Appellate Archive » January, 2010

Appellate - January, 2010

248 articles

• 3rd Circ. Affirms Port Authority Pilots' FLSA Victory
• Calif. Court Revives Kaiser Autism Coverage Case
• Senate Advances 2 NC Judges For 4th Circ. Seats
• Calif. City Plastic Bag Ban Paused For Enviro Report
• Rec Groups Fight To Join Forest Service In Enviro Suit
• 3rd Circ. Sinks Ex-Health Net Atty's Defamation Suit
• Fla. Court Says Insurance Covers Nextel Junk Faxes
• Indie Rockers' Suit Over Rolling Stone Ad Not A Hit
• Why The 3rd Circ.'s Unisys Decision Defies ERISA
• 7th Circ. Remands Sprint Antitrust Texting Case
• 11th Circ. Nixes Action Over Katrina Gas Price-Gouging
• Alleged 'Patent Troll' Fights IP Victory For Cisco
• USPTO To Update Patent Term System After Ruling
• Big Apple Fund Gets Another Bite At Apple Inc.
• Fed. Circ. Rejects Lawler Bid to Nix Valve License
• Florida Condo Loses Appeal Of Adjuster Fee Ruling
• NH Can't Nab $110M Of Medical Fund: State High Court
• 1st Circ. Restores Artist's Rights Suit Against Museum
• Aerotel Appeals Loss In Phone Patent Spat V. T-Mobile
• Aviva Class Flays Objector To $570M Settlement
• Implications Of Quon V. Arch Wireless
• Citigroup Stock Plan Plaintiffs Appeal To 1st Circ.
• Obama, High Court Clash In Public
• Lawyer Fights Muzzle On 'Levinson Axelrod Sucks' Site
• Calif. Farms Take Smelt Ruling To 9th Circ.
• Ohio High Court Upholds Gas Fixed-Cost Increase
• Gas Cos. Lose Appeal Of FERC Pipeline Reduction
• 6th Circ. Revives Whirlpool Racial Harassment Claims
• Ex-Delta Worker Appeals Subordination Of ERISA Claim
• On The Horizon: A New Federal Circuit — Part II
• 9th Circ. Kills UFW Pesticide Case
• News-Press' Rights Trump Journalists': 9th Circ.
• Appeals Court Sides With Calif. County In Union Spat
• Sallie Mae Off Hook In Student Loan Class Action
• Bid-Rigging Conviction For E-Rate Fraud Upheld
• Actrade Settlement Nixed Over CEO's Alleged Pilfering
• Dell Appeals Nixed In Canadian Laptop Class Action
• 2nd Circ. Won't Revive Morgan Stanley Conflicts Suit
• 9th Circ. Revives Tribes' Effort To Halt Mining Project
• DBSD Accuses Dish Of Bad Faith In Bankruptcy Appeal
• 9th Circ. Won't Rethink Shell Price-Fixing Case
• Bausch & Lomb Appeals 'ReNu' Duty To Defend Loss
• Written Description: Not Co-Extensive With Enablement
• Tort Claims Allowed V. Dreyfus In $200M Fraud Case
• Fed. Circ. Finds Boehringer's Mirapex Patent Valid
• High Court Won't Hear '100% Healed' ADA Case
• Venali Prevails In Fax Patent Appeal V. J2 Unit
• NJ High Court Ditches Rule On Public-Interest Atty Fees
• Fed. Circ. Affirms Abbott Losses Over Test Strip Patents
• United Rentals Loses Preferential Transfer Appeal
• 7th Circ. Gives Shelter To Failed LearJet Class Suit
• Payless Drops Appeal Of $305M Adidas Trademark Win
• Swiss Re Unit Takes Legal Malpractice Case To 9th Circ.
• Insurer Off Hook In Calling Card Ad Spat V. TCI
• High Court Nixes NYC Suit Over Online Cigarette Taxes
• The Importance Of Janus V. First Derivative Traders
• High Court Won't Hear Inequitable Conduct Patent Feud
• Ga. Gas Tax Class Suit Nixed For Sovereign Immunity
• High Court Seeks US' Input On Credit Card Rate Hikes
• 2nd Circ. Decision Nixing Webcast Song Fees Stands
• Judge Affirms Dismissal Of $6M Claim In Oneida Ch. 11
• Lehman Fires Back In Metavante Swap Dispute
• Bayer Seeks Stay In Suit Over Pesticide Approval
• Fla. Police Lose Insurance Spat Over Trade Protests
• FERC Forced To Review Natural Gas Reporting Rule
• 16 States Support EPA In Endangerment Suit
• 11th Circ. Sides With AIG In $5M Fraud Loss Suit
• Ala. AG Loses Bid To Revive $275M AWP Cases
• Fed. Circ. Deals Blow To Takeda In Prevacid Battle
• Court Upholds Rejection Of Everglades-Area Mining
• Insurance Suit Against Milberg Back In District Court
• Answers To Bundled Discounts Issue Elusive
• NRDC Asks 9th Circ. To Block Shell Offshore Drilling
• New Trial Granted In Failed Startup's Contract Fight
• ILOR Appeals Attorneys' Fees In IP Spat With Google
• Liability Suit Over McDonald's Sandwich Revived
• Astra Fights Dismissal Of NYC Taxi Ad Antitrust Suit
• Rulings Underscore Need For E-Discovery Expertise
• Calif. Court Allows Steroid Class Action Against GNC
• Nationwide Class Nixed In AT&T Billing Suit
• German Courts Weigh In On Edwards' Patent Fight
• Algonquin Fund Gets New Shot At $7.6M Judgment
• Vulgarity No Excuse For Harassment: 11th Circ.
• Deposition OK'd In Union Carbide Mesothelioma Suit
• No Extra Severance For Ex-Mueller Group GC: 1st Circ.
• Movers Antitrust MDL Stayed For Immunity Appeal
• UK Appeals Court Orders BSkyB To Shrink ITV Stake
• Amway Sellers Appeal Denial Of Defense Coverage
• Allegheny Drilling Decision Appealed To 3rd Circ.
• 7th Circ. Backs National City Bank In Contract Spat
• Q&A With McGlinchey Stafford's Mike Rubin
• High Court Mulls Deference In ERISA Suits
• Pfizer Settles Zoloft Preemption Case
• House Panel Tackles American Needle V. NFL
• High Court Allows 2 Intervenors In Carolinas River Spat
• Cyrus Asks District Court To Undo Ion Restructuring
• Dura Buyer Can't End Contract With Supplier: Judge
• Judge Blocks University Of SC's Trademark Plans
• Class Decertification Stands In Pa. Neurontin Suit
• 11th Circ. Tosses Backdating Class Action V. Jabil
• Katten Lures Sonnenschein White Collar, Health Attys
• Fed. Circ. 4Q Rulings May Trigger More Suits
• Sewage Board Wants Back Into Katrina MDL
• LG Appeals Bar On Claims In Circuit City Ch. 11
• On The Horizon: A New Federal Circuit — Part I
• Justices Don't Tip Hand At Granite Rock Arguments
• Cargill Won't Get New Trial Against Ex-Employees
• Fed. Circ. Denies Chrysler Export Tax Refunds
• Shell Asks High Court To Annul Gas Franchise Ruling
• High Court Won't Take Up Norgren, SMC Patent Dispute
• High Court Denies States' Injunction Bid In Carp Spat
• High Court Turns Down Deere 401(k) Case
• Electric Cos. Lose Cert Bid In FERC Permit Spat
• 11th Circ. Affirms $88M For Arch Insurance In Bond Suit
• Determining Obviousness — Graham Plus KSR?
• Ala. Top Court Reverses Class Cert. In Duract Case
• Ex-Cravath Atty Guilty Of Rape Has Appeal Denied
• Supreme Court Declines To Hear QSI Payout Case
• Fed. Circ. Denies En Banc Hearing Over Judges' Pay
• Supreme Court Takes Up Monsanto Alfalfa Ban Appeal
• Holocaust Suits Against Insurer Preempted: 2nd Circ.
• Kelson Won't Get $15M Breakup Fee: 3rd Circ.
• Judge OKs Howmedica's Appeal Of Invalidity Ruling
• 9th Circ. Revives Charter Workers' Class Status Bid
• Court Won't Rethink Blocked Justice E-Mails To Massey
• NJ High Court OKs Post-Firing Retaliation Claim
• Attys Personally Liable In Dillard's TM Spat: 5th Circ.
• Neb. Town's Contract Suit V. Energy Co-Op Tossed
• Calif. Court Nixes $1M Fee Award In Employment Case
• Nothing New In Revised EPA NOx Guidelines: Navistar
• 1st Circ. Nixes Appeal Of Lennon-Ono Video Ruling
• Mass. Cities Defeat State EPA In Water Clash
• No Fraud In Arete $4.5M Securities Suit: 5th Circ.
• RJ Reynolds Didn't Violate Cartoon Ad Ban: Ohio Court
• ICC Continues Quest For Fraud Coverage In 2nd Circ.
• Law Against Ambulance Chasing Stands: DC Court
• 5th Circ. Affirms Bar On Stockbroker For Market Timing
• 3rd Circ. Flays Linerboard Atty Over Fee Demands
• Shell Gas Trader Off Hook In CFTC Manipulation Suit
• Review Of 2009 Antitrust Case Law
• 1st Circ. Leaves Cork In Mass. Small Winery Sales Law
• Court Probes FERC Termination Of Mass. Plant License
• General Tobacco Aims To Reignite Antitrust Suit
• NY Court Revives Loews Claim In Religious Bias Suit
• Q&A With Ruden McClosky's John Pelzer
• High Court Mulls Arguments In NFL Antitrust Case
• 9th Circ. Affirms CNA Settlement Over Long-Term Care
• KBC To Battle US Philips Over $2.6M Account
• High Court Says Mobile-Sierra Applies To 3rd Parties
• 2nd Circ. Revives Digital Music Suit Hit By Twombly
• Fed. Circ. Cuts Through DOE's 'Delays' Defense
• 9th Circ. Won't Revive Exxon, Shell Gas Pricing Suit
• US Fire Doesn't Owe MasTec Coverage: 11th Circ.
• Cheetah Fights Mitsubishi Victory In TV Patent Suit
• Understanding Mohawk Industries V. Carpenter
• 2nd Circ. Remands Love Funding Champerty Suit
• Travelers Wins Spat With Insured Over Policy Phrasing
• DC Circ. Hears Pipeline Rate Formula Arguments
• Barclays Off The Hook In $60M Mortgage Fraud Suit
• Dan Rather Fails To Bring Back $70M CBS Suit
• National Union D&O Defense Case Stayed For Appeal
• Facing Jail, WideBand Execs Appeal ClearOne Ban
• Q&A With Warner Norcross' John Bursch
• Alaska Loses Bid For Cert In Sovereign Immunity Case
• Fed Warns Of 'Stigma' In Appeal Over Bailout Docs
• High Court To Weigh NFL's Antitrust Status
• $6.6M Ariba Award Upheld In Software Patent Spat
• High Court Denies TRW Workers' ERISA Appeal
• New England Utilities Lose Cert Bid In FERC Spat
• High Court Rebuffs Boston Scientific Section 271(f) Suit
• Supreme Court Won't Take On Omnicef Patent Case
• 8th Circ. Affirms Call For Arbitration In PRM Patent Suit
• High Court Won't Hear Calif. Energy Crisis Appeal
• No Cert. For Waste Co. In Class Arbitration Dispute
• LLCs Are Citizens Of Main Business State: 4th Circ.
• Q&A With Kenyon & Kenyon's James Galbraith
• FuzzySharp Appeals 3-D Patent Invalidity Ruling
• Metavante Seeks Reversal In Lehman Swap Dispute
• McWane Off Hook In 5th Circ. Donning, Doffing Appeal
• Supreme Court Won't Hear Amway Antitrust Case
• High Court Seeks White House's View On Janus Suit
• EPA Drops Pennaco Mont. Water Standards Appeal
• Ex-Broadcom CFO Appeals $118M Backdating Deal
• Gearing Up For American Needle V. NFL
• Microsoft Presses Fed. Circ. To Rehear I4i Case
• DC Circ. Grills FCC In Comcast Net Neutrality Case
• Fed. Circ. Deals Finisar New Blow In DirecTV Case
• 5th Circ. Rejects Generic Preemption Argument
• 2nd Circ. Tosses Sanctions Against Cravath Attys.
• Hayes Lemmerz Appeals Ace Win In Insurance Spat
• 9th Circ. Denies Rehearing In CTI Contract Suit
• Feds Appeal Broadcom Dismissal, Drop Drug Charges
• Q&A With Hahn Loeser's Steven Mintz
• Shareholders Appeal NeuroMetrix Fraud Dismissal
• Deputizing Patent Marking Bounty Hunters
• Dentsply Class Action Over Cavitron Is Back On Track
• Putnam Mutual Funds Suit Precluded By SLUSA: Court
• Wyeth Scores In Patent Term Adjustment Spat With PTO
• Feesers Failed To Show Competitive Injury: 3rd Circ.
• Contingency Fees OK'd In Anaheim Hotel Tax Fight
• Commonwealth Appeals $3M Katrina Damage Ruling
• Georgia-Pacific Hammered In Wood Trim Warranty Suit
• Interpreting Oral Arguments In Ariad V. Eli Lilly
• Q&A With Thompson & Knight's Scott Stolley
• Key Issue In US Steel FLSA Case Goes To 7th Circ.
• DBSD Accuses Sprint Of Trying To Derail Ch. 11 Plan
• Ex-CEO Appeals $118M Broadcom Backdating Deal
• Ky. Sewer Settlement Remanded For Court Approval
• 8th Circ. Ships 3 Prempro Suits Back To State Court
• 9th Circ. Refuses To Certify Pet Food Class Action
• 9th Circ. Upholds Tyco Healthcare's Antitrust Win
• 4th Circ. Upholds Dismissal Of KBR False Claims Suit
• 7th Circ. Hands U. Of Wis. Victory In Licensing Fight
• 11th Circ. Hands Sprint Contract Case To Fla. Court
• 9th Circ. Nixes Denial Of ConocoPhillips FLSA Class
• Union Pacific Derailment Spat Not A Tort Case: 10th Circ.
• RU L%kin @ my txt msgs?
• Fed. Circ. Reverses CIT On Duties For Jug Wraps
• Q&A With Armstrong Teasdale's Thomas Weaver
• 4th Circ. Knocks Ladder Co. Down A Few Rungs
• 3rd Circ. Nixes $370M Bentley Fraud Accessory Suit
• 8th Circ. Denies W. Va. Baycol Plaintiffs Bid To Refile
• DC Circ. Readjusts Worker OT Suit In Win For Geico
• 9th Circ. Affirms $450M Award In Reinsurance Spat
• Baptist Health, Blue Cross Off Hook In Antitrust Suit
• Fed. Circ. Revives Philips Defibrillator Patent Suit
• Class Cert. Stands In DuPont Tainted Water Action
• 4th Circ. Sides With Bowles Rice In Malpractice Suit
• IndyMac Ex-CEO Fights For Chance To Appeal
• BNSF Slams WR Grace, Arrowood Insurance Settlement
• Pa. Appeals Court Upholds $1.5M Provera Verdict
• NY Appeals Court Reinstates Vacated Superfund Rules
• Bank Takes WexTrust Liquidation Beef To 2nd Circ.
• 9th Circ. Unplugs IPod Hearing Damage Class Action
• A Tale Of Two Microsoft Cases
• 2nd Circ. Turns To Mass. High Court In Derivative Suit
• Ex-Sonnenschein Atty Wins New Trial In Payment Spat
• SOX Gives Whistleblowers De Novo Review: 4th Circ.
• Airfield Cleanup To Cost Raytheon $3M: 10th Circ.
• 8th Circ. Reverses EPA Penalty Against Service Oil
• CBAs Can Exclude Donning, Doffing Pay: 4th Circ.
• 9th Circ. Slams Injunction Blocking Sunwest Lenders
• Rejecting 'Bundling' Claims In The 9th Circ.
• 3rd Circ. Kills WR Grace Bid To Bar Mont. Mine Claims
• 8th Circ. Shoots Down Qwest's Bid In Rate Fight
• Q&A With Patterson Belknap's Stephen Younger
• Judge Approves Metaldyne Asset Sale On Appeal
• Appellate Cases To Watch In 2010