Appellate Archive » March, 2010

Appellate - March, 2010

276 articles

• Corrected: Sprint Nextel Loses Appeal On DBSD Claims
• 1st Circ. Affirms Toss Of Raytheon Copyright Suit
• Indonesia Wins 13-Year-Old Reinsurance Fraud Case
• Fed. Circ. Affirms Power-One Win In Converter IP Spat
• Door Reopens For Icahn In $700M WestPoint Sale
• County May Have Violated Pesticide Law: 2nd Circ.
• Calif. Court Hoses Pollution Suit Over PacifiCorp Dams
• Quon Shows Work Policies, Practices Must Line Up
• StarCaps And Lawful Consumable Products Laws
• 3rd Circ. Affirms Dismissal Of L'Oreal Lipstick Action
• High Court Puts Restrictions On Whistleblower Suits
• Jury Hands Win To Novell In Unix Copyright Battle
• Sandoz Seeks To Appeal Ruling In Effexor Spat
• High Court Backs Gartenberg In Mutual Fund Fee Fight
• E-Mail To Attys From Work Privileged: NJ High Court
• Does Next Justice Work Across Street From Obama?
• Trinidad Steel Dumping Suit Again Remanded To ITC
• Australian Creditors OK'd To Sue Over Lehman Losses
• Mid-Continent Insured Didn't Breach Pact: 11th Circ.
• Total SA's Liability For Erika Tanker Spill Upheld
• 9th Circ. Finds Discrimination V. Juror In Bias Trial
• US Steel Cos. Appeal Upholding Of Duties' Annulment
• Coleman Not Liable For Heater Deaths: 9th Circ.
• Justices Grill Attys In Foreign-Cubed Case
• Dismissal Of West Caribbean Crash Suit Upheld
• 11th Circ. Sides With BofA In Prime Broker Case
• 7th Circ. Sends Bayer HIV Claims To Taiwan
• Ex-WMI Exec Wins New Trial In Credit Agreement Spat
• Judge Rejects Dish, Sprint Challenges To DBSD Plan
• Fed. Circ. Refuses To Nix Bayer's Animal Drug IP Suit
• Wal-Mart Vendor Fails To Nix $24M Offset Over Venture
• Striking Out On Reasonable Royalty Damages Report
• Fed. Circ. Revives Enzo, Applera DNA Patent Case
• Charter Investor Cries Foul On Ch. 11 Deal With Allen
• Law Firm 'Sucks Site' Case Sent Back To State Court
• Punitive Damages Cut In DuPont Contamination Case
• Federated Not Liable For Gas Leak Coverage: 7th Circ.
• GE Appeals Arbitration In $3.8M Turbine Repair Spat
• Ariz. City Police Lose Don, Doff Appeal
• Fifth Third Bank SLUSA Fight Heads To High Court
• The Written Description Requirement: It's Still Here
• Agents Appeal Airline Price-Fixing Suit To High Court
• No CAFA Removal For Counterdefendants: 7th Circ.
• Fed. Circ. Upholds Illumina Win In DNA Patent Spat
• Greenwich Not Liable For Gas Well Blowout: 3rd Circ.
• Conoco FMLA Plaintiffs Appeal Loss To 9th Circ.
• El Paso Natural Gas To Appeal Uranium Cleanup Loss
• AstraZeneca OT Class Action Halted On Appeal
• Ebay Sellers Appeal Antitrust Class Action Dismissal
• BNY Gets Shot At Enforcing Arden Noncompete Deals
• UPS Store Franchisees Take Contract Suit To 9th Circ.
• 6th Circ. Kills Tyson's Bid To Decertify Don, Doff Class
• Stage-Setting For Circ Split: Generic Drug Preemption?
• Indian Tribe's Sawmill Must Comply With OSHA: 7th Circ.
• BenQ Seeks To Revive LCD Monitor Imports Duty Spat
• EEOC Appeals $4.5M Atty Fees In Harassment Suit
• Qui Tam Relator Barred From Suing Purdue: 4th Circ.
• Argentina Gives Hedge Funds Slip In Assets Battle
• Fed. Circ. Overturns $1.1M Pressure Products IP Win
• Rajaratnam Wins Stay On DOJ Wiretap Evidence
• Insurer Must Cover JPMorgan's $22.5M Enron Claims
• Axonyx Off Hook For Alzheimer's Drug Securities Suit
• Credit Suisse Ordered To Pay $354M Over ARS
• 10th Circ. Gives Cessna MDL Plaintiffs No Relief
• Mining Cos. Appeal Invalidation Of Army Corps Permit
• Design Patents Do Not Protect Functional Features
• Ohio High Court Upholds Employer Intentional Tort Law
• Q&A With Howard Rice's Jerry Falk
• ProtoStar Creditors Appeal $5M Satellite Sale Bonuses
• High Court Weighs Challenge To NLRB Authority
• 3rd Circ. Lifts Stay On FCC Cross-Ownership Rule
• Ariad Ruling Bolsters Written Description Requirement
• 9th Circ. Won't Revisit Paris Hilton Greeting Card Spat
• Ch. 13 Debtor Can Purge Student Loans: High Court
• Insurer Lodges Appeal In D&O Spat With Failed Bank
• Ch. 11 Barred Nutrition Bar Maker's Bonuses: Trustee
• 3rd Circ. Blocks Phila. News Lenders From Credit Bids
• $8M Enviro Negligence Suit Against Law Firm Revived
• Calif. Appeals Court Blocks Furlough Of Lawyers
• Wilkes-Barre Firefighters Keep $1M Pay Award
• Nortel Pensioners Appeal Stay Of $3B UK Suit
• Retirees Seek To Revive Philips ERISA Class Action
• Madoff Victims Take 'Net Equity' Ruling To 2nd Circ.
• Little Caesar's 'Hot-N-Ready' Mark Valid: 8th Circ.
• Fed. Circ. Reaffirms Written Description Doctrine
• Medical Providers Can't Arbitrate PPO Fight: 5th Circ.
• Insurer Told To Cover Hospital For Nurse's Murders
• High Court To Mull FLSA Coverage For Oral Complaints
• Biomet Off Hook For Elbow Fixator Claims
• Swiss Watchdog Tries To Revive $310M Swisscom Fine
• High Court Won't Hear Fraud Suit Against Nationwide
• Pepsi Pog Design Registration Invalid: EU Court
• City Scores Win In 1st Circ. On Police OT Exemption
• Predicting The Future Of Disposable Income?
• Ford Loses Appeal Bid In $2.6M Harbor Tax Suit
• High Court Keeps Locks Open As Asian Carp Advance
• Philly News Says Lenders' Group Acted As One Unit
• DC Circ. Backs Diesel Exhaust Mining Safety Rules
• Giovanni Appeals Coverage Denial In Labeling Suit
• Supreme Court Won't Hear Tenn. Fen-Phen Case
• Ashland Appeals Dismissal Of Oppenheimer ARS Suit
• Trademark Lessons From USC V. USC
• 7th Circ. Puts Sentinel Trustee Back On BoNY Warpath
• Visteon Retirees Ask To Stay Health Care Termination
• Fed Must Give Bloomberg, Fox Bailout Info: 2nd Circ.
• 9th Circ. Rejects En Banc Bid In $450M Superior Case
• Fla. Court Affirms $24.9M Verdict For Smoker's Estate
• IP Agreement With Spansion Can't Be Rejected: Apple
• Nonprofit Hospital Fails Tax Exemption Test: Court
• Understanding Best V. C&M Door Controls
• 7th Circ. Upholds UAW Win In Boeing Pension Spat
• Metavante, Lehman Settle $7M Claim Over Swap Deal
• Court Won't Refer Rothstein Claims To Ch. 11 Trustee
• High Court Ruling Could Spur Action On NLRB Vacancies
• Ecuadoreans Appeal Arbitration Move In Chevron Spat
• Football Helmet Maker Not Liable For Injury: 5th Circ.
• 9th Circ. Tosses Taser Wrongful Death Suit
• Dismissal Of FINRA Merger Class Actions Appealed
• Patent Damages Taking Center Stage At Fed. Circ.
• 2nd Circ. Seeks Input On Time Bars In Ephedra Case
• Delta Says Worker's $100M ERISA Claim Not Priority
• 11th Circ. OKs Trustee's Recovery Of Marathon Funds
• Court Tosses Fee Award In Insurance Arbitration Spat
• Brobeck Plan Trustee Can't Revive $4M Claim: Judge
• Implications Of Reed Elsevier V. Muchnick
• Lloyd's Must Cover Stanford Defense: 5th Circ.
• Inventor Tafas Seeks Fees In Suit Over USPTO Rules
• LA Asks High Court To Nix County's Biosolids Ban
• EEOC Loses Bid To Keep United ADA Suit In Calif.
• Atty Groups Ask Court To Clarify Induced Infringement
• Insurer Wins Katrina Business Loss Spat With Casino
• Ga. High Court Gives Go-Ahead To Southstar Billing Suit
• Korean Rubber Co. Loses Bid To Revive Antitrust Suit
• 5th Circ. Blocks Allsup's Workers From Joining OT Suit
• Lafarge Loses Appeal In $45M Katrina Coverage Battle
• ConocoPhillips Loses Fight Over Refinery Emissions
• SC High Court Reverses $18M Ford Crash Verdict
• Citizens United Says Protest Group Infringes Its Name
• Nintendo, Microsoft Didn't Infringe Joystick IP: Fed. Circ.
• Status Quo: The Section 502(2) Divide
• Petitioners Seek Early Remand For Foreign-Cubed Case
• $2M Atty Award Reversed In Nigeria Air Charter Case
• Travelers, Slugger Will Split Defense Tab: 6th Circ.
• Nortel Fights UK Fund Trustee's Bid To Sidestep Stay
• 3rd Circ. Revives Carpenter Bennett Malpractice Suit
• Cablevision, Comcast Lose Challenge To FCC Rule
• 3rd Circ. Allows Lay Testimony In FMLA Suits
• Sierra Club Wins Review Of SC Nuclear Waste Dump
• Insurer Must Pay A&F's Securities Defense: 6th Circ.
• Aetna Group Life Insurance Suit Stalls In 9th Circ.
• Citizens United: A Congressional Opportunity
• Both Sides' Summary Requests Nixed In Landfill Spat
• Metabolite, LabCorp Royalties Spat Sent To 10th Circ.
• American Signature Granted Injunction In Duties Spat
• W.Va. High Court Declines To Revisit Massey Ruling
• Decision Boosts Illustrations' Role In Patent Cases
• American Bridge Trustee Can Go After Ex-Receiver
• Fund Underwriter Execs Dodge Implied Statement Claim
• Calif. High Court Takes Personal Injury Award Case
• 5th Circ. To Hold On To Patent License Contract Suit
• Ford Correctly Classified Ex-Visteon Workers: 6th Circ.
• Calif. Court Sets Equitable Contribution Precedent
• Judge Queries Del. Court On Merrill Derivative Suit
• Dykema Bests Malpractice Suit Appeal
• 9th Circ. Revives Expert Testimony Against Howmedica
• Fed. Circ. Upholds $356M In Damages For Anchor
• 11th Circ. To Rehear Home Depot Sex Harassment Suit
• Microsoft Denied Willfulness Rehearing In I4i Patent Suit
• Grain Co. Loses Appeal Of $5M Claim Against Renew
• Citigroup Dodges Arbitration Over Swap Write-Down
• Case Study: Travelers Indemnity V. Dammann
• 9th Circ. Revives Gap False Advertising Suit
• Del. High Court Nixes Arbitration In Wharf Contract Spat
• General Medicine Tries Again For $376M Judgment
• 7th Circ. Hands Insurer Win In Cleanup Cost Fight
• Calif. Appeals Court Backs MDA Preemption Clause
• Office Depot, Epix Can Exit $70M Deal: 3rd Circ.
• 9th Circ. Nixes Mont. Forest Plan Over Bad Analysis
• Bid To Revive Omnicom Securities Class Action Nixed
• Function Doesn't Count For Design Patents: Fed. Circ.
• Corrected: $4M Mediated Settlement To Targus Upheld On Appeal
• Ambac Appeals Remaining Claims In Shareholder Suit
• EU High Court May Curb Scope Of DNA Patents
• Madoff Cash In/Cash Out Ruling Heads To 2nd Circ.
• $1M Trimmed From $4.8M Award Over Remicade Ads
• Fed. Circ. Affirms Invalidity Of Siemens Sensor Patent
• Supreme Court Rejects Fish Cos.' $45M Valdez Claim
• Wyo. High Court Says Powder River Plant Can Fire Up
• Commerce Blasts Stay On Taiwanese Steel Duty Suits
• The Supreme Court Stance On Hemi Group
• Lawyer Debt Advice Law Constitutional: High Court
• Texas Railway Tie Co. Cancer Case Gains New Life
• 10th Circ. Affirms NM Uranium Mining Permit
• Olin Not Liable For Paper Mill Cleanup: 4th Circ.
• Ajinomoto's Lysine Patents Invalid: Fed. Circ.
• High Court Lets Closure Of Air Pollution Loophole Stand
• High Court Asks Kagan For US View On KBR Suit
• Insurer Hits Roadblock In Sanford Coverage Case
• Trustee Appeals Bruno's Bankruptcy Sale Bonuses
• Supreme Court Narrows Scope Of Speedy Trial Act
• Inventor Retains Win In Suit Over Sulfur Test For Oil
• High Court Wants SG's Input On Cigna ERISA Appeal
• Lehman, Creditors Slam Minibond Appeal Effort
• 11th Circ. Upholds Dismissal Of Paxil Suicide Case
• Sheriff Deputy Cinches Cert. On Appeal In Wage Suit
• Supreme Court To Take On Federal Employee Privacy
• Supreme Court To Tackle Vaccine Injury Preemption
• High Court Dashes Commodity Pool Jurisdiction Appeal
• Supreme Court Rebuffs Saint-Gobain Fridge Patent Suit
• McGraw-Hill ERISA Plaintiffs Appeal Case Dismissal
• 10th Circ. Hands Win to Suncor In Pipeline Fight
• Petition Over BP Alaskan Oil Unit Denied
• Del. High Court Seeks Input On AIG Claims Against PwC
• Miracle-Gro Maker Off Hook For Trade Restraint Claims
• Fed. Circ. Asked To Revisit $5M Patent Award To SEB
• 9th Circ. Says No To Calif. Medicaid Cuts
• Title Insurers Allowed To Appeal Price-Fixing Ruling
• Exxon Solely Liable For Gas Station Cleanup: 9th Circ.
• Insurers Resolve Lifeline Coverage Dispute In 6th Circ.
• Case Study: Penzer V. Transportation Insurance
• Federal-Mogul Appeals Toss Of Asbestos Claims Suit
• CBS Rips Waste Co.'s Efforts To Elicit Cleanup Funds
• BLM Must Issue Final Decision In Drilling Spat: 10th Circ.
• 9th Circ. Affirms AT&T Competitor-Rate Decision
• Fed. Circ. Upholds Dish Sanctions In DVR Patent Suit
• Ex-Reed Smith Attorney's Disability Suit Revived
• Redefining Induced Infringement Liability
• 6th Circ. Affirms Toss Of Leak Suit Against Rack Makers
• 2nd Circ. Cuts Off Merrill Lynch Wire Transfer Case
• Ohio EPA Appeals CAA Violation Ruling
• 8th Circ. Upholds Another Dismissal In Baycol MDL
• Northland Bests Chicago Title In Coverage Appeal
• Ford Takes NAFTA Duty Refund Suit To Fed. Circ.
• No Mandamus For Whirlpool In LG Dryer Spat: 7th Circ.
• Brokers Can't Lie To Insurance Cos.: Appeals Court
• 9th Circ. Revives Lojack Car Alarm Installers' OT Action
• Pfizer Spits Out Class Cert. In Listerine Ad Suit
• 3rd Circ. Tosses E-Filing Fee Suit Against Tax Cos.
• Can We Expect Changes At The Supreme Court?
• UN Immune From Sex Bias, Retaliation Suit: 2nd Circ.
• Utilities' Pay Records Are Proprietary Info: Fla. Court
• ASCAP Fights For Online Music Fees Before 2nd Circ.
• Boston Scientific Cross-Appeals Stent Patent Ruling
• Fed. Circ. Sides With Atty In IP Legal Malpractice Suit
• Roberts Allows DC Gay Marriage Law To Take Effect
• US Shrimpers Lose Appeal Of Thai Shrimp Duties
• 9th Circ. Stands By Nixing Of $32M BPA, Alcoa Contract
• High Court Revives $18M Reed Elsevier Copyright Case
• DC Circ. Boosts Teva In Row With FDA Over Merck Drugs
• Memorabilia Sports Card Patents Obvious: Fed Circ.
• Law Firms Appeal Fees Awards In Bar Prep Case
• False Claims Allegations Revived In Laidlaw Bus Suit
• 3rd Circ. Remands Firemen Race Bias Suit Due To Ricci
• Full 5th Circ. To Hear Katrina Public Nuisance Case
• 1st Circ. Clears Up Arbitration Stay Procedure
• High Court Limits PMPA Claims From Station Owners
• County Shielded From Retaliation Suit: Va. Court
• $6M Oneida Ch. 11 Claim Spat Heads To 2nd Circ.
• Jilted Health Co. Investors' Insurance Claim Rejected
• Ice Cartel Whistleblower's Mandamus Request Denied
• New Trial Ordered In Comaper Computer Patent Spat
• Plaintiffs Appeal Dismissal Of ARS Antitrust Class Suits
• Justices Skeptical About Skilling Conviction
• 2nd Circ. Revives Power Co.'s Hudson Cleanup Suit
• Supreme Court Won't Tackle MGE Gas Tax Fight
• High Court Rejects Argentine Attachment Appeal
• No FERC Appeal For Pipeline Rate Contract: DC Circ.
• 5th Circ. Upholds Toss Of Dollar General Sex Bias Suit
• DC Circ. Won't Look At NM Oil Competition Claims
• ITC Seeks Immunity From Stay In Spansion Ch. 11
• Ford Seeks Appeal In $2.6M Export Tax Refund Feud
• EPA Ducks Liability In Farm Sludge Whistleblower Suit
• Fed. Circ. Hands Sculptor Win In Stamp Copyright Spat
• 5th Circ. Sides With Insurer In Legal Malpractice Spat
• The Art Of Writing License Invitation Letters
• AD-II Escapes SRAM's Bicycle Gear Shift Patent Suit