The full Federal Circuit has refused to reconsider a panel’s decision upholding a Patent Trial and Appeal Board judgment against suture anchor maker Arthrex Inc. that triggered patent owner estoppel, blocking the company from obtaining future patents on those products, according to a short ruling Monday.
The Ninth Circuit on Friday kept in place a decision fining Wedbush Securities Inc. and suspending the investment firm’s president for a month for failing to report litigation and regulatory actions against the firm, affirming an earlier U.S. Securities and Exchange Commission ruling.
The U.S. Supreme Court heard oral arguments on Monday in the case of a Brazilian immigrant facing possible deportation because of the so-called stop-time rule, with his counsel facing a tough line of questioning over why served notices of appearance triggering the statute need to include time and place information.
A state judge cleared the way Friday for the demolition of a series of Philadelphia properties with rich histories if not protected historic status, as the court shot down a local preservation group’s many arguments for why the properties’ owner should not have been granted permits to proceed with redevelopment.
A customer of the defunct cryptocurrency exchange Cryptsy does not have to arbitrate his proposed class action against digital currency giant Coinbase Inc. alleging it helped Cryptsy’s CEO launder roughly $8 million in stolen customer funds, the Eleventh Circuit said Monday.
The Office of the Comptroller of the Currency on Monday threw its weight behind Bank of America in urging the Ninth Circuit to review a panel decision that found the National Bank Act does not preempt a California state escrow interest law, arguing that it’s the “rare case that justifies rehearing.”
O’Melveny & Myers LLP said Monday it has brought in Stanford law professor Jeffrey Fisher as special counsel to the firm's appellate practice, bolstering the O’Melveny ranks with one of the top names of the U.S. Supreme Court bar.
A Pennsylvania appeals court affirmed Monday a jury’s verdict in favor of an emergency room physician in a suit alleging negligent treatment of a teen suffering from shortness of breath who later died, saying a third amended complaint added new causes of action properly excluded by the trial judge.
The U.S. government agreed not to pursue an appeal of issues it lost in a Swiss insurer’s lawsuit over tax treaty benefits, while telling the D.C. Circuit on Monday that the insurer’s arguments for a $38.2 million tax refund were unpersuasive.
The Idaho Supreme Court has revived a suit accusing Wal-Mart Stores Inc. of being responsible for a woman’s slip-and-fall injury, saying the retailer is alleged to have unsupervised product kiosks known to leak water, a factual dispute that precludes dismissal at this stage of the case.
An Eighth Circuit panel on Friday affirmed the dismissal of a woman’s suit accusing Minnesota of violating the Fifth Amendment by not allowing smokers to pursue claims against Philip Morris for allegedly misleading consumers about the health risks of light cigarettes, agreeing her claims were precluded by an earlier state court suit.
Weyerhaeuser Co. and other forest land owners on Monday asked the U.S. Supreme Court to overturn a Fifth Circuit ruling upholding the U.S. Fish and Wildlife Service’s decision to declare 1,500 acres of private property in Louisiana as protected habitat for the endangered dusky gopher frog.
The U.S. Supreme Court on Monday asked the solicitor general for his take on a pending cert petition challenging the Federal Circuit’s application of a doctrine that bars a patent’s inventor who assigned his rights away from challenging its validity and the circuit's take on apportioned damages.
The Federal Circuit threw up new obstacles to getting patents invalidated under Alice and opened the door to possible appeals of Patent Trial and Appeal Board decisions to institute review of patents. Here's a roundup of the court's top rulings since January and their implications for intellectual property law.
The U.S. Supreme Court on Monday shot down a Puerto Rican telecommunications company’s attempt to revive its antitrust suit against a competitor alleging a scheme to keep it out of the pay-TV market, denying its request to hear the case.
The Flandreau Santee Sioux Tribe urged the Eighth Circuit on Friday to bar South Dakota from levying use tax on its casino’s amenities, saying the usual presumption against federal preemption did not apply to Native American law.
Four climate change activists charged with tampering with an Enbridge Inc. tar sands pipeline can present evidence at their trial that their actions were necessary to prevent environmental harm caused by fossil fuel use, a Minnesota appeals court said Monday in upholding a lower court ruling.
The Senate took a step toward confirming Schaerr Duncan LLP partner Stuart Kyle Duncan to the Fifth Circuit Court of Appeals on Monday after Republicans came together to advance his nomination.
The Sixth Circuit affirmed a decision to toss allegations that a Michigan health system fired a human resources representative because she complained about discrimination against black applicants, saying Monday the company had good reasons for denying these applicants and for firing her.
A Ninth Circuit panel on Friday denied Zappos.com’s bid for the court to reconsider its reversal of the company’s escape from consumer claims over a 2012 breach that affected 24 million shoppers, saying the customers had standing to sue when they filed their first complaint.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.
Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.
The U.S. Supreme Court is set to consider in Raymond J. Lucia v. SEC whether the U.S. Securities and Exchange Commission’s previous hiring of administrative law judges violated the Constitution. Let's look at two issues on the horizon if the answer is yes, says Daniel Walfish of Walfish & Fissell LLP.
Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.
Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.
The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.
Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.
How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.
While the justices' comments during oral argument in South Dakota v. Wayfair Tuesday indicate that the U.S. Supreme Court is divided about the appropriate response to the South Dakota law at the heart of this matter, a ruling to affirm the status quo and hold for the taxpayers would not be surprising, say attorneys with Alston & Bird LLP.
With its decision Monday in Spade v. Select Comfort Corp., the New Jersey Supreme Court proffered some much-needed clarity on the definition of “aggrieved consumer” in assessing liability under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, striking yet another blow to the law’s expansive reach, say attorneys with Dechert LLP.