Appellate Archive » November, 2011

Appellate - November, 2011

284 articles

• JDA Software, Dillard's Settle Trade Secrets Feud For $57M
• 7th Circ. Restores Flight Attendants' Seniority After Merger
• 2nd Circ. Speeds Review Of $8.5B BofA Settlement Fight
• High Court Considers Reach Of Privacy Act Damages
• National Union Off Hook For Faulty Parts Claims: 5th Circ.
• 2nd Circ. Backs Dismissal Of Merrill Lynch Sex Bias Suit
• NY AG Appeals Dismissal Of ARS Suit Against Schwab
• Creating An E-Discovery Process For Google Apps
• Rajaratnam Pushes For Bail During 2nd Circ. Appeal
• Justices Hammer IPO Investors Over Claims Timeliness
• Fed. Circ. Won't Rehear RJ Reynolds Patent Suit
• Appellate MVP: Quinn Emanuel's Kathleen Sullivan
• Golden Eagle Flies To Victory In Injury Defense Row
• 6th Circ. Dashes RPM's Hopes For $125M In Asbestos Cash
• $750M PSE&G Transmission Line Faces Court Fight
• 11th Circ. OKs Ala. County Official's Bribery Sentence
• 8th Circ. Backs Insurers' Win Over $27M In Flood Claims
• Ledbetter Can't Save Age Bias Suit: 10th Circ.
• Fremont Investors Lose Bid To Revive Securities Suit
• DC Circ. Tosses Most Sierra Club Claims In Fla. Mall Suit
• 7th Circ. Holds Weight-Loss Huckster To $37.6M Fine
• Contractor Asks 7th Circ. To Revive Chicago Contract Row
• Dearth Of A 'Sales'man
• Albuquerque Has No Right To Rio Grande Water: NM Court
• Residence Managers Take Wage Row To Supreme Court
• Writer Has No IP Stake In Topps Sci-Fi Game: 9th Circ.
• NY Appeals Court Revives Drug Test Negligence Suit
• Hawaii Hotel Asks High Court To Review NLRB Pinch-Hitting
• Court Upholds Landowner's $57.5M Award In Lease Suit
• Homebuyer Must Prove Harm, Insurer Tells High Court
• Supreme Court Mulls TCPA's Quirks In Sallie Mae Suit
• Appellate MVP: Jenner & Block's Paul Smith
• Supreme Court Shuts Door On State Farm Medical Info Suit
• Ex-Chrysler Workers' UAW Suit Stalls In Supreme Court
• Verizon Customers Bring Rate Hike Suit To Supreme Court
• Calif. Court Affirms Novellus Win In Linear Contract Fight
• Pharmacies Turned Away By High Court In W.Va. Drug Suit
• 2nd Circ. Weighs Revival Of Goldman Pay Disclosure Suit
• Supreme Court Won't Butt Into Tobacco Settlement Case
• American Airlines Tip Dispute Rejected By High Court
• High Court Spurns Midwest Towns' Gas Price-Fixing Suit
• SAIC Job Seeker Turns To High Court On Retaliation Claims
• High Court Won't Touch Appeal Over Oil Co.'s Bankruptcy
• High Court To Weigh Privacy Act Emotional Damages Case
• Out Of Court: Dismissals With Prejudice Under SLUSA
• Tessera Chip IP Win Won't Get High Court Review
• High Court Takes On Gas Co.'s $18M Mercury Fine
• Supreme Court To Rule On GSK Reps' OT Status
• STOLI On The Rocks With A Twist
• Mass. Court Affirms JPS Wronged STR Over Solar Cell IP
• NY Agency's GPS Tracking Of Worker Was Justified: Court
• Insurer Owes Transporter $6M In Spill Coverage: 7th Circ.
• Coast Guard Right To Deny Oil Spill Funds: 5th Circ.
• 8th Circ. Won't Rehear Heart Defect Drug Competition Suit
• AT&T Presses 9th Circ. To Revive LCD Price-Fixing Claims
• Fed. Circ. Cuts Synopsys Award In Ricoh Patent Feud
• Appellate MVP: Orrick's Joshua Rosenkranz
• 2nd Circ. Asked To Boot Clear Channel Antitrust Suit
• 7th Circ. Cries Fowl Over Attys' Transfer Briefs
• 2nd Circ. Nixes Suit Over BofA's $4B Countrywide Buyout
• The Latest In Fair Lending 'Disparate Impact' Actions
• 5th Circ. Revives Suit Over El Dorado Factory Fire
• Dallas Paper Rips Ex-Workers' Age Bias Suit In 5th Circ.
• Calif. Appeals Court Nixes Suit Over BofA Fee Hikes
• Ex-Merrill Brokers Ask 9th Circ. To Revive Trading Action
• Atty's Pro Se Ghostwriting Was Not Misconduct: 2nd Circ.
• ABA Solicits High Court For Private Attorney Immunity
• Enviros Urge 5th Circ. To Toss Drilling Permit Deadline
• Del. High Court Denies HP Investor Report On Hurd's Exit
• Alleged Atty Misdeeds Derail Junk Fax Class In 7th Circ.
• Okla. City Takes Energy Tying Suit To Supreme Court
• Paralyzed Woman's Award In Cybex Suit Slashed To $44M
• NY Court Upholds Daffy's Win In Lease Renewal Fight
• Appellate MVP: Sidley Austin's Carter Phillips
• 9th Circ. Keeps Yellowstone Bears On Endangered List
• Fla. Court Calls For Deadline Leeway In Engle Suits
• Mylan Asks Fed Circ. To End Doryx ANDA Injunction
• Learning From Office Depot V. National Union
• Is Inequitable Conduct Still A Viable Defense?
• Calif. High Court Advises 9th Circ. On Implied Contracts
• Calif. Court Restores CashCall Eavesdropping Suit
• Kanye Points To Nietzsche In 7th Circ. 'Stronger' IP Appeal
• 7th Circ. Affirms Lovenox Kickback Case Conviction
• Fed. Circ. Backs US In Low-Income Housing Row
• 2nd Circ. Scraps Capital One Debt Collection Suit
• AOL Privacy Deal Violated Cy Pres Standards: 9th Circ.
• High Court Must Revive Diaper Injunction: Kimberly-Clark
• Gaming In Fla.: Lots More Slots?
• Appellate MVP: Gibson Dunn's Mark Perry
• Ga. High Court Backs Builders Over Blocked Skyline View
• Surprising Interpretations Of Janus Bright Line
• Univ. Of Calif. Can Seek City Service Extensions: Court
• Citing Patent Law, Fed. Circ. Nixes Juicer Marking Case
• Zurich Coverage Claims Shouldn't Be Split, 4th Circ. Told
• Supreme Court Picks 2 Attys For Health Care Fight
• Clearwire Deal Offer Killed TCPA Action: 7th Circ.
• Fed. Circ. Urged To Retool Joint Infringement Standard
• 7th Circ. Nixes Remand Appeal In LCD Antitrust Suit
• Fed. Circ. Reverses Ban On Inventor's Expert Testimony
• 7th, 11th Circs. Knock Down Ladder Injury Suits
• Appellate MVP: Kirkland & Ellis' Jay Lefkowitz
• DC Circ. Backs Expanded Gas Drilling In Wyo.
• BiTEK Induced Infringement Of O2 Micro IP: Fed. Circ.
• 2nd Circ. Shuts Down GE Investors' Fraud Action
• Hoboken Ordered To Rethink Vote Against Apartment Tower
• 3rd Circ. Kills Appeal By Workers Who Emailed Sexy Photos
• Obama Names Top-Level Prosecutor To DC Appeals Court
• NY Court Keeps $42M Pryor Cashman Malpractice Suit Alive
• Implications Of Nationwide Food Labeling Guidelines
• Considering The Scope Of CFAA
• Ca. Supreme Court Won't Touch Law Firm Sex Bias Case
• Prop. 8 Sponsors Can Defend Ban: Calif. High Court
• Calif. High Court Won't Hear Golden Gate Road Challenge
• Family Asks 2nd Circ. To Revive Coke Stolen Land Case
• FedEx Worker MDL Claims Should Stay Separate: 7th Circ.
• 9th Circ. Backs FWS In Mont. Mine Endangered Species Row
• Appellate MVP: WilmerHale's Mark Fleming
• Robber's Ex-Atty Can't Get More 'Dog Day' Royalties: Judge
• 4th Circ. Backs 100-Year Sentence For 1031 Tax Owner
• Storing Infant Blood Violates Privacy: Minn. Top Court
• Town Can Trim Firefighter Positions: NY High Court
• Case Study: US V. SLM
• There's No Place Like Court: Film Character Copyrights
• 9th Circ. Will Hear Toyota Appeal In Acceleration MDL
• NY High Court Upholds Lump Sum Workers' Comp Law
• 9th Circ. To Rehear Veterans' Mental Health Care Action
• Ill. Court Nixes Club Owners' Sentences For Fatal Stampede
• 2nd Circ. Asked To Revive Capital One Debt Collection Suit
• Appellate MVP: Morgan Lewis' Ted Cruz
• US Reps. Slam DOMA In 1st Circ. Same-Sex Benefits Fight
• VH1's 'Wives' Execs Try To Kill Arenas' 9th Circ. Appeal
• JC Flowers Defends Role In Failed $104M Insurer Buyout
• Citing Skilling, 2nd Circ. Orders Retrial For Ex-NY Pol
• Ga. Court Lets Yamaha Off Hook In Rhino Injury Suit
• Antitrust And Advertising Injury: Hurdles For Defendants
• Ill. Appeals Court Kills Captive Insurer's AIG Contract Fight
• Appellate MVP: Dechert's G. Eric Brunstad Jr.
• Countrywide Takes MBS Jurisdiction Dispute To High Court
• Insurers Ask 1st Circ. To Strip Cert. In ERISA Suit
• Ex-Lawmaker Wants High Court To Hear Privilege Claim
• Ex-Athlete Asks 7th Circ. To Revive NCAA Antitrust Suit
• Eastman Says Fed. Circ. Patent Ruling Flouted Precedent
• NY Ruling Shows Lifetime Work Contracts Die Young: Atty
• 2nd Circ. Denies Bail For Convicted Duane Reade CEO
• High Court Asked To Open Up Fed's Bear Stearns Docs
• APP Takes Angiomax Patent Extension Fight To Fed. Circ.
• Wyeth Resolves False Ad Fight Against Sun In 6th Circ.
• 2nd Circ. Should Remand Louboutin Red Sole IP Suit: INTA
• Fox Asks 2nd Circ. To Kill Screenwriter's 'Alien' Suit
• Benihana Asks 2nd Circ. To Chop Suit Over $8M Eatery Deal
• 'Biggest Loser' IP Suit Cut Short, Writer Tells 2nd Circ.
• High Court Asked To Review Bayer Crop Damage Suit
• NY High Court Affirms Sirius Win In Radio Licensing Fight
• Attys Push 2nd Circ. To Resurrect KeySpan Antitrust Suit
• Case Study: GoPets V. Hise
• The Long View Following In Re Longview Aluminum
• Fed Circ. Backs DuPont's Semiconductor IP Win
• Verizon, JPMorgan Shake Idearc Class Action In 3rd Circ.
• Fed. Circ. Keeps Ban On Emcore Optoelectronic Imports
• Home Depot Owes Saw Device Inventor $24M: Fed. Circ.
• NBCUniversal Asks 2nd Circ. To Nix 'Royal Pains' IP Suit
• Ex-E&Y Partner Fights Tax Fraud Conviction In 2nd Circ.
• Novartis Backs Medical Test Patent In High Court
• 2nd Circ. Says Merrill's ARS Disclosures Were Up To Snuff
• Appellate MVP: Gibson Dunn's Theodore Boutrous
• Executory Contracts With Multiple Personalities
• On The Brink Of Deciding Brinker
• Abramoff Schemer Asks DC Circ. To Grant Plea Deal Change
• Supreme Court Takes Up Health Care Reform
• Calif. Court Affirms AIG, PwC Win Over Annuity Losses
• Buyer Wants Claims Added In Property Sale Suit
• Nike's Covenant Ends Yums' Shoe IP Claims: 2nd Circ.
• 4th Circ. Affirms $19M KBR Loss In Army Contract Row
• 6th Circ. Nixes Health Discount Deceptive Ads Action
• Fed. Circ. Nixes Teva Bid To Halt Generic Seasonique
• Calif. High Court Mulls Options For Redevelopment Funds
• Calif. Appeals Court OKs Playa Vista Expansion
• Fremont Investors Ask 9th Circ. To Revive Securities Case
• Energy Cos. Not Entitled To Lost Revenue: Texas Court
• NY Court Upholds ING, Swedbank Win In Foreclosure Suit
• WilmerHale Partner Turns Down Fed. Circ. Nod
• Horvitz & Levy Adds Robie & Matthai Appellate Atty
• 11th Circ. Axes CompuCredit Antitrust Suit Against Funds
• Ex-Credit Agricole Analyst Asks 2nd Circ. To Preserve Win
• Tightening The Noose Around TPP Claims
• Atty Asks DC Circ. To Vacate SEC Ethics Actions
• Inventor Met Pleading Rules In Design Patent Suit: Atty
• 9th Circ. Won't Rehear DaimlerChrysler Union-Busting Suit
• 2nd Circ. Denies Cablevision's Bid To Hold HD Monopoly
• UPS Store Owners Ask 9th Circ. To Revive Contract Suit
• GE Asks 9th Circ. To Nix Arbitration Over Generator Repair
• High Court Weighs Preemption In Railway Asbestos Case
• Brink's Must Provide Rest Breaks For Drivers: Wash. Court
• When A Merger Is Not A Merger
• Solow Says Citibank Prematurely Sold His Collateral
• High Court Frowns On Calif.'s Defense In Slaughter Case
• 7th Circ. Revives SmithAmundsen Pregnancy Bias Suit
• Supreme Court Refuses To Touch Dana Fraud Suit
• 5th Circ. Reopens DHS Air Marshal's Disability Bias Suit
• Case Study: Turek V. General Mills
• Real Estate Patent OK Under Bilski: AML To Fed. Circ.
• 4th Circ. Upholds Estonian Contractor's Fraud Conviction
• 5th Circ. Revives State Claims In Health Provider Suit
• 10th Circ. Freezes Challenge To Colo. Ski Resort Projects
• Calif. Top Court Mulls Meal Break Standard In Brinker Suit
• No Evidence Of Fraud In Insurers' Contract Row: 5th Circ.
• Mo. Court Rejects Challenge To Electricity Rate Increase
• 9th Circ. Keeps Investor Class Intact In Anemia Drug Fight
• Amylin, Lilly Wrap Up Diabetes Drug Alliance, Lawsuit
• High Court Grills US Over Legality Of GPS Tracking
• Removal Of Wolf Protections Illegal, Enviros Tell 9th Circ.
• 10th Circ. Upholds Perjury Conviction Of ClearOne CFO
• Savient Investor Asks 2nd Circ. To Reopen Fraud Case
• DC Circ. Backs Health Care Law's Individual Mandate
• The 2nd Circ. Stance In Citigroup ERISA Litigation
• Federal Preemption For Generic OTC Drugs?
• 9th Circ. Reopens West, Kaplan Bar Prep Collusion Case
• High Court To Mull Issue Of Intent In Fair Housing Law
• 9th Circ. To Rehear Genocide Insurance Case En Banc
• 8th Circ. Shuts Down Neb. Water Appropriations Fight
• High Court Scares Off 'Ghost Hunters' Idea Theft Case
• US Urges Fed. Circ. To Nix $142M Nuclear Waste Award
• McAfee Didn't Sell Ex-GC Down The River: 9th Circ.
• DOI Adviser Wrongly Fired Over Outside Gig: Fed. Circ.
• Supreme Court Denies Sprint Termination Fees Fight
• 1st Circ. Throws Out Elisabeth Hasselbeck Plagiarism Suit
• Skechers' Class Damages Cap Suit Rejected By High Court
• Insurers' Asbestos Claim Challenge Won't Hit High Court
• Case Study: Anderson V. Hannaford Brothers
• High Court Rebuffs $60M Fraudster's Post-Skilling Appeal
• AstraZeneca Asks Fed. Circ. To Bar Generic Crestor
• Supreme Court Won't Tackle EPA Renewable Fuel Rule
• Justices Seek SG's Take On Saint-Gobain Patent Case
• Determining Limits On Copyright Statutory Damages
• High Court Resurrects KPMG Arbitration Bid In Madoff Row
• NH High Court Tells Retirement System To Release Records
• No Payouts For Denied Land Permits: Fla. High Court
• DC Circ. Shuts Down Sallie Mae FCA Suit
• Tenants Can't Sue Over Missing Tax Forms: 2nd Circ.
• Fifth Circ. Revives Union Pacific Land Rights Case
• Citing Bilski, Fed. Circ. Reopens 3D Graphics IP Suit
• Fed. Circ. Clears HTC, Others Over Typhoon Touchscreen IP
• Hospital Workers Ask 1st Circ. To Reverse OT Ruling
• Calif. High Court To Hear Long-Awaited Meal Break Case
• High Court To Mull Warrantless GPS Tracking
• Enviros Take Fight Over Power Plant Permit To 9th Circ.
• Should US Trade Secret Laws Extend To Foreign Countries?
• Providing A Seat And Time To Eat To Calif. Employees
• Ark. Court Puts 3-Year Cap On Bus Drivers' Wage Action
• 11th Circ. Upholds Coca-Cola Win In World Cup Song IP Suit
• 8th Circ. Grants New Trial In $4M Ethanol Insurance Row
• Museums, Google Back Richard Prince Fair Use Appeal
• NY Court Keeps $25M MetLife Tax Break Action Alive
• Oklahoma City Thunder's IP Win Is A Slam Dunk: 10th Circ.
• NY Court Won't Revive Firm's Suit Against Fox Rothschild
• 9th Circ. Revives Shuttle Driver FLSA Action
• Ameriprise Must Arbitrate Despite $100M Deal: 2nd Circ.
• Has Janus Pulled The Plug On Group Pleading?
• Zurich Owes Federal $1.5M In Coverage Suit Fees: 2nd Circ.
• 10th Circ. Upholds FDA Win In Morphine Exemption Suit
• 8th Circ. Won't Rethink New Trial For Agriprocessors CEO
• 2nd Circ. OKs Sentence For Corrupt Ex-KBR Worker
• Ex-IBM Exec Can Keep HP Job: 2nd Circ.
• Insurer Off Hook For Trade Show Co.'s IP Suit: 2nd Circ.
• Case Study: DISH Network V. Arch Specialty Insurance
• Ariz. Justice, Quattlebaum Partner Get Presidential Nods
• Enviros Appeal EPA's Carbon Monoxide Ruling To DC Circ.
• 3rd Circ. Again Nixes CBS 'Wardrobe Malfunction' Fine
• Idearc Investors Can't Block Ch. 11 Plan: 5th Circ.
• 5th Circ. Denies Stay In $75M Real Estate Loan Fight
• 2nd Circ. Must Close Condo Deal Escape Hatch: Developer
• FedEx Asks 7th Circ. To Nix $66M Verdict For ATA
• 1st Circ. Won't Rethink Insurer Liability In Faulty RV Suit
• Calif. High Court To Weigh Fate Of Redevelopment Funds
• Case Study: Adams V. Ford Motor Co.
• NY Court Affirms Judgment Against Sheldon Solow's Co.
• Supreme Court Weighs State Law Impact On Bivens
• UMass Hospitals Are 1 Employer, Workers Tell 1st Circ.
• Obama Withdraws Md. District Court Nomination
• La. Group Asks 5th Circ. To Flip EEOC Harassment Win
• 9th Circ. Nixes Union Action Over Hospital Layoffs
• Paper Cos. Ask 7th Circ. To Nix $53M Ruling For JPMorgan
• 7th Circ. Quashes Rose Acre's Antitrust MDL Coverage Suit
• Global Warming Not Covered By Your Insurance