD Syringe Patent Fight
• High Court Won't Hear Boeing Workers' Media Leak Case
• Divisive Teva-Merck IP Ruling Stays Out Of Supreme Court
• Supreme Court Declines DuPont Water Contamination Suit
• High Court Vacates Generics Preemption Ruling
• It May Take Two To Tango Under RESPA
• Town Shares Liability For 2005 Dam Break: NY Court
• NY Court Reverses Facebook Access Ruling In Injury Suit
• Texas Court OKs Utility's Rate Adjustment Clause
• Oil Co. Investors Ask High Court To Chuck Ch. 11 Ruling
• 6th Circ. Orders Promotion Of Black Officers In Bias Case
• EPA Transport Emissions Rule Strict Enough: DC Circ.
• LA Asks High Court To Nix River Pollution Ruling
• DC Circ. Overturns FAA Approval Of Mass. Wind Farm
• DC Circ. Nixes Ringling Bros. Elephant Cruelty Suit
• Pharmacies Bring Pfizer-Wyeth Merger Suit To High Court
• 9th Circ. To Review CFAA Counts In Worker Data Theft Case
• 2nd Circ. Nixes Arbitration Bid In $9M Wachovia CDS Case
• SoCalGas Can't Take Down Natural Gas Monitoring Rule
• 1st Circ. Keeps USPS Employees' Test Scores Private
• Putting Teeth Into Falcon
• Disability Pay Must Depend On Time Of Award: 11th Circ.
• 11th Circ. Splits Over Condos As Investment Contracts
• US Wields Skilling In Exec's 7th Circ. Bid-Rigging Fight
• AARP Backs Dallas News Workers In 5th Circ. Age Bias Suit
• Case Study: Merck V. Garza
• Investment Fraudsters Must Pay $115M: 11th Circ.
• Enviros Can't Challenge Waste Regs: Ill. High Court
• Case Study: TianRui V. ITC
• Pryor Cashman Wants Off Hook For $42M Fraud At Union
• Insurers Ask High Court To Hear Health Fight Quickly
• 4th Circ. Refuses To Bar Alleged 'Fallout' Game Copycat
• Case Study: Green Tree V. DBSI Landmark Towers
• 2nd Circ. Upholds Bribery Conviction Of UN Officer
• 1st Circ. Revives Fraudster Builder's Puerto Rico Suit
• Mich., Others Implore High Court To Help Battle Carp
• Case Study: Texas Mutual Insurance V. Ruttiger
• 8th Circ. Won't Revive Minn. Prempro Suits
• 9th Circ. Revives Rio Tinto Human Rights Suit
• 3rd Circ. Puts Away Garment Industry Antitrust Suit
• 2 FERC Intrastate Gas Rules Struck Down By 5th Circ.
• 5th Circ. Affirms Gaming Pioneer's $28M Stock Option Win
• Tiffany Backs Louboutin In 2nd Circ. Red Sole IP Battle
• Case Study: Trailer Bridge V. Ill. Nat'l Insurance
• Welch Can't Squeeze Insurer Over Ad Suits: 1st Circ.
• Software Co. Investors Can't Revive Suit Over Oracle Buy
• Md. High Court Says Landlords Liable For Lead Poisoning
• 10th Circ. Says Juries Should Decide Punitive Damages
• Custom Software Not Covered By Consumer Law: NJ Court
• Retaliatory Speech Must Involve Threats: 7th Circ.
• 2nd Circ. Nixes Conviction For Iran Money Transfer System
• Merrill Brokers Urge 7th Circ. To Revive Bonus Bias Action
• 9th Circ. Backs Insurer's Win In Ventana IP Defense Row
• Questioning The Limits Of The Ministerial Exception
• Case Study: Fiero V. FINRA
• Applebee's Asks High Court To Clarify FLSA Tip Credit
• Threat Of Data Misuse Counts As Injury: 1st Circ.
• RV Maker Wins Stay On Kawasaki IP Claims In 7th Circ.
• Calif. Court Sends Forever 21 OT Suit To Arbitration
• Court Was Wrong To Block Roadless Rule: 10th Circ.
• Walletmaker Asks 6th Circ. To Block Seven's Use Of Mark
• 11th Circ. Scraps Lockheed Workers' Toxic Injury Suit
• Farmers Entreats High Court To Nix $9M Fraud Verdict
• Madoff Victim Takes $1M Coverage Row To Supreme Court
• 1 Patent Doctrine, 2 Divergent Fed. Circ. Decisions
• Case Study: FICO V. Experian Information Solutions
• Ill. Court Upholds Pekin Win In Pharmasyn Coverage Row
• Icahn's Firm Loses $60M Suit Over Failed Venture
• Fla. Appeals Court Nixes Ex-Hospital Chief's $10M Libel Win
• EEOC Asks 7th Circ. To Revive United Airlines ADA Suit
• Rockland May Have Acted Late In Coverage Fight: 2nd Circ.
• JetBlue Loses Round In Arbitration Row With Pilots
• 8th Circ. Probes Plaintiffs' Standing In Health Law Suit
• Case Study: FTC V. Lundbeck
• Fed. Circ. Sides With Streck In Hematology Patent Fight
• Enviro Group Challenges TVA Nuke Permits In DC Circ.
• Culling Class Action Waivers Under Magnuson-Moss
• 3rd Circ. Upholds Ex-NJ Lawmaker's Bribery Conviction
• Web Hyperlinks Are Not Libel, Canada's High Court Says
• 2nd Circ. Upholds Citigroup, McGraw-Hill ERISA Wins
• 9th Circ. Upholds Contractor's Bribery Convictions
• Broke Anderson Wants 2nd Circ. To Revive Antitrust Suit
• Ex-IBM Exec Urges 2nd Circ. To Let Him Stay At HP
• Ex-Orrick Atty Denied Punitive Damages In Promotion Row
• Calif. Court Clears Warner Bros. In Boat Injury Suit
• 9th Circ. Affirms Class In BNY Suit Over Ponzi Scheme
• 9th Circ. Kills Some Mont. Insurance Claims Under HIPAA
• Case Study: In Re Marcal Paper Mills
• Enforcing Limitation Of Action Clauses In Ohio
• NLRB Erred In Union Dispute Ruling: Chevron To DC Circ.
• NY High Court Revives Bus Passengers' Seat Belt Claims
• Terex, Bucyrus Spar Over $1.3B Merger Price Adjustment
• 7th Circ. Lets Airlines Join Chicago's FEMA Snow Fight
• Abbott, Lilly Fight Sales Reps' OT Claims In 7th Circ.
• Fed. Circ. Nixes Apotex $108M Interest Payout Over Plavix
• Viacom Pushes 2nd Circ. To Reopen $1B YouTube Suit
• Case Study: City Of Stockton V. BNSF Railway
• Ultramercial Ruling Conflicts With Bilski: WildTangent
• NY Court To Hear Arguments Over Midtown Tower Deal
• 26 States Ask High Court To Hear Logging Runoff Fight
• 10th Circ. Rules For Dish In Patent Suit Coverage Row
• Kellogg, General Mills Beat Natural Fiber Suit In 7th Circ.
• Madoff Investors Seek Status To Access Victim Funds
• Texas Arbitration Rules Challenge Stays Out Of High Court
• Supreme Court Rebuffs Insurer USI's $23.6M Copyright Hit
• Supreme Court To Mull Shell's Liability For Rights Abuses
• 2nd Circ. Urged To Revive Northwest Age Bias Suit
• Selective Service Firing Suit To Go Before High Court
• Ruling Keeps ITC Domestic Industry Rule On Short Leash
• Schlumberger Wins Arbitration Bid In Baker Hughes IP Row
• Energy Co. Can't Trim SEC Penalties: 11th Circ.
• 11th Circ. Blocks Parts Of Ala. Immigration Law
• 10th Circ. Backs NY Life In Policyholders' Fraud Action
• Amgen Asks 9th Circ. To Undo Shareholder Class Cert.
• Fed. Circ. Revives Software License Suit Against DOJ
• 9th Circ. Upholds Marine's Sentence In Export Case
• Judge Nixes Suits Seeking Kagan Health Care Reform Docs
• Emery Pushes 2nd Circ. For Lockerbie Bombing Case Fees
• Iran Claims Immunity From $44M Dairy Payout In DC Circ.
• Log Cabin Republicans Urge 9th Circ. To Revisit DADT
• The Year So Far In FTAIA
• Chemical Co. Can't Raise Retiree Premiums: 5th Circ.
• Investor Wants 9th Circ. To Nix $3M Bear Stearns Award
• US Gets 9th Circ. On Its Side In Market-Rate Energy Fight
• Insurers Off Hook For Office Depot's Costs: 11th Circ.
• Colo. County Atty Can't Sue City Under CWA: 10th Circ.
• Monroe Pics Belong To Estate, Not Photogs, 9th Circ. Told
• 9th Circ. Upholds Ex-Brocade CEO's Backdating Conviction
• Fox Rothschild Profited From Ex-Firm's Cases: Atty
• Fed. Circ. Upholds EarthLink Win In DSL IP Suit
• Stockbroker Can't Escape $1.6M Judgment: 8th Circ.
• Antitrust Group Urges 8th Circ. To Rehear FTC Drug Suit
• No Review Needed For Feds' RV Rule Changes: 9th Circ.
• Potash Buyers Fight For Global Cartel Suit In 7th Circ.
• Debating Foreign Copyright Restoration
• Employers Suing Workers Shouldn't Pay Costs: Calif. Court
• 5th Circ. OKs Cab Permit Plan Over Competition Objections
• 3rd Circ. Sends Cop's Shower Privacy Suit To Jury Trial
• Fed. Circ. Bars Rival Windshield Wipers In Bosch IP Row
• 1st Circ. Won't Nix $30M Attys' Fee Award In VW, Audi MDL
• High Court Nixes Stanford Ponzi Victims' Arbitration Row
• Rig Workers Hurt On Land Can Get Comp, High Court Told
• Fed. Circ. Chops Down Canex Lumber Imports Case
• Case Study: In Re Lemington Home For The Aged
• Quinn Emanuel Can Receive $13M Facebook Suit Fee: Court
• XTool Tracker Maker Infringed Absolute IP: Fed. Circ.
• Amylin Calls For Lilly Marketing Injunction In 9th Circ.
• ITC Can Ban Imports Over Foreign Secrets Theft: Fed. Circ.
• Credit Co. Tells High Court CROA Doesn't Nix Arbitration
• Doctors Take ERISA Suit Against UMB To High Court
• EPA's Cement Kiln Emissions Rule Challenged In DC Circ.
• Realtor Group Locked Out Of High Court In FTC Fight
• SG Joins Supreme Court Fray In Prisoner's Bivens Suit
• High Court Rebuffs RSGI Bankers' Bid For More Cash
• High Court To Decide RESPA's Reach In Quicken Fees Suit
• The Awe Of Dawe?
• Yellowstone Trustee Loses Bid To Raise $40M Judgment
• Insurer Can't Dodge Damages In Moldy RV Suit: 1st Circ.
• Drugmaker Takes FDA Generics Rule Fight To DC Circ.
• Dental Board Pushes For Limit To FTC Reach In 4th Circ.
• US Wants 11th Circ. To Halt Ala. Immigration Law
• HHS Urges DC Circ. To Keep Ban On OxyContin Misbranders
• Goldman Stays Clear Of Solectron Shareholder Tangle
• Fresh Lessons On The FTAIA Foreign Commerce Exclusion
• Attorneys At Work: A Flexible Notion Of Plagiarism
• Fed. Circ. Nixes Arms Maker's $2M Trade Secrets Award
• Obama Taps NJ Magistrate Judge For 3rd Circ.
• Miss. High Court Removes Judge In $322M Asbestos Case
• Nvidia Tells Fed. Circ. Rambus Destroyed Vital IP Docs
• Does Apprendi Protect Corporate Criminal Defendants?
• Fed. Circ. Sides With IGT In Slot Machine Patent Row
• 5th Circ. Revives 'Your Work' Policy Exclusion Suit
• Korean Network's 'Degree Factory' Claim Not Libel: Court
• 9th Circ. Won't Rehear Dry Cleaning Waste Disposal Case
• Fed. Circ. Sides With Stanley In Zircon Patent Row
• High Court Grills US Over Challenge To Clergy Exemption
• High Court Divided Over Foreign Copyright Restoration
• Welch, National Union Debate Policy Wording In 1st Circ.
• 8th Circ. OKs Forced Ch. 7 For Filing-Happy Oil Co.
• Generics Cos. Rip AstraZeneca's Crestor IP In Fed. Circ.
• No Free Rein For USPTO In Rejecting Patents: Fed. Circ.
• FCC Seeks To Dismiss Verizon's Internet Rules Case
• 2nd Circ. Says FINRA Can't Bring Fine Collection Actions
• Case Study: US V. Barraza
• Grappling With Keywords In The 4th Circ.
• Insurance Exec Asks High Court To Review Mail Fraud Law
• Legal Costs Don't Prove PPC Domestic Industry: Fed. Circ.
• TCPA Applies To Cos., Not Just People: Ill. Court
• Mortgage Exec Presses SC High Court For Acquittal
• Quinn Emanuel Nabs IP, Appeals Star From Mayer Brown
• Dow Wins Bid To Limit Discovery In Patent Licensing Feud
• 3rd Circ. Revives Pollution Suit Against Pigment Maker
• Bid To Nix Hospital Antitrust Suit Is DOA In High Court
• High Court To Mull Churches' Employment Suit Immunity
• High Court Set To Examine Foreign Copyright Restoration
• Straddling The Circuit Split On 'Filing Under Seal'
• Case Study: American Trucking V. LA
• Judge Stands Behind Yellowstone Club's Ch. 11 Plan
• Privacy Group Asks High Court To Limit Police GPS Use
• High Court Won't Weigh Challenge To Calif. Emissions Rule
• High Court Won't Hear Steelmakers' Cases For Zeroing
• Suits Brought By State AGs Not Class Actions: 9th Circ.
• Citing Dukes, Supreme Court Vacates $7.7M FLSA Award
• No Difference Between 'Law,' 'Laws': 7th Circ.
• 9th Circ. Urged To Preserve $319M 'Millionaire' Verdict
• Software Makers Score As Top Court Denies Resale Suit
• Bunzl May Get New Trial In Knife Patent Row: Fed. Circ.
• Supreme Court May Hear DirecTV Tax Case
• Supreme Court Seeks SG's Input In Debt Collection Suit
• Supreme Court Won't Take Up WARN Suit Against DHL
• Imported LeMans Motorcycle Gear Is Apparel: Fed. Circ.
• OPEC Antitrust Suits Nixed By High Court
• High Court Wants US' View On Calif. Coastal Water Row
• ECPA Shelters Foreign Citizens' Emails: 9th Circ.
• High Court Rejects Appeal In Military Data Breach Case
• Supreme Court Bounces JPMorgan Check Fee Action
• Kirkland & Ellis Ducks Race Bias Suit In High Court
• High Court May Hear Appeal Of Blocked Coal Plant
• Black Merrill Brokers Rebuffed By High Court
• 7th Circ. Overturns Affymax Foreign Patent Ruling
• High Court Declines Review Of Religious Bias Exemption
• 11th Circ. Affirms Dismissal Of FACTA Coverage Suit
• High Court Turns Aside Blackstone Cert Bid In IPO Case
• Top Court Boots Petrobras Immunity Claims In $787M Suit
• Mining Co. Can't Get High Court Hearing On Ch. 7 Appeal
• Mylan Can't Get Top Court Review Of $76M Antitrust Ruling
• Music Download Appeal Falls On Deaf Ears In High Court
• High Court Won't Revive Mobile Radiation Class Action
• High Court Seeks SG's Take On $1B Plutonium Suit
• Is An Express Contract Always Better?
• High Court Won't Mull $19M First Bank Winstar Ruling