Appellate Courts
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IUE-CWA v. Visteon Corp. – Solidifying the Third Circuit’s Strict Constructionist Approach to Statutory Interpretation
Shearman & Sterling |
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Significant 2009-10 “Arbitrability” Cases in Federal Appellate Courts
Haynes and Boone |
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Second Circuit Holds That Equity Owners In Leveraged Lease Agreements Are Entitled To Assert Bankruptcy Claims For Tax Losses [In re: Delta Air Lines, Inc.]
Cleary Gottlieb |
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Second Circuit Rules Failure to Investigate Discrimination Complaint Not Adverse Employment Action [Fincher v. Depository Trust & Clearing Corp]
Jackson Lewis |
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Third Circuit: Courts (Not Arbitrators) Must Decide Whether Claims Should Be Arbitrated, on Individual or Class Basis [Puleo v. Chase Bank]
Pepper Hamilton |
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9th Circuit Significantly Revises Its Opinion in Hilton v. Hallmark Cards
Davis Wright Tremaine |
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Federal Appeals Court Strikes Down Key Anti-Dumping Regulation Used In Cases Involving Imports from China and Vietnam [Dorbest Limited v. United States]
Sidley Austin |
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Clinical Trials and Alien Tort Statute Jurisdiction [Abdullahi v. Pfizer]
Hogan & Hartson |
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Ninth Circuit Court of Appeals Upholds Certification of Nationwide Class in Dukes v. Wal-Mart Stores and Reverses Other Aspects of the Lower Court's Decision
Seyfarth Shaw Please see our Hot Topics for more on this subject. |
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Employee Demoted Following Maternity Leave Had No FMLA Claim, 11th Circuit Rules [Schaaf v. SmithKline Beecham Corp]
Jackson Lewis |
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Ninth Circuit Issues Two Religion Opinions
Sidley Austin |
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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 Please see our Hot Topics for more on this subject. |
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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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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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Federal Circuit Hears Oral Argument in Ariad Pharmaceuticals v. Eli Lilly
WilmerHale Please see our Hot Topics for more on this subject. |
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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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Separate Written Description? – Oral Arguments In En Banc Rehearing of Ariad v. Lilly
Kilpatrick Stockton Please see our Hot Topics for more on this subject. |
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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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