Appellate Archive » December, 2012

Appellate - December, 2012

338 articles

• 9th Circ. Revives VeriFone Stock Inflation Suit
• 4th Circ. Strikes DOL Changes To Guest Worker Program
• Concepcion Doesn't Doom Limo Driver Class, Calif. Court Told
• Fifth Third Seeks High Court Review Of ERISA Action
• Fed. Circ. Sides With AT&T, Verizon In Caller ID Patent Row
• UBS Portfolio Manager Loses Severance Bid At 2nd Circ.
• Groups Defend 2-Step FLSA Cert. Process At 5th Circ.
• 3rd Circ. Says Prior Patent Deal Blocks Spansion's Apple Suit
• Gasket Co. Asks Justices To Hear Maritime Asbestos Case
• Pa. Court Says PECO Must Provide Proper Street Lighting
• 2nd Circ.'s Olin Ruling Could Prove Costly For Insurers
• 5th Circ. Says US Botched $43M Medicare Fraud Calculation
• Suit Over Farmers 'Short Rate' Policy Revived
• City Seals Can Be Trademarked, Houston Tells Fed. Circ.
• Contract Decides Time Bar On Mechanics' Liens: Pa. Court
• Fed. Circ. Affirms Disney's Rights To 'Pooh' Characters
• Collection Co. Takes Fight Over Harassment Suit To High Court
• 2nd Circ. Affirms $220M Madoff Trustee Deal With Levy Heirs
• French Bank Off Hook For Debt Buyer's Defense Costs
• Fla. Court Clears $15M Engle Win Against Lorillard
• Forever 21 Harassment Suit Sent To Arbitration
• 10th Circ. Won't Let Christian Cos. Duck Contraception Rule
• Texas High Court Nixes $4.7M Pipeline Contract Judgment
• Act Quickly To Preserve Bid Protest Rights
• Arlington V. FCC Should Clarify Agency Deference
• Rule 23 'Preliminary' Requirement As Seen By 7th Circ.
• NY Court Shuts Down Law School Job Data Dispute
• $125M Starwood Fraud Suit Belongs In Mexico, 7th Circ. Says
• Condo Buyers Can't Use ILSA To Void Purchase, 2nd Circ. Says
• 2nd Circ. Won't Revive Lehman Securities Fraud Suit
• Texas Court To Re-Examine Energy Co.'s Atty Privilege
• Calif. Appeals Court Revives Law Firm Fee-Splitting Dispute
• 'Elder Scrolls' Defect Case Canned By 11th Circ.
• GSK Tells 3rd Circ. Thalidomide Row Belongs In Fed. Court
• 6th Circ. OKs Verdict Against Ex-Delphi Exec In Fraud Case
• Cozen Says Judge Misapplied Philly Campaign Finance Law
• 10th Circ. Revives Thyssen Mine Collapse Coverage Suit
• 2nd Circ. Approves $180M Sirius XM Antitrust Settlement
• DC Circ. Won't Rehear Greenhouse Gas Endangerment Case
• 9th Circ. Revives $45M False Claims Suit Against Honeywell
• Pa. High Court Says SEPTA Can't Get Sovereign Immunity
• Houston Loses Bid To Revive Electricity Overbilling Suit
• Cigna Fights Class Cert. Over Autism Coverage At 3rd Circ.
• University Of Ariz. Backed By 9th Circ. In Ansel Adams IP Row
• 7th Circ. Snubs Sears' Bid To Reconsider Faulty-Washer Class
• NJ Appeals Court Overturns Denial Of Mayor's Pension Bid
• El Paso Can't Duck Takings Suit Over Flood
• 11th Circ. Says FDCPA Exempts Property Co.'s Water Shutoff
• S&P Investor Suit Over MBS Ratings Killed By 2nd Circ.
• 11th Circ. Provides Leverage On Warning Labels
• Beware Discovery In 3rd-Party Litigation Funding
• Landowners Challenge Eminent Domain In TransCanada Appeal
• 7th Circ. Says CERCLA Suit Against Enviro-Chem Can Proceed
• Insurers Tell 9th Circ. No Ad Injury In MGA's Bratz Fight
• Bork's Failed High Court Bid Reshaped Judicial Vetting
• Univision Dodges Dallas Attorney's Defamation Suit
• US Can Fine Union Pacific Over Smuggled Drugs, 8th Circ. Told
• 2nd Circ. Puts Olin Insurer On Hook For Plant's Enviro Harm
• Navigating The 546(e) Safe Harbor Provision
• Transocean Says BP Win Would Exhaust Its Spill Coverage
• 6th Circ. Shouldn't Review Cintas Sex Bias Ruling, EEOC Says
• AIA Rules Out All Private False Marking Cases: Fed. Circ.
• Dirty Double Entendre Can't Be Trademarked, Fed. Circ. Says
• NJ Court Clarifies Inquiry Duties For Construction Liens
• Bard Defends Fed. Circ. Ruling In Graft IP Case To High Court
• Barbara Walters Escapes Defamation Claims In 1st Circ.
• 2nd Circ. Upholds Cirrus' Win In Yankees Pitcher Crash Suit
• DC Circ. Shelves Contraception Suit To Await ACA Rule
• Juror Replacements Must Be On Record, Pa. High Court Says
• SemCrude Ruling Skirted Due Process, Oil Cos. Tell 3rd Circ.
• Calif. Property Owners Lose Ground — And 'Goodwill'
• DC Circ. Rebuffs NLRB, Says Calif. Paper's Firings Protected
• 1st Circ. Won't Review Citizens Financial Overtime Class
• FERC Can't Set Independent 'Station Power' Charges: DC Circ.
• Bid-Rig Claims Against Morton, Cargill Fall Short: 6th Circ.
• Lockheed Fights For Shooting Death Defense Costs In 3rd Circ.
• Implied Contract Unproven In Firing Suit, 10th Circ. Says
• Relators Ask 9th Circ. To Salvage Fannie, Freddie FCA Suit
• Texas Can Take Blocked Voter ID Law To High Court
• US Urges Fed. Circ. To Weigh Abstract Patents Individually
• Fed. Circ.'s Opportunity To Clarify 'Duty To Cooperate'
• Preserving Rule Of Reason Against 'Cost-Based' Challenge
• Calif. High Court's 2nd Stab At Henkel Could Help M&A
• SG Urges Justices To Reject Hatch-Waxman Safe Harbor Case
• 5th Circ. Upholds 7-Year Sentence In Dallas Bribery Scheme
• Fed. Circ. Junks Antitrust Claims In Slot Machine Suit
• Ore. Is 1st State To Adopt Fraud-On-The-Market Theory
• Mont. High Court Blocks Equal Benefits For Same-Sex Couples
• DC Circ. Upholds Ruling Against Hilton In ERISA Case
• Madoff Victim Blasts $220M Levy Settlement At 2nd Circ.
• Feds Seek Hard Time For Asbestos Fraudster At 2nd Circ.
• US Offshore Leasing Plan Fails Economic Test, DC Circ. Told
• Ex-NFL Player Urges High Court To Consider Benefits Spat
• Vt. High Court Upholds Electronic Search Limitations
• Miss. Gov. Asks 5th Circ. To Uphold Noneconomic Damages Cap
• Insurer Tells 3rd Circ. 'Kids For Cash' Facilities Not Covered
• Fired Public Worker Asks High Court To Review ADA's Scope
• Fed. Circ. Sends Chemical Duty Rate Back To Commerce
• Intel Prevails In Data Transmission IP Spat, Fed. Circ. Says
• DC Circ. Says Challenge To EPA Biofuel Rule Is Too Late
• NJ Appeals Court Backs TD Bank In $5.9M Loan Dispute
• Gas Interests Back Cabot In 3rd Circ. Pa. Lease Challenge
• DC Circ. Tells FCC To Grant VHF Channel Move Between States
• Rambus, PwC Off Hook In Securities Fraud Suit
• Calif. Court Brings Architects Back Into Condo Defect Case
• 1st Circ. Nixes Clothier's Win In Insurance Coverage Row
• 6th Circ. Finds Navistar Violated Benefits Agreement
• DC Circ. Orders NLRB To Revisit Offensive T-Shirt Ruling
• Texas High Court Takes Up Medicaid Reimbursement Dispute
• Texas High Court To Review Rancher's Fight With XTO
• Texas High Court Will Rehear Malpractice Damages Dispute
• Judge Set 'Impossible Standard' For In-House Attys, ACC Says
• Pa. Newspaper Can't Get Full Employee Termination Docs
• Coney Island Boardwalk Facelift Exempt From Enviro Review
• 2nd Circ. Sides With The Platters' Reed In Trademark Feud
• Olin Asks 2nd Circ. To Uphold $14M Award In Pollution Suits
• Dish's Ad-Skipping DVR Must Be Banned, Fox Tells 9th Circ.
• 4th Circ. Backs Massey Employee's Conviction Over Explosion
• Fla. Engle Tobacco Case Revived After Plaintiff's Death
• HSBC Won't Face $265M Suit Over Flatotel Fraud
• Fed. Circ. Upholds AstraZeneca's Crestor Patent
• Pa. Appeals Court Gives Thumbs Up To 700-Acre Development
• ISP Urges High Court Not To Review Patent Contract Case
• 1st Circ. Won't Rehear Meat Co.'s Case Over E. Coli Outbreak
• 5th Circ. Paves Way For Form Of Caller ID 'Spoofing'
• ACA Contraception Rule Brings Lawsuit Risk, DC Circ. Told
• Madoff Victims Lose Bid For Homeowners Policy Coverage
• Hostess Bakers Union Vows To Appeal Wind-Down Order
• Texas High Court Will Hear Russian Trade Secret Theft Case
• 3rd Circ. Lets Disabled Intervene In Pa. ADA Services Row
• 5th Circ. Lets Seacor Duck Deepwater Firefighting Suit
• The Cost Of Compliance: Breaking Seals In Dawn Raids
• Caronia And The 'New' 1st Amendment Safe Harbor
• Pfizer Loses Bid To Undo Retaliation Verdict In 2nd Circ.
• Oxford Appeal May Doom Class Arbitration For Workers
• NY High Court Allows Benefits For NYPD 9/11 Responders
• 5th Circ. Reverses Barclays Fee Award In Asarco Ch. 11 Case
• Ex-Primary Global Exec Asks 2nd Circ. To Toss Conviction
• Fed. Circ. Rules AIA False-Marking Provision Constitutional
• 4th Circ. Finds No Email Privacy Issue In Bribery Conviction
• The Impact Of US Lawsuits Against Non-US Banks
• Ousted ISC Exec Can't Use Broker's Client Data, Court Rules
• HHS Gets Deference In Medicaid Cut Reviews, 9th Circ. Says
• Fed. Circ. Switches Light-Bulb Patent Suit Back On
• BoNY Says Notices In $8M Bankruptcy Settlement Were Proper
• Pa. Consumer Law Doesn't Ensure Jury Trial, Court Says
• Brinker Revives Wage Action By Cell Tower Techs
• A Patentability Test For Computer-Implemented Inventions
• NY Localities Have Legal Right To Ban Fracking, NRDC Argues
• DOJ Wrongly Destroyed Privacy Suit Evidence, DC Circ. Told
• Landmark Class Action Case To Be Heard In Supreme Court
• The Scope Of Bankruptcy Court Power In Light Of Bellingham
• Philip Morris Case Gives Defendants Hope For Lower Damages
• Confusion Mounts Over NY Rent Rules In Stuy Town Fallout
• Boston Scientific Says 1st-To-File Rule Bars Kickback Suit
• Lucasfilm Gets Pregnancy Bias Verdict Thrown Out
• US, Nucor Urge Fed. Circ. To Back Duties On Indian Steel Co.
• ADA Bias Claim Not Preempted By LMRA, 6th Circ. Says
• 9th Circ. Asks Calif. Court If Stores Need Defibrillators
• Fed. Circ. Punts DC Airport Toll-Vs.-Tax Suit To 4th Circ.
• Pa. High Court Snubs Appeal Over Police Retiree Benefit Cuts
• Counterfeit Fendi Bag Seller Says Ripoffs Not Willful
• Kodak Tells Fed. Circ. Digital Camera Patent Is Valid
• Ambac, MBIA Seek Jury Trials In Credit Suisse Fraud Suits
• HuffPo Bloggers' Compensation Suit Falls In 2nd Circ.
• NJ Court Preserves Anesthesiologist Requirements
• SanDisk Founders Take Flash Drive Patent Case To High Court
• 5th Circ. Won't Apply E-Privacy Law To Cellphone Search
• NY Court Nixes Dakota's Bid To Dismiss Claims In Bias Suit
• NY High Court Denies Appeal Over $150M Casino Loan Buy
• United Asks High Court To Settle ADA Reassignment Row
• How Justices May Be Leaning In Amgen Argument
• A Novel Decision On Software Co-Owners' Copyright Rights
• Ill. Developers, Check Your IWOH Claim Risk
• Open Season On Rating Agencies?
• En Banc 9th Circ. Hints at Narrow Ruling On Loan Arbitration
• Gastar Says HCC, Axis Should Cover Mare Investment Suits
• Music Downloader Asks Justices To Review Damages Award
• Rakoff Ignored Contract Law In CDO Ruling, 2nd Circ. Told
• 2nd Circ. Says Interstate Must Defend Welding Co.
• Alliant Execs Who Left Aon Want NY Suit Sent Out West
• 3rd Circ. Broadens Crime Exception To Atty-Client Privilege
• Dog Rescue Group Can't Sue NYC For Damages, Top Court Says
• Supreme Court Asked To Weigh Nonparties' Ability To Appeal
• Real Estate Mogul Asks 2nd Circ. To Revive Citi Fraud Suit
• LSAT Prep Service Asks For New Trial In Trade Secrets Case
• GSK Asks Supreme Court To Weigh Double Avandia Damages
• Fed. Circ. Revives Nissim's Claim In DVD Filter Patent Deal
• Harvard Prof. To Argue That High Court Can't Review DOMA
• Carlyle, Extell Lose Bid To Quash $16M Condo Refund Order
• NJ Court Backs Award For Flight Union Over Legal Exposure
• BofA Experience-Based Pensions Flout ERISA, High Court Told
• NY Appeals Holds Investors Can't Claim Phony Madoff Gains
• Home Depot Can't Rush Appeal In $7B Card Fee Deal: 2nd Circ.
• 4th Circ. Says Hospital CEO's Forced Retirement Wasn't Bias
• Outdoor Ad Cos.' Digital Billboard Permits Killed
• MGA's $310M Bratz Win Time-Barred, Mattel Tells 9th Circ.
• CPSC Scraps Database Appeal, Leaving Gripes Unsettled
• KeyBank Case Could Gut Consumer, Employee Class Claims
• Patent Validity Issue Underpins High Court Pay-For-Delay Case
• EFF Urges Fed. Circ. To Rein In Abstract Patents
• High Court Nixes Suit Over Murdered Wrestler's Nude Photos
• Fraud Continues To Undermine Renewable Fuel Standard
• Fed. Circ. Nixes Invalidity Appeal In Gift Card IP Suit
• Generics Cos. Ask Fed. Circ. To Nix Pfizer's Lyrica Patent
• High Court Won't Review IP Deals' Validity Post-Bankruptcy
• Cabot Asks 3rd Circ. To Take Up Pa. Fracking Lease Rights
• Supreme Court Won't Weigh In On Private FLSA Settlement
• Property-Reporting Firms Not Liable For Flubs, 3rd Circ. Finds
• Oil Group Slams EPA Biofuel Mandates As 'Insane'
• 2nd Circ. Backs Another Eli Lilly Win In Zyprexa MDL
• MSPB Bias Appeals Go To District Court, High Court Rules
• 2nd Circ. Won't Revive Iconix Claims Over Merrill ARS
• AIG Says Reporter's Docs Push Threatens Government Deals
• NY Court Upholds Union Carbide's Asbestos Coverage Ruling
• High Court Won't Hear Costa Rican Utility $18M FCPA Appeal
• 9th Circ. Approves Facebook Settlement, But Who Benefits?
• 9th Circ.'s Take On A Recent Trend Of Enviro Groups
• 5th Circ. Says Greeks Sat On Paddle Trademark Case Too Long
• Fed. Circ. Won't Review Standard For 'Unreasonable' IP Cases
• Newspapers' Bid To Unseal Pa. Fracking Deal Revived
• High Court Takes Oxford Class Arbitration Appeal
• Film Producer Can't File Wage Claim, Calif. Court Says
• Fund Not Liable For $100M RE Project Guarantee, Court Says
• Auto-Owners Must Cover Junk-Fax Suit, Mich. Court Says
• Bayer Tells Fed. Circ. Patent Claim Faultily Constructed
• Fed. Circ. Orders Sanctions For 'Frivolous' Raylon IP Suit
• Insurer Says Chinese Drywall Coverage Row Belongs in Fla.
• Medline Workers Ask 9th Circ. For Class Cert. In Wage Case
• Supreme Court To Hear FTC Pay-For-Delay Antitrust Suit
• UBS Clients Tell 7th Circ. Tax Fraud Suit Wrongly Axed
• Wells Fargo Wins Round In Investor Arbitration Appeal
• High Court Enters Same-Sex Marriage Debate
• Comint Loses Appeal Of $500M DOD Contract In Fed. Circ.
• NJ Appeals Court Backs Gov.'s Veto Power
• Litgo Urges 3rd Circ.To Hold US Liable For Polluted Site
• USDA Can't Mandate Almond Processing, Growers Tell DC Circ.
• 5th Circ. Backs HHS Policy Restricting DSH Payments
• Another Pro-Arbitration Decision By The Supreme Court
• Circuits Split On Mooting: Supreme Court To Give Insight
• High Court Rulings Could Bring Big Change For Gay Marriage
• Free Speech Protects Unapproved Drug Marketing, 9th Circ. Told
• Competitors Can't Sue USPTO To Nix Patents, Fed. Circ. Rules
• US Bank Claims Dibs On Extended Stay's $100M Guaranty
• Helium Deal Not Breached In Plant Closure, Texas Court Says
• Polystyrene Conspiracy Claims Are Bogus, 1st Circ. Hears
• Picard Fights Efforts To Revive Picower Suits In 2nd Circ.
• NY Appeals Court Bars Intentionally Withheld Evidence
• Medicare Contractors Can Assess Overpayments, DC Circ. Hears
• 7th Circ. Eyes Confusion Issue In Lionsgate '50/50' Suit
• Patent Reissues Can't Undo Terminal Disclaimers: Fed. Circ.
• Oil Field Appraiser Can't Sink Securities Fraud Suit
• Continental On Hook For Technicolor Cleanup Court Costs Only
• Insurer Fires Back At MLB Club's 6th Circ. Fatality Appeal
• FTC Says Motorola Should Not Get Apple Ban In SEP Case
• 4th Circ. Kills Xe Whistleblowers' False Claims Suit
• 7th Circ. Keeps Northwestern Mutual Annuity Row in US Court
• DOL's Loan Officer Status Change Violates APA, DC Circ. Told
• Recent Life Sciences Patent Cases: Sound The Alarm?
• Top Mass. Court OKs Warrantless Searches Of Cell Call Lists
• Teamsters Tell DC Circ. DOT Eased Mexican Trucker Standards
• NJ High Court To Weigh Hospital Document Privacy Parameters
• Appellate MVP: Fish & Richardson's Jonathan Singer
• Arkin Appeals After Judge Restricts Access To Ex-Firm Funds
• Landmark 2nd Circ. Decision Means Victory For Pharm Cos.
• 2nd Circ. Grants Gupta Speedy Appeal
• TransCanada Eminent Domain Cases May Prompt Policy Reform
• Brinker Kills Class In RadioShack Meal Period Suit
• Developer Wants $10M Verdict In Mexico Hotel Dispute Tossed
• Citigroup Asks 2nd Circ. To Kill Opt-Out Securities Suits
• Utility Group Blasts EPA, Enviros' Power Plant Pollution Deal
• 4-Year Review Not Enough To Set All Rents, NY Court Finds
• KLB Industries Must Hand Financial Info To Union: DC Circ.
• Appellate MVP: Akin Gump's Patricia A. Millett
• NY Law Doesn't Block $70M BofA Fraud Suit: Concord Atty
• NJ Court Won't Let Construction Co. Duck Contractor Crash Suit
• DOJ Tells 2nd Circ. To Toss Music Exec's E-Book Appeal
• Mazda Crash Suit Belongs In Utah, Calif. Court Says
• 9th Circ. Won't Rehear Islamic Group's Gov't Spying Suit
• Bottler Asks DC Circ. To Crush Obama's Recess NLRB Picks
• HMOs Needn't Pay When 3rd-Party Cos. Fail, Aetna Tells Court
• Port Authority Beats Former Employee's Bias Suit
• Pa. High Court Rejects Sherwin-Williams Privilege Appeal
• SAExploration's GC Barred In Contract Suit, Texas Court Says
• DC Circ. Won't Rehear Tobacco Warning Label Case
• MTA Ordered To Pay $4.37M More For Railroad Property
• How Supreme Court Should Rule In Yums V. Nike
• Nuclear Safety Group Wants Vermont Yankee Shut Down
• Attaching A Copy Of Policy Upon Renewal: Insurers' Duty?
• 2nd Circ. Ruling Presents Risks For Drug Cos. In Litigation
• HuffPo Tells 2nd Circ. It Never Vowed To Stay Independent
• Iowa's Construction Insurance Ruling May Sway Other States
• Funeral Directors Urge 3rd Circ. To Reinstate Regulations
• Pfizer Tells 8th Circ. Generic Drug Injury Claims Fail
• Market Crash Doesn't Cut $40M Award In RE Row: Md. Court
• Argentina Needn't Post Deposit For Injunction Stay: 2nd Circ.
• Tragedy Prompts Top NY Court To Back Marine Insurance Bill
• LA, Enviros Spar Over CWA Permit Liability At High Court
• Appellate MVP: Latham & Watkins' Gregory Garre
• Fed. Circ. Revives Deere's Mower Patent Suit
• NJ Court Backs Nondisclosure Of Draft Hospital Report
• Only NY Agency Can Settle Rent Hike Suits, Atty Says
• Texas Cancer Center Not Immune From Lead Dust Liability
• 7th Circ. Yanks BNY Mellon Win In $312M Sentinel Claim Case
• HHS Defends Medicare Appeal Deadline Before High Court
• Samsung, Like Apple, Asks Fed. Circ. To Seal Info In IP Suit
• DC Circ. Denies Verizon's Appeal Of FCC Data-Roaming Rule
• 2nd Circ. Grants Gupta's Bail Bid
• Storage Tank Co. Fights Sanctions In Texas Fuel Spill Row
• Supreme Court Says Short-Term Flooding Amounts To Taking
• 9th Circ. Upholds $319M 'Millionaire' Verdict Against Disney
• A Troubling Trend For Personalized Medicine Patents
• 1st Circ. Set To Weigh In On FCA First-To-File Rule
• Ga. Supreme Court's Take On Waiver And Estoppel
• BofA Dodges Merrill Investors' MBS Actions In 2nd. Circ.
• Why The SEC's Position In Gabelli V. SEC Doesn't Hold Up
• Calif. Firing Motive Case Could Ease Burden On Plaintiffs
• Myriad Patent Case Tees Up 2 Key Issues For High Court
• High Court Weighs If Settlement Offer Can Moot FLSA Suit
• 2nd Circ. Shields Drugmakers From Gov't Marketing Probes
• Appellate MVP: Kirkland & Ellis' Christopher Landau
• KBR Tells 3rd Circ. It's Not Liable For Soldier's Death
• Spanair Crash Suit Belongs In US, 9th Circ. Hears
• 8th Circ. Revives Fuel Grade Case Against Gas Retailers
• Challenge To Airport Screening Measures Falls In 4th Circ.
• GCs Name Most Arrogant Law Firms
• 3rd Circ. Backs Fraudster's 20-Year Sentence For $930M Scam
• Hitachi's TV Tariff Appeal Rebuffed By High Court
• Pool Chemical Co.'s Duty Refund Bid Nixed By Supreme Court
• High Court Asks US To Weigh In On Ch. 7 Surcharge Question
• 5th Circ. Lets Liberty Off Hook In Drilling Coverage Suit
• High Court Won't Hear State Street Appeal Of GM ERISA Suit
• 7th Circ. Revives Saint-Gobain Retaliation Suit Again
• Supreme Court Won't Examine Fen-Phen Atty's Fraud Conviction
• Jury Should Decide Emulex Chip Infringement, Fed. Circ. Told
• 6th Circ. Nixes $457M MBS Suit Against Ratings Agencies
• Acosta V. Shell: An Expert's Study May Be Irrelevant
• When Bankruptcy Precludes Employment Claims