Appellate Courts
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US Seventh Circuit Rejects Federal Preemption Defense for Manufacturers of Paxil [Mason v. SmithKline Beecham Corp.]
Mayer Brown |
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Is Second Circuit Ruling a "Talisman" Against Alient Tort Statute Suits?
Steptoe & Johnson Please see our Hot Topics for more on this subject. |
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Second Circuit Decision Clarifies and Bolsters Arbitrators’ Authority [T. Co. Metals v. Dempsey Pipe & Supply]
Paul Hastings |
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Buyer Beware: Third Circuit Denies $15 Million Break-Up Fee for Failure to Meet O’Brien Standard [In re Reliant Energy]
Pepper Hamilton |
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Fourth Circuit Opens The Door To Repetitious Litigation Of Sarbanes-Oxley Whistleblower Claims [Stone v. Instrumentation Laboratory Co]
Seyfarth Shaw |
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Declining to Compel Arbitration on Public Policy Grounds: Thomas v. Carnival Corp.
ayer Brown |
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Cautious Optimism as Ninth Circuit Withdraws Xilinx Decision
Morgan Lewis |
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Third Circuit Says “Settlement Payment” Exemption Under Bankruptcy Code Section 546(e) Includes Private Company LBOs [In re Plassein Int’l, Corp]
Paul Weiss |
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False Patent Marking Statute Requires a per Article Penalty [The Forest Group, Inc. v. Bon Tool Co]
Sutherland Please see our Hot Topics for more on this subject. |
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Federal Circuit Changes Design Patent Invalidity Standards [International Seaway Trading Corp. v. Walgreens Corp]
K+L Gates |
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Federal Circuit Affirms $200 Million Patent Infringement Award [i4i Limited Partnership v. Microsoft Corp]
Morgan Lewis |
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Fifth Circuit Court of Appeals Issues Opinion Holding That Federal Law Trumps State Anti-Arbitration Insurance Statute [Safety National Casualty Corp]
Willkie Farr & Gallagher |
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Ignorance Is Not Bliss: Supervisors May Not Bury Their Heads in the Sand To Avoid Sexual Harassment Liability [Duch v. Jakubek]
Mintz Levin |
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In Gilley v. Atlantic Richfield, Ninth Circuit Reaffirms That Twombly Has Teeth
Bingham |
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Eighth Circuit Holds “Failure to Warn” Claims Against Generic Manufacturers Not Preempted by Federal Law [Mensing v Wyeth]
Mayer Brown |
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Federal Circuit Lowers the Bar for Determining Declaratory Judgment Jurisdiction in Patent Case [Hewlett-Packard Co. v. Acceleron]
Arnold & Porter |
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U.S. Court of Appeals for the Eighth Circuit: No Preemption for Generic Manufacturers, No Liability for Brand Name Manufacturers [Mensing v. Wyeth]
Kaye Scholer |
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Seventh Circuit Expands the "Based Upon" Exception to Jurisdiction in False Claims Act Lawsuits [Glaser v. Wound Care Consultants, Inc]
Jenner & Block |
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Separate Written Description? – Oral Arguments In En Banc Rehearing of Ariad v. Lilly
Kilpatrick Stockton |
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Federal Circuit Issues Another Writ of Mandamus Transferring a Patent Case Out of the Eastern District of Texas [In re Hoffmann-La Roche, Inc., et al]
Orrick |
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Second Circuit Clarifies the Standard for Establishing “Blurring”-Type Dilution under Federal Trademark Dilution Statute
Proskauer |
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Second Circuit Addresses Proof of Dilution Under Federal Trademark Dilution Revision Act [Starbucks Corp. v. Wolfe’s Borough Coffee, Inc]
Kaye Scholer |
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The Second Circuit Cautiously Expands Walker Process Standing in In re DDAVP
Paul Weiss |
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Starbucks grinds out partial victory on appeal in dilution by “blurring” trademark case [Starbucks Corporation v. Wolfe’s Borough Coffee, Inc]
Nixon Peabody |
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Fifth Circuit: Mccarran-Ferguson Act does not trump New York Convention[Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s, London]
DLA Piper |
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Eighth Circuit Rejects Innovator Liability Theory in Mensing v. Wyeth, Inc.
Mayer Brown |
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Levine Goes Generic: Eighth Circuit Weighs In on Preemption and Innovator Liability [Mensing v. Wyeth]
Faegre & Benson |
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Court of Appeals Upholds Cash Balance Plan's ERISA Section 204(h) Notice
McGuireWoods |
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Second Circuit Opens the Door to Expanded EEOC Subpoenas [EEOC v. UPS, Inc]
Seyfarth Shaw |
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Appeal From Reorganization Plan Order Not Moot Despite Lack of Stay Pending Appeal [In re Paige]
Schulte Roth & Zabel |
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Unsecured Creditors May Claim Post-Petition Attorneys’ Fees [Ogle v. Fidelity & Deposit Company of Maryland]
Mayer Brown |
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Appeals Court Rebuffs "Parasitic" Claim of Fraud Under the False Claims Act [United States ex rel. Ondis v. City of Woonsocket]
Wiley Rein |
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Federal Courts Conflicted on Climate Change Litigation
Sutherland Please see our Hot Topics for more on this subject. |
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Judge Posner: "Arising from" Is Not Literally "But for," Nor Is the Extended Reporting Period the Policy Period [James River Ins. Co. v. Kemper Casualty Ins]
Wiley Rein |
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Second Circuit Upholds CFTC Enforcement Action for Manipulative Trading of Electricity Contracts [DiPlacido]
Bracewell & Giuliani |
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Ninth Circuit Courts Reject Antitrust “Bundling” Claims In Two Recent Cases [ie Masimo v. Tyco Health Care Group, L.P. and Brantley v. NBC Universal, Inc]
Paul Weiss |
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Second Circuit Allows Post-Bankruptcy Legal Fees Based on Pre-Bankruptcy Indemnity Agreement [Ogle v. Fid. & Deposit Co. of Md]
Schulte Roth & Zabel |
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Ninth Circuit Ruling Leads to Spike in Class Actions Over Text Messages from Retailers [Satterfield v. Simon & Schuster, Inc]
Pillsbury |
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Decision by the United States Court of Appeals for the Second Circuit Allows High-Level Executive To Compete with Former Employer
Mintz Levin |
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Ninth Circuit Rejects Statistical Significance as Standard for Pleading Materiality [Siracusano v. Matrixx Initiatives, Inc]
Bingham |
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