Appellate Archive » January, 2012

Appellate - January, 2012

325 articles

• High Court Won't Stall La. Insurer's $93M Katrina Fine
• Law Site Owner Tells 5th Circ. Texas Act Violates Free Speech
• US Defends Gulf Drilling Shutdown To 5th Circ.
• 4th Circ. Nixes Photographer's Suit Over Police Search
• Ill. Can Look To Unions To Set Public Project Wages: 7th Circ.
• Texas Court Should Toss BPZ Tanker Explosion Suit: Panel
• NY Court Backs EchoStar Sanctions For Deleting Emails
• Public Agency Supervisors Can Face FMLA Liability: 3rd Circ.
• Broker Fights For Commission From $1B Helmsley Deal
• 5th Circ. Grounds Continental Retirees' ERISA Claims
• Citing Concepcion, 11th Circ. Vacates BB&T Arbitration Ruling
• Blizzard Ices Ex-Worker's Calif. Trade Secrets Appeal
• Case Study: Golan V. Holder
• How To Lead A Practice Group
• US Can't Sue Ch. 13 Trustees Over Orders: 6th Circ.
• US Slams Enviros' Criticisms Of $2B Calif. Power Project
• Android Mark Holder Presses 7th Circ. To Reopen Google Suit
• Fed. Circ. Reverses Invalidity Ruling In HTC Suit
• 9th Circ. Rejects Insurer's Contract Claims Against Thorpe
• A Bear Of An Insurance Issue For JP Morgan
• Clarifying 'Show-Up' And Split-Shift Wage Orders
• China Loses WTO Appeal On Raw Material Exports
• In-House Accounts May Stop Insider Trading, 9th Circ. Hears
• Ex-McKesson Chair Asks High Court To Toss Guilty Verdict
• Health Law Can Stand Even Without Mandate: White House
• 9th Circ. Urged To Uphold Fee Award Against Righthaven
• Calif. Atty Can't Dodge Memory Supplement Defamation Suit
• Trustee Seeks High Court Review Of Garment Antitrust Suit
• First Annapolis Takes $14M S&L Merger Ruling To High Court
• Iowa Court To Weigh Workers' Privacy In Open Records Suit
• Fed. Circ. Overturns $56M Light Patent Verdict Against Ford
• ACC Fights Court's Narrowing Of Attorney-Client Privilege
• 7th Circ. Affirms Bankers' OT Class Despite Dukes
• Case Study: In Re XMH Corp.
• Countrywide Fights Lower Fraud Bar In Insurer Suits
• Case Study: Wells Fargo V. Cherryland Mall
• Defining The Scope Of The Administrative Exemption
• Speeding Up USPTO Patent Appeals
• Fed. Circ. Frees DirectTV From $80M Pension Transfer Claim
• Stricter Rules Prevail In Attys' Fee Awards: 4th Circ.
• Group Can't Retee Enviro Claims In Parkland Suit: 6th Circ.
• Wis. Rule Shields Ladish Board From Damages: 7th Circ.
• Shareholder Asks 2nd Circ. To Renew Accounting Fraud Suit
• 2nd Circ. Boots RICO Claims Against Venezuelan Officials
• Banks' Actions Crippled Colo. Ski Resort, NY Judge Hears
• Artist Prince's Appropriation Not Fair Use, 2nd Circ. Hears
• 9th Circ. Should Block EPA's Nanosilver Approval: NRDC
• 1st Circ. Grounds Travel Co.'s Contract Coverage Claims
• $180M Deal Needs Deeper Scrutiny Under CAFA: Sirius Users
• Fed. Circ. Lifts Block On Generic Lovenox Sales
• 2nd Circ. Won't Take Chevron Off Ecuador's $18B Hook
• The Sentry That Guards Against The Tyranny Of Experts
• A Radical New View Of Restrictive Covenants In Ill.
• Aera To Face Punitive Damages Trial In Pollution Case
• 9th Circ. Won't Overturn Sanctions Against Ariz. Attorney
• Fitness Chain Can't Compel Worker Arbitration: 5th Circ.
• 4th Circ. Tosses Suit Over FDA-Approved Medtronic Device
• State Farm Wins Provider Reimbursement Fight In 11th Circ.
• NY Court Refuses To Expand Domino Sugar Landmark Site
• Texas Abortion Law Opponents Seek 5th Circ. Rehearing
• $3M Ruling Against Border Patrol Upended By Fed. Circ.
• Fed. Circ. Gives Roche 2nd Shot In Blood Test IP Fight
• 5th Circ. Routs Attack On Vitro Affiliates' Protection
• Biosimilars Law In Limbo
• Because Jurisprudence Is (Not) Forever
• The Nonoccurrence Of Greenhouse Gas Emissions
• High Court Won't Review Texas Contingent Fee Rule
• 2nd Circ. Sides With IRS In GE Tax Shelter Case
• Ill. State Trial Courts Ready For Their Close-Up
• Calif. Court Sides With Employer In Commission OT Appeal
• Calif. Court Reverses Tainted Onion Coverage Rulings
• Appellate Group Of The Year: WilmerHale
• Louboutin Presses 2nd Circ. To Reverse Red Sole Mark Ruling
• Convicted Ex-Taylor Bean Head Asks 4th Circ. For Retrial
• 3rd Circ. OKs Pa. Ban On Foreign Steel In Bridges
• Insurers Can Challenge Thorpe Reorganization: 9th Circ.
• 5th Circ. Nixes Suits Over Formaldehyde In FEMA Trailers
• FACTA Bars Partial Expiration Dates On Receipts: 3rd Circ.
• Judge Misread Seating Rule: BofA Tellers To 9th Circ.
• Obama Nominates 3 For 1st, 10th Circs., NJ District
• $420M Award To Travelers Survives Reinsurers' Appeal
• Fed. Circ. Backs Dow's $62M Verdict Over Plastic Patents
• Ky. Can't Force AT&T To Supply Competitors: 6th Circ.
• Generics Cos. Fight Lovenox Injunction In Fed. Circ.
• Jilted Developer's $2.5M Win Against Principal Scrapped
• NY Court Refuses To Relocate IBM Contamination Suits
• US V. Jones: Unanimous Ruling, Disagreeing Justices
• Insider Trading Rules Preempt Broker Appeal, 9th Circ. Hears
• Contractor Can't Collect Over Extortion Plot: 10th Circ.
• Kagan Recusal Arguments Nixed In High Court Health Fight
• FCA Suit Against Payroll Cos. Won't Get High Court Hearing
• FTC To Drop Antitrust Suit Over Lundbeck Heart Defect Drug
• Fed. Circ. Affirms Chemist's Win In LCD Patent Ownership Case
• Kimberly-Clark Can't Take Diaper IP Ruling To High Court
• Dish Fight Over HD Rules Stays Out Of Supreme Court
• High Court Won't Consider LA Grocery Employment Rule
• Mediator's Evidence Can Prove NLRB Wrong, DC Circ. Hears
• Debt Collection Suit Won't Get High Court Hearing
• Appellate Group Of The Year: Sidley Austin
• Infringers' Re-Exam Option Available But Limited: Attys
• Bayer Ducks High Court Review Of Suit Over Crawfish Crop
• Clarifying The Impact Of Nicastro
• Case Study: Kellar V. Summit Seating
• High Court Reins In Warrantless Tracking, But Narrowly
• US Slaughterhouse Law Preempts Calif. Ban: High Court
• Supreme Court Declines Venezuela Bond Appeal
• 7th Circ. Read Trade Law Too Narrowly In Potash Case: US
• 9th Circ. Backs EPA's Sulfur Dioxide Limits For Montana
• DC Circ. Won't Hear Challenge To Position Limits Rule
• Fed. Circ. To Probe When Intervening Rights Kick In
• Calif. High Court Revives Appeal Over Timesheet 'Rounding'
• Del. High Court Revives $882M Seafood Co. Sale Row
• 9th Circ. Cuts AIU From Seagate Coverage Dispute
• 11th Circ. Won't Rehear MIVA Shareholder Action
• 7th Circ. Revives General Growth Trust Mishandling Suit
• Mass. Court Must Hear Driver Classification Suit: 1st Circ.
• NYC Asks 2nd Circ. To Yank Judge From FDNY Hiring Case
• Ex-Abramoff Cohort Must Repay Victims $20M: DC Circ.
• Appellate Group Of The Year: Quinn Emanuel
• Dell, Buyers Must Arbitrate Defect Claims: 3rd Circ.
• Fed. Circ. Finds Dealertrack Patent Invalid Under Bilski
• 9th Circ. Affirms Class Denial In Countrywide Suit
• PIPE Funds Liable For Short-Swing Profits: 2nd Circ.
• EPA Used Old Data To OK Calif. Air Quality Plan: 9th Circ.
• High Court Asked To Weigh Texas Water Battle
• Texas Districting Plan Struck Down By Supreme Court
• The Difficulties Of Challenging An FTC Subpoena
• 2nd Circ. Won't Stop $18B Chevron Judgment
• Chrysler Owes Unemployment After Buyouts: Ind. Court
• No Attys' Fees From Bankrupt Insurer: Fla. High Court
• Attys Got Lion's Share Of HP Deal: Ink-Jet Class Members
• Ontario Appeals Court Finds Privacy Right In Common Law
• 10th Circ. Favors Time-On-Risk In Gel IP Coverage Row
• 7th Circ. Reverses Restitution Order In ABN Bribery Case
• 2nd Circ. Affirms Broker-Dealer's $1.6M Fraud Judgment
• 4th Circ. Upholds GSK Win In Vaccine Contract Suit
• Chinese Cos. Fight Antitrust Laws' Reach In High Court
• Fed. Circ. Awards Energy Cos. $10M In Waste Removal Row
• Appellate Group Of The Year: Gibson Dunn
• DC Circ. Grounds Antitrust Action Against United
• Case Study: Assured Guaranty V. JP Morgan
• Domain Name Collateral And Trademark Tangles
• High Court's Copyright Ruling Gives Congress Wide Leeway
• Calif. Appeals Court Gives Hospital Wage Suit Another Shot
• Wis. Court Overturns Asbestos Verdict Against Abex
• Comcast Seeks High Court Reversal Of Antitrust Class Cert.
• Employer's Union Aid Violates Bribery Law: 11th Circ.
• 2nd Circ. Gave Undue FLSA Deference: NYC To High Court
• Feds Push For 1st Circ. To Reopen FCA Suit Against Pfizer
• PE Firm Matlin Should Pay $17M To Brazilian Airline: LAN
• 2nd Circ. Asked To Remand $8.5M Countrywide Bonds Fight
• Idearc Investors Want High Court To Review Ch. 11 Plan
• Appellate Group Of The Year: Mayer Brown
• NY Appeals Court Rejects Precedent On Coverage Notices
• DC Circuit Won't Undo FERC's Cap On Rates
• 9th Circ. Will Rehear Real Estate Co.'s FOIA Suit
• Burden-Shifting Test Applies To FMLA: 6th Circ.
• Fed. Courts May Face TCPA Flood After High Court Ruling
• Limiting Liability For Replacement Parts
• High Court Won't Hear EchoStar's Appeal In NDS Dispute
• BAA Doesn't Block Puerto Rico Cement Laws: 1st Circ.
• Travelers Coverage Row Belongs In US Court, 7th Circ. Told
• High Court Mulls Immunity For Gov't-Hired Private Attys
• 2nd Circ. Quashes Savient Investor's Class Action
• Supreme Court Turns Down Website Jurisdiction Fight
• 3rd Circ. Backs NJ Town In Real Estate Payment Fracas
• Argentina Dodges Gas Co.'s $185M Arbitration Award
• 7th Circ. Asked To Revive Perkins, Aviall Benefits Case
• SC High Court Takes Up Conservation Suit Against Carnival
• 'South Park' Copyright Suit Nixed Too Early, 7th Circ. Hears
• 9th Circ. Calls For New Trial On Illegal Exports To China
• High Court Won't Hear Okla. City's Electricity Tying Case
• Atty's FCRA Suit Over PACER Receipt Heads To High Court
• High Court Won't Touch Tribal Lands Jurisdiction Ruling
• Supreme Court Lets 2 New Biz Owners Join Health Fight
• High Court Rejects Appeal In FINRA Immunity Case
• High Court Will Consider Jurisdiction For MSPB Appeals
• High Court Won't Weigh In On Applebee's Tip Pay Case
• Fiat Unit Asks DC Circ. To Nix NLRB's Health Plan Ruling
• Solicitor General To Weigh In On LA River Pollution Suit
• Supreme Court Seeks Gov't View In Argentine Bond Case
• Ex-Lawmaker's Corruption Appeal Rebuffed By High Court
• Case Study: Glenn V. Brumby
• State Law Split: Transactions Assigning Insurance Rights
• 8th Circ. Denies Ponzi Schemer Petters' Rehearing Bid
• 5th. Circ. Strikes Down Texas Cable Franchise Law
• Fed. Circ. Shuts Down Abbott Blood Test Patent Suit
• Supreme Court Won't Take Up Stanford Ponzi Case
• Wash. Gov., AGs Back Health Care Law In Supreme Court
• Fed. Circ. To Mull Limits To Patent Fraud Antitrust Claims
• Town Demands Toxic Water Defense Coverage In 7th Circ.
• Warrantless Va. Mine Safety Searches Were Legal: 4th Circ.
• Price Uniformity Not Required For Cert.: 7th Circ.
• Federal Workers Can't Get Free Bottled Water: DC Circ.
• 6th Circ. Sees No Fraud In Nationwide's Loan To Agent
• Merrill Lynch Brokers Argue Against Dukes Link In 7th Circ.
• DC Circ. Asked To Bar Entergy Units' Exit From Power Deal
• Cos. Not Liable For After-Sale Parts: Calif. High Court
• NY Appeals Panel Keeps Suit Over Zoning Alive
• Fanning 1st Amendment Rights For Religious Groups
• Your 15 Minutes: 5 Tips For Arguing In The Fed. Circ.
• Fed. Circ. Won't Let Bryan Cave Out Of AIA Patent Case
• 5th Circ. Snuffs Suit Over Civilian Driver Deaths In Iraq
• 9th Circ. Upholds Roscoe's Loss In ASCAP Copyright Spat
• 9th Circ. Upsets Aeropostale's IP Win Against Fabric Co.
• Ex-Chevron Exec Loses Stock Option Appeal In 4th Circ.
• Burden-Shifting Test OK For ADEA Cases: 9th Circ.
• 9th Circ. Decertifies Class In Honda Braking System Suit
• Developers Can't Regain Money After Failed $690M Deal
• 9th Circ. Backs Ore. Building Rule
• Playboy Wins Texas Appeals Row Over Licensing Deal
• Black River Gets $3M Award Tossed In Profit-Sharing Suit
• FedEx Drivers Are Employees, Not Contractors: Atty
• 'Mini-Madoff' Investors Ask 2nd. Circ. To Revive BofA Suit
• MGIC Execs Misled Investors, 7th Circ. Hears
• Addressing Emerging Issues In ATS Litigation
• Reaffirming Mandatory Arbitration Of Consumer Claims
• Case Study: US V. Bourke
• Md. Law Kills Some School Board Immunity Rights: 4th Circ.
• Supreme Court Mulls FMLA Self-Care Immunity For States
• High Court Weighs Language In Sea-Land Payout Case
• 9th Circ. Dings Christie's For Hanging On To Paintings
• 11th Circ. Nixes Suit Claiming BofA Aided Ponzi Scheme
• Texas Court Eases Checks On Structured Settlement Cos.
• 9th Circ. Lobs Burger King Spit Suit To Wash. High Court
• 2nd Circ. Nixes Ruling For Ex-Tyco Exec On Merger Bonus
• OCSLA Covers Onshore Injuries, Supreme Court Says
• High Court Upholds Ministerial Exception In Job Bias Cases
• Medtronic Asks Fed. Circ. To Nix Edwards' $74M IP Award
• 6th Circ. Bats Down Ohio Official's Double Jeopardy Claim
• Mid-Arbitration Is Not The Time For Complaints
• Challenging Pro-Business Decisions With Horton
• Battle Of The 'Experts': Daubert And Milward
• 4th Circ. Upholds W.Va. Surface Mining Rules
• States Challenge Medicaid Expansion In Supreme Court
• High Court Queries Attys On Unions' Fee Notice Obligations
• 5th Circ. Lifts Injunction On Texas Fetal Sonogram Law
• Artist Tells 2nd Circ. Usher Ripped Off Her Song
• FMLA Shields Pre-Eligible Leave Requests: 11th Circ.
• 1st Circ. Mulls Big Dig Relator's Retaliation Suit
• FCC Indecency Rule Divides High Court
• Calif. Court Kills Sierra Club's Bid For Vehicle Ban
• 2nd Circ. Scraps Refco Customers' Securities Fraud Suits
• Streck Scores 2nd Fed. Circ. Win In Hematology IP Fight
• High Court Bars Bivens Suit Against Private Prison Workers
• Case Study: MacPherson V. JPMorgan Chase
• Credit Repair Act Doesn't Assure Day In Court: Justices
• Questioning The Validity Of EPA's Enforcement Tool
• Wall Street Asks DC Circ. To Delay Position Limits
• High Court Weighs US' Claims Over IP Evidence Limits
• $31M Visa, MasterCard Deal To End Antitrust Suits Nixed
• Supreme Court Weighs Texas Redistricting Dispute
• Google Tells 7th Circ. To Zap Android Mark Appeal
• High Court Won't Hear Verizon Class Waiver Battle
• US Steel's Testimony Ruling Challenge Nixed By High Court
• 3rd Circ. Upholds Blocks On NJ Gift Card Transfer Law
• Radio Atty's Remark About Firings Not Defamatory: Court
• High Court Rips EPA In Homeowners' Wetlands Fight
• Nonprofit Defends Against Righthaven Appeal In 9th Circ.
• It Depends On The Meaning Of 'Or'
• Gen Re Pushes 2nd Circ. To Revive $72M Fraud Settlement
• Ex-Empyrean Exec Can't Appeal Fraud Ruling: 2nd Circ.
• Tribes' Oil, Gas Royalties Suit Not Time-Barred: Fed. Circ.
• Utah High Court Backs Unequal Coverage Split In IP Row
• No More Redevelopment Agencies In Calif.
• NCAA Policies Hurt Market Competition, 7th Circ. Hears
• High Court Nixes Deloitte's Appeal Over Fraud Suit Standing
• Fed. Circ. Upholds Life Tech Injunction In Cell Patent Row
• Blocked $97M Dole Judgment Won't Get High Court Hearing
• Atty Convicted For Refco Fraud Gets New Trial: 2nd Circ.
• Supreme Court Declines Bear Stearns Records Suit
• High Court's USPTO Evidence Ruling Could Sting Agencies
• Supreme Court's Title VII Tests Outdated: 7th Circ.
• Merrill Lynch Brokers Tell 7th Circ. Dukes Doesn't Apply
• High Court Review Sought In Suit Over Army Chopper Crash
• Psystar Takes Mac OS X Copyright Feud To High Court
• DOJ Mounts High Court Defense Of Health Care Reform
• Sirius Customers Ask 2nd Circ. To Kill $180M 'Coupon' Deal
• Syncora Fights Put-Back Ruling In Countrywide Case
• Debunking Class Certification Myths
• 7th Circ. Says Clock Ran Out On Title Co. Ponzi Suit
• NLRB Members Can Sit Twice On Same Case: 2nd Circ.
• 5th Circ. Revives Dyncorp FCA Retaliation Suit
• Case Study: GPX International Tire V. US
• 9th Circ. Seeks Calif. High Court's Take On $20M Dam Suit
• 9th Circ. Won't Alter $20M Google AdWords Settlement
• Asbestos Insurer Asks 3rd Circ. To Flip $1M Coverage Cap
• Court Blocks Sale Of Las Vegas Casino's $150M Senior Loan
• 3rd Circ. Affirms Ex-NJ Gov't Worker's Bribery Sentence
• Bipolar Atty Deserved To Be Fired: Appeals Court
• Madoff Feeder Fund Investors Can't Recoup Cash: Judge
• Patchak V. Salazar — An Important Fee-To-Trust Opinion
• Can You Go To Jail For Lying On Facebook?
• Fired Wyeth Employee Spoke Up Too Late: 2nd Circ.
• DOJ Asks DC Circ. To Nix Ex-Prosecutor's Probe Leak Suit
• 3rd Circ. Reverses Evidence Sanction In UPS Bias Suit
• Citizens United Coexists With State Law: Mont. High Court
• 11th Circ. Nixes Order Giving News-Journal Assets To Cox
• Cracker Barrel Seeks EEOC Suit Coverage In 6th Circ.
• Privacy Group Fights To See Google-NSA Communiques
• Mutual Contractors Can't Bring Labor Claims: Calif. Court
• Grant Thornton Can't Force Tax Atty Arbitration: Court
• Workers Urge Retroactive Ruling In Brinker Meal Break Case
• Pfizer Must Pay $45M In Menopause Drug Suits: Pa. Court
• 3rd Circ. Scraps Fraud Convictions Of Philly Official, Others
• Louboutin Can't Bar YSL From Selling Red Soles: Law Profs
• Primary Duty Under FLSA A Question Of Fact: 10th Circ.
• Planetarium Co. Can't Fight DOD Contract: Fed. Circ.
• Case Study: Home Paramount V. Shaffer
• Overhauling The Federal Jurisdictional Statutes
• Calif. Court Quashes AccentCare's Arbitration Mandate
• 9th Circ. Tosses Wal-Mart Managers' Bid For Class Cert.
• 9th Circ. Puts Lid On Actimmune Marketing Action
• 9th Circ. Favors Nevada In BofA Appeals Rulings
• Claims Adjusters' Calif. OT Row To Get Another Look
• 7th Circ. Cites Anna Nicole In Nixing Debtors' Appeals
• Pulte Subprime Lending Practice Suit Nixed By 9th Circ.
• Case Study: Goldman Sachs V. High River
• Fla. AG Wants State High Court To Rule On Robosigning
• 5th Circ. Shuts Down Insourcing Suit Against DOD
• 2nd Circ. Stamps Out Fire Loss Action Against Allstate
• Calif. Court Affirms Lease Renewal For Chevron Terminal
• Fed. Circ. Backs $5M Cordis Award In Stent Patent Suit
• DC Circ. Snuffs Out Suit Over FDA's Ear Candle Warnings
• Case Study: Damasco V. Clearwire