News & Analysis as of

Appeals Abuse of Discretion

Chris Lazarini Examines Cause for Denial of Criminal Justice Act Funds

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which an indigent defendant sought to obtain Criminal Justice Act (CJA) funds to retain an expert. The court denied the defendant access to CJA funds because the...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In AdjustaCam v. Newegg, the Circuit reverses the denial of attorney fees where Judge Gilstrap simply adopted a pre-Octane Fitness determination by a prior judge, despite the Circuit’s post-Octane Fitness remand of the case...more

Weak Infringement Position Makes Troll-like Behavior Exceptional

In Adjustacam LLC v. Newegg, Inc., [2016-1882] (July 5, 2017) the Federal Circuit reversed the district court’s decision not to award attorneys’ fees to defendant after plaintiff voluntarily dismissing its complaint after a...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Federal Circuit Review | April 2017

by Knobbe Martens on

Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas....more

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

by Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

U.S. Supreme Court Clarifies the Extent of Judicial Review on Motions to Quash EEOC Subpoenas

by Wilson Elser on

On April 3, 2017, the United States Supreme Court in its decision on McLane Company, Inc. v. Equal Employment Opportunity Commission, No. 15-1248, U.S. Sup., ruled that a district court’s decision to quash or enforce an EEOC...more

Supreme Court Limits EEOC Subpoena Power

by Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Supreme Court Decides McLane Co., Inc. v. Equal Employment Opportunity Commission

by Faegre Baker Daniels on

On April 3. 2017, the U.S. Supreme Court decided McLane Co., Inc. v. Equal Employment Opportunity Commission, holding that a district court’s decision whether to enforce or quash an Equal Employment Opportunity Commission...more

Patent Owner Cannot Create New Claim Construction Issues After the Jury Verdict

In TVIIM, LLC v. McAfee, Inc., [2016-1562] (March 21, 2017), the Federal Circuit affirmed jury verdicts that U.S. Patent No. 6,889,168 was invalid and not infringed because substantial evidence supported the jury’s findings,...more

Power of the Subpoena: Will Nominee Gorsuch Limit Scope of EEOC Reach?

Just how broad is the EEOC’s subpoena power and are we likely to get some guidance soon? We’ve said before that the McLane v. EEOC case (which is about the EEOC’s subpoena power and is currently before the Supreme Court) is...more

CASE ALERT: 8th Circuit Rules Against Anheuser-Busch Plan Finding That ERISA-Plan Language Must Be Interpreted According to its...

by Kiesewetter Law Firm on

Case: Knowlton, et al. v. Anheuser-Busch Companies Pension Plan — Eighth Circuit Issue Presented: Whether a plan administrator’s interpretation of ERISA-subject plan language that resulted in a denial of pension...more

“Unfamiliarity” with Federal Court Practice Not Enough to Avoid Default

In United Construction Products, Inc., v. Tile Tech, Inc., [2016-1392] (December 15, 2016), the Federal Circuit affirmed default judgment against Tile Tech on claims of patent infringement and unfair competition because of...more

Evidence From LinkedIn, IMDB Used to Support Denial of Benefits

by Seyfarth Shaw LLP on

Be careful what you ask for. The Plaintiff in a recent case from the Central District of California learned that lesson when the Plan’s re-evaluation of her claim for benefits revealed that she was apparently working as a...more

Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases

This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more

Litigation Alert: Ninth Circuit Adopts Broader Octane Fitness Standard for Attorneys’ Fees Awards under the Lanham Act

by Fenwick & West LLP on

On October 24, 2016, the U.S. Court of Appeals for the Ninth Circuit after an en banc rehearing in Sunearth, Inc. v. Sun Earth Solar Power Co., LTD., adopted the Octane Fitness standard for determining whether a case is...more

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

by Snell & Wilmer on

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

In-House and Outside Counsel Disqualified and Complaint Dismissed Where In-House Counsel Played Significant Role in Preparing...

In Dynamic 3D Geosolutions LLC v. Schlumberger Ltd., Nos. 15-1628, -1629 (Fed. Cir. Sept. 12, 2016), the Federal Circuit affirmed the district court’s decision to disqualify Dynamic 3D’s counsel and dismiss its patent...more

The Degrees of Truth: When is Dismissal with Prejudice Warranted?

An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have...more

Florida’s Fifth District Allows Evidence of Prior Sinkhole Insurance Settlement in Subsequent Sinkhole Trial

In Tower Hill Signature Ins. v. Speck, 2016 Fla. App. LEXIS 12167 (Fla. Dist. Ct. App. 5th Dist. Aug. 12, 2016), the Fifth District found the trial court abused its discretion by not admitting into evidence the amount of a...more

MoFo IP Newsletter - August 2016

by Morrison & Foerster LLP on

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Lowndes Attorneys Obtain Favorable Rulings for Court-Appointed Receiver

Orlando, FL–Lowndes, Drosdick, Doster, Kantor & Reed, P.A. is pleased to announce that shareholder, Richard Dellinger, and appellate attorney, Jennifer R. Dixon, prevailed in defending a client appointed to serve as a...more

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Cybersecurity

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