Appellate Archive » April, 2010

Appellate - April, 2010

252 articles

• 5th Circ. Won't Deliver On UPS Drivers' Job Loss Appeal
• Qwest Fights Colo. Regulator's Win In FCC Rules Fight
• US Cos. Appeal Chinese Magnesite Price-Fixing Ruling
• 6th Circ. Backs La Quinta Franchise Authority
• 2nd Circ. Vacates Injunction On 'Catcher' Spinoff
• La. Appeals Court Orders Big Tobacco To Pay $241.5M
• Per Ricci, 2nd Circ. OKs Police Challenge To Race Order
• Insurers' State Court Cert. Bid Nixed In Hyundai Ad Suit
• Wachovia Fights Ruling Sending $9M CDS Feud To FINRA
• Lead Plaintiff Appeals Toss Of AIG Derivative Suit
• Customers Appeal Dismissal Of Duke Rebates Case
• Case Study: Berg & Berg Enterprises V. Boyle
• Hospital Can Sue Rival On Antitrust Grounds: 11th Circ.
• Intel Did Not Steal Silvaco's Trade Secrets: Court
• Fed. Circ. Nixes Oracle Win In Website Patent Suit
• EU High Court May Narrow Privilege For Cartel Probes
• $3M Verdict Upheld In Chevron Suit Over Faulty Bolts
• 2nd Circ. Urges En Banc 'Pay-For-Delay' Rehearing
• DC Circ. Axes 2nd Challenge To Dominion LNG Project
• German High Court Nixes Suit Over Google Thumbnails
• Senate Panel OKs Bills To Put Cameras In Courts
• Fed. Circ. Revives Light Fixture Patent Dispute
• CNet Founder Appeals $6.6M Award For Sotheby's
• Congress Aims To Roll Back Citizens United Ruling
• 6th Circ. Sets Guidelines For Waiving Right To Sue
• Rule 1:38 And Presumption Of Public Access To Records
• Allstate Challenges Wyeth Win In Ativan Coverage Suit
• Ricoh Still Wants Injunction After $14.5M Patent Win
• FDIC Gets OK To Dispose Of $1B In BofA Assets
• Fed. Circ. Upholds Invalidity Of J&J Concerta Patent
• Avid's Pet ID Patent Not Enforceable: Fed. Circ.
• Volvo Appeals Bar On Changing Retiree Benefits
• Mayer Brown Not Liable For Refco Fraud: 2nd Circ.
• 2nd Circ. Sides With Seinfeld In Cookbook Saga
• Case Study: Hogan V. Gray Gable
• Spansion Noteholders Appeal Plan Confirmation
• Dealers Claim Carco Judge Erred In Nixing Contracts
• High Court Hears Appeal Of Monsanto Alfalfa Ban
• 'Would You Rather?' May Be Protectable: 9th Circ.
• Vioxx Ruling A Boost For Securities Suits: Attys
• Court Keeps Chevron Refinery Expansion On Hold
• Wal-Mart Ruling Could Wreak Havoc On Employers
• LG Gets Appeal To Decide $50M Circuit City Question
• Navy Seaman's $5.6M Asbestos Award Overturned
• High Court Nixes Class Arbitration In Stolt-Nielsen Case
• Top 9th Circ. Judge Urges Courts To Allow Cameras
• Fed. Circ. Nixes $4.4M In Sanctions Against McDermott
• Aid-Ox Maker Wins Challenge To Product Delisting
• Enron Exec Loses Appeal In Insider Trading Case
• Insurer's Request For Appraisal Granted On Appeal
• Investors Seek To Revive Suit Against Fremont Execs
• How Stengart Changes Employees' E-Mail Privacy
• High Court Weighs Attorneys' Fees In ERISA Actions
• Appeal Lodged In Ohio Title Insurance Antitrust Action
• Justices Weigh Arbitrator Role In Unconscionability Test
• Arbitration Awards Not Always Final: Calif. High Court
• Natural Gas Antitrust Suit Preempted: Tenn. High Court
• Merrill Investor Appeals ARS Class Action Dismissal
• High Court Won't Reopen Cases For Asian Carp Fight
• Meisenheimer Ducks $1M In Sanctions In Secrets Suit
• Wal-Mart Sex Bias Class Action Gets 9th Circ.'s OK
• Fed. Circ. To Review Inequitable Conduct Standards
• 2nd Circ. Revives Bike Injury Suit Against Trek
• ThyssenKrupp Loses Appeal On Steel Duty Margins
• High Court To Rule On Summary Judgment Appeals
• La. Court Cuts Down Limits For Unfair Trade Plaintiffs
• WebMD Affiliates Fail In Appeal Over Fraud Coverage
• Class Cert. Stripped In Fla. Doctor Bonuses Suit
• Novell Appeals Tossed Microsoft Antitrust Claims
• Potash Co. Wins Land Use Appeal Against Devon
• Art Co. Appeals Federal's Win Over Anticipated Losses
• Fla. Court Revives Investors' Suit Over RIM Patent Deal
• Biamp Appeals $1M In Fees In ClearOne Secrets Suit
• Case Study: Princo Corp. V. ITC
• Appellate Judges Reveal Pet Peeves, Winning Strategies
• 10th Circ. Reverses Enviro Win In Rio Grande Water Suit
• Chin Wins Unanimous Senate Confirmation To 2nd Circ.
• Wal-Mart Medical Treatment Action Stayed For Appeal
• 2nd Circ. Deaf To Countrywide Remand Appeal
• Samsung Beats HDTV Class Action In 3rd Circ.
• Ashland Takes Morgan Stanley ARS Case To 2nd Circ.
• La. Appeals Court Vacates $35M Katrina Claims Deal
• Shell Union Spat Must Remain In Federal Court: 9th Circ.
• Watson Appeals Loss In Seasonique Spat With Teva
• 2nd Circ. Affirms Toss Of ERISA Suit Against Con Ed
• Vanaskie To Join 3rd Circ. After 8-Month Delay
• Monsanto Plants Final Brief In Supreme Court Case
• Enhanced Fee Awards Should Be Rare: Justices
• High Court Boosts Plan Administrators' ERISA Sway
• Apple Wins Bid To Transfer Monopoly Suit To Calif.
• 6th Circ. Affirms D&O Ban For Ex-MCA Financial CEO
• Implied License Stands In Architecture Spat: 1st Circ.
• Obama To Pick Top Court Nominee By End Of May
• Funk Legend Wins Remand Of UMG Royalty Spat
• Quanta Appeals $14.5M Hit In Disk Drive Patent Suit
• Fed. Circ. Remands $5M Patent Win For ILight
• Nike Golf Club Inventor Claims Putted Back Into Court
• 6th Circ. Won't Rehear Fortney Defect Coverage Suit
• High Court Strikes Down Animal Cruelty Video Law
• New Damages Trial Granted In Wal-Mart Medicine Suit
• A Lesson From Justice Scalia On Legislative History
• Brazilian Steel Cos. Appeal Loss In Price-Fixing Suit
• Thai Shrimp Import Duty Rate Not Realistic: Fed. Circ.
• High Court Hears Police Texting Privacy Case
• No Cert For Fresenius In Baxter Dialysis Patent Case
• DC Circ. Supports DOL's Amended OSHA Rules
• New Trial Ordered In BP Water Flow Negligence Suit
• High Court To Weigh Vehicle Deductions In Ch. 13
• Stakeholders Back LA In High Court Biosolids Case
• DC Circ. Affirms FERC Power Service Orders For Fla.
• Supreme Court To Hear Costco-Omega 1st-Sale Case
• Miss. High Court Revives State AWP Suit Against Bayer
• Mattel Still Owns Crash Dummies Marks: Fed. Circ.
• High Court Remands Class Action, Citing Shady Grove
• High Court Seeks SG's View On Act Of State Doctrine
• 3rd Circ. Upholds Dentsply Wins In Antitrust Cases
• Supreme Court To Hear 'Cat's Paw' Case
• Railroads Escape State Antitrust Claims In DC Circ.
• Justices Weigh Effect of Becker, Pearce In NLRB Case
• Drugstores Denied Injunction In Calif. Medicaid Suit
• 9th Circ. Nominee Faces Divided Senate Panel
• Cox Didn't Infringe Verizon Phone Patents: Fed. Circ.
• Rising Star: Williams & Connolly's Kannon Shanmugam
• Samsung Could Face Antitrust Claims Over DRAM Again
• Insurers Off Hook In Bug Repellent False Ad Suit
• Endorsing Gartenberg In Jones V. Harris Associates
• Fed. Circ. Rulings Offer Mixed Bag For Patent Owners
• Fed. Circ. Pick Offers Appellate Experience Beyond IP
• Ore. High Court OKs Firing Medical Marijuana User
• EU Court Says Dali's Family Can Collect Royalties
• Win For Reed Smith In Malpractice Suit Upheld
• Fed. Circ. Rules Use Code Off Limits In Prandin IP Case
• Rising Star: Bradley Arant's Kevin Newsom
• Pension Fund Seeks To Revive Amaranth Securities Suit
• 9th Circ. Affirms RadioShack Class Cert. In Wages Case
• 11th Circ. Revives Fla. Firefighters' Race Bias Suit
• Plaintiffs Try To Revive Butterball Don, Doff Case
• Corporate Involvement In Political Campaigns In SD
• NYC Fights Judge's Denial Of $575M WTC Settlement
• Ill. Patients Appeal Denied Antitrust Class Cert. Bid
• Calif. Water Board Decision On River Pollution Upheld
• Feds Agree To Stay Yucca Mountain Shutdown
• 10th Circ. Backs Fraud Judgment For Stock Promoter
• Side Effects Can Be Impairment Under ADA: 3rd Circ.
• DC Circ. Vacates FERC Ruling On Mo. Pipeline Rates
• Rising Star: Gibson Dunn's Matthew D. McGill
• New Standards For Equitable Mootness?
• American Home Appeals Fax Case Coverage Suit
• Fed. Circ. Axes $21M Patent Verdict Against Nintendo
• Rising Star: Jenner & Block's Elaine Goldenberg
• Tort Claimants Lose Challenge To GM Asset Sale
• SEC Appeals Toss Of ESSI Exec Backdating Suit
• Insurer Appeals Rejection Of Arbitration In Refund Suit
• In The Wake Of Citizens United
• Royal Indemnity Cleanup Coverage Suit Stayed
• K-Dur Direct Purchasers Appeal Antitrust Suit Ruling
• MIG Appeals Loss In Paul Weiss Malpractice Suit
• Touradji Freed Of Some Claims In Ownership Spat
• Fed. Circ. Affirms Broadcom Win In GPS Patent Spat
• Hedge Funds Pull Plug On $554M Argentina Bond Appeal
• 3rd Circ. Vacates Carpenter's $11M CERCLA Debt
• 'Fly' Bites Back In Brokerage News Copyright Spat
• Sprint Takes DBSD Plan Fight To 2nd Circ.
• Rising Star: Jenner & Block's Matthew Hellman
• No Luck For Nucor In Turkish Rebar Duty Appeal
• Recapture Rule Dooms 4 Claims Of MBO Syringe Patent
• 9th Circ. Turns To Texas Court On Insurer Bias Case
• Boston Sci Appeals Cordis Stent Patent Win
• Midwest To Appeal JPMorgan Insurance Antitrust Win
• Mead Appeals $14M Judgment In Formula False Ad Suit
• Signaling A Stricter Damages Standard In Fed. Circ.
• 11th Circ. Affirms $5M Ponzi Scheme Judgment
• Judge Trims $5.7B MBIA Swaps Case Against Merrill
• 9th Circ. Upholds Western Heritage Commission Victory
• Mass. High Court Clarifies Landlord Liability
• Rising Star: Akin Gump's Tom Goldstein
• €41M France Telecom Antitrust Fine Remanded
• Lesser-Known Stevens Rulings Changed Face Of Law
• Kagan, Wood Lead Field To Fill Stevens' Spot: Attys
• Ex-Law Clerks, Attorneys Salute Justice Stevens
• Justice John Paul Stevens Announces Retirement
• Senate Prepares For Battle To Replace Stevens
• Justice Stevens' Adieu Leaves Institutional Void
• Another Weapon In The Midsize Firm Arsenal
• 5th Circ. Nixes ESA Appeal Of Railway Permit
• 9th Circ. Affirms $1.7M Wishbone Verdict Against Sears
• Atty's Conflict Needn't Disqualify Firm: Calif. Court
• SC Fights To Revive Yucca Project In DC Circ.
• Wash. Firm To Face Trial Over Ex-Partner's Contract
• Aerospace Co. Appeals U. Chicago Sensor Patent Suit
• Net Neutrality Law After Comcast A Long Shot: Attys
• Rising Star: Sidley Austin's Robert Hochman
• Court Won't Alter Stay In Infineon Shareholder Case
• Fed. Circ. Upholds Icos' Ownership Of Cialis Patents
• Bioenvision Shareholder Suit Rightly Nixed: 2nd Circ.
• Avoiding Copyright Registration Lament
• Rising Star: WilmerHale's Mark Fleming
• Fed. Circ. Affirms Google Win In AdWords IP Suit
• 3rd Circ. Affirms Slimmer Case Against Ex-BMS Exec
• Daubert Should Come Before Class Cert.: 7th Circ.
• Investors Seek To Revive $1.5B Lehman Minibond Spat
• 8th Circ. Tosses American Express Franchisee Spat
• Judge Paves Way For Exxon To Appeal MTBE Verdict
• Fed. Circ. Upholds Corrosion-Resistant Steel Duties
• PNC Appeals BB&T Win In Spat Over $37M Loan
• Ex-Booz Allen Execs Fail In Bid For $60M From Sale
• Canada Can Be Sued Over Olympics Contract: DC Circ.
• Leahy Rebuts Calls To Put 9th Circ. Nominee On Ice
• Oakfabco Got Asbestos Liability In Boiler Buy: Court
• Mitsubishi Fights Bar On $5.5M Circuit City Claims
• Sears Prevails In Kmart Real Estate Securities Suit
• D&O Carriers, Don't Put Away Those Checkbooks Yet
• If I Were Obama, My Supreme Court Pick Would Be ...
• Industry Groups Challenge Final GHG Rulemaking
• NYRA Fights NYC Off-Track Betting's Ch. 9 Petition
• AstraZeneca Win In Seroquel Bellwether Affirmed
• Rising Star: Gibson Dunn's Thomas Dupree
• Apotex Asks DC Circ. To Stay Teva's Hyzaar Exclusivity
• FCC Can't Enforce Net Neutrality: DC Circ.
• 2nd Circ. Hears Case Over FINRA Fining Authority
• Sperm Bank Not Liable For 'Defective' Semen: 3rd Circ.
• $30.3M Award V. Asbestos Corp., Borg-Warner Upheld
• Insurers Must Cover Hyundai For Patent Suit: 9th Circ.
• Fed. Circ. Upholds Duties On Chinese Candle Imports
• 11th Circ. Affirms Dual Assignment Rule In OT Suit
• Gas Cos. Ask 10th Circ. To Shield Docs In Hot Fuel MDL
• Utilities Seek To Freeze Federal Nuclear Waste Fee
• The 2nd Circ. Stance On Tiffany V. EBay
• Rising Star: Morgan Lewis' R. Ted Cruz
• Fed. Circ. Hears Arguments In Rambus Patent Suits
• USAA Doesn't Owe Chevron Lawyer Indemnity: 5th Circ.
• Toy Train Maker Loses Appeal In Lead Coverage Suit
• High Court Denies Islanders' Nuclear Testing Claims
• Fed. Circ. Won't Revisit $5M Patent Award To SEB
• Ledbetter Saves Professor's Race, Origin Bias Claim
• Gartenberg Ruling Knocks Out Ameriprise Fee Case
• Fed. Circ. Bolsters Hearing Components' Audio IP Win
• Pa. Supreme Court Blocks Appeal In Prempro Case
• Venable Shot Down As Counsel For Unsecured Creditors
• DC Circ. Lets Calif. Truck Emissions Limit Stand
• Criminal Antitrust Practice And The 'Naked Agreement'
• Fed. Circ. Further Untangles HIF Bio Inventorship Fight
• Fed. Circ. Nixes Suit To Invalidate Kinetic Patents
• Fed. Circ. Rejects Microsoft's En Banc Bid Against I4i
• Chase Not Liable For Enron Filings: NY High Court
• Plaintiffs Take MEMC Securities Suit To 8th Circ.
• Marsh Fails In Effort To Stop State Bid-Rigging Suits
• EBay Didn't Infringe Tiffany Trademark: 2nd Circ.
• Visteon Retirees' Appeal For Benefits Falls Flat
• E-Trade $23M Contract Win Bests Deutsche Appeal
• La. Health Insurance Law Unconstitutional: 5th Circ.
• Alternative Fee And Billing Arrangements: A Primer