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Appeals › Judicial Estoppel

McDermott Will & Emery

Logic to Modify: Even Deceptive Intent Does Not Bar Inventorship Correction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a district court invalidity determination finding that judicial estoppel prevented a patent owner from relisting an inventor previously removed for strategic litigation...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2020 #3

Schwabe, Williamson & Wyatt PC on

PATENT CASE OF THE WEEK - Baxalta Inc. v. Genentech, Inc., Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) - In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware,...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face

Morrison & Foerster LLP - Federal Circuitry on

Last week the summer was winding down and the Federal Circuit was gearing up for its September argument session. But the Court still found time to hand down a number of decisions—17 in total. Below we provide our usual weekly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor - Summer 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Carlton Fields

Don't Estop Believin' - Courts May Save Your Judicial Estoppel Argument

Carlton Fields on

The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more

Perkins Coie

Debtor’s Failure to Disclose No Longer Deadly in Eleventh Circuit

Perkins Coie on

Employers and other defendants suffered a setback recently. Most large companies have been sued by an employee who failed to disclose the lawsuit or cause of action in their individual bankruptcy case. For many years, the...more

Bradley Arant Boult Cummings LLP

Topple of Estoppel? Eleventh Circuit Deals Blow to Bankruptcy Disclosure Defense in Discrimination Suit

Bradley Arant Boult Cummings LLP on

Employees who sue their employers must disclose that lawsuit if they file for bankruptcy—right? Maybe not. In Slater v. U.S. Steel Corp., the Eleventh Circuit overruled prior precedent and impaired a valuable defense for...more

Bradley Arant Boult Cummings LLP

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

Bradley Arant Boult Cummings LLP on

A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators,...more

Womble Bond Dickinson

The Thin Line Between Land Litigation and Land Use Controversies

Womble Bond Dickinson on

Frequently, land litigation—land boundary and ownership claims - is a controversy concerning the use of land. The recent case of Hedgepeth v. Parker’s Landing Property Owners Association, Inc. ___ N.C. App. ___ ___ S.E.2d...more

Butler Snow LLP

Inadvertence May Be Unavailing, Says the Fifth Circuit on Judicial Estoppel

Butler Snow LLP on

The Fifth Circuit became the second United States Court of Appeals to establish a three prong test for determining whether a bankrupt debtor should be judicially estopped from pursuing a cause of action that she failed to...more

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