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Appeals Public Interest

A&O Shearman

Federal Circuit Upholds Preliminary Injunction Barring Sale Of Cancer Test

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On July 12, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the U.S. District Court for the Middle District of North Carolina granting a preliminary injunction that barred...more

McDermott Will & Emery

Golden State of Mind: Anti-SLAPP Defense Versus Privacy Rights

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion to strike a putative class action suit brought under Section 425.16 of California’s anti-SLAPP statute, finding that the case fell...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: The Public Interest Impact – Considerations from AliveCor and Masimo

The year 2023 was marked by two landmark Commission determinations resulting in exclusion orders and cease and desist orders against a popular consumer wearable—the Apple Watch. both investigations focused on health...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The Public Interest Exemption to California’s Anti-SLAPP Law

This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more

Dickinson Wright

Issues Becoming Moot on Appeal

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Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more

McDermott Will & Emery

Things May Be Bigger in Texas, but Not More Convenient

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The US Court of Appeals for the Federal Circuit granted a mandamus petition after analyzing the Fifth Circuit’s public and private interest factors for transfer motions and ordered the US District Court for the Western...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeals) - August 29 - September 2, 2022

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The California Supreme Court issued the following decisions last week: Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

BCLP

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

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On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Mayborn Grp., Ltd. v. Int’l Trade Comm’n, 965 F.3d...

Mayborn petitioned the International Trade Commission to rescind a general exclusion order (GEO) after the complainants informed Mayborn that its self-anchoring beverage containers were potentially subject to the order. The...more

ArentFox Schiff

Anti-Slapp’s “Public Interest” Requirement in Patient Care Context: It’s Not Just What You Say

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On September 24, 2020, the California Court of Appeal shed additional light on meeting the public interest requirements in anti-SLAPP motions in its opinion of Murray v. Tran (Cal. Ct. App., Sept. 24, 2020, No. D076104). ...more

BCLP

Can an insolvent company enforce an adjudicator’s decision? Yes - in exceptional circumstances

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Are the regimes of construction adjudication and insolvency incompatible? Recent Court of Appeal authority suggested that they are, but in Meadowside Building Developments Ltd (In Liquidation) v 12-18 Hill Street Management...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

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The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Wilson Sonsini Goodrich & Rosati

Sixth Circuit Affirms Bankruptcy Courts’ Jurisdiction over Rejection of Energy Contracts, Subject to Certain Constraints

On December 12, 2019, a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the bankruptcy court in the bankruptcy proceedings of FirstEnergy Solutions Corp. (FES) has jurisdiction to decide whether...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

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The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

WilmerHale

SEC Holds Kokesh Does Not Impact FINRA Industry Bar

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On August 23, 2019, the Securities and Exchange Commission (SEC or Commission) held in In re John M.E. Saad that the US Supreme Court’s decision in Kokesh v. SEC had no impact on the Financial Industry Regulatory Authority’s...more

Barnea Jaffa Lande & Co.

Canceling Expropriation for Public Use – When?

In a recent judgement by the Supreme Court, the circumstances under which a court may intervene and cancel an action for expropriation were considered....more

McDermott Will & Emery

ITC Must Grant Relief Against Defaulting Respondents

Addressing an International Trade Commission (ITC) refusal to enter an exclusion order against defaulting respondents, the US Court of Appeals for the Federal Circuit reversed, holding that the ITC is required to grant relief...more

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

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The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

Franczek P.C.

IL Appellate Court Upholds School District’s Use of “Unduly Burdensome” FOIA Exemption for “Fishing Expedition” Request

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A recent Illinois Appellate Court decision provides welcome support to a school district or other public body faced with a Freedom of Information Act (FOIA) request that is more akin to a “fishing expedition” than a targeted...more

Perkins Coie

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

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The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Allen Matkins

Court Of Appeal Upholds Dismissal Of Purely Foreign Dispute

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Seven years ago, I wrote about California's "million dollar contract" statute - CCP § 410.40. That statute permits any person to maintain an action against a foreign corporation or nonresident person when the action arises...more

Dechert LLP

When whistleblowing is in the public interest… and it’s not just a question of numbers

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This update reports on the Court of Appeal’s judgment in Chesterton Global Limited and anor v Nurmohamed in which it considered the public interest requirement of the UK’s whistleblowing legislation....more

Proskauer - Employee Benefits & Executive...

No Emergency Injunction Appeal in Chamber’s Challenge to DOL Rule

On March 20, 2017, a federal court in the Northern District of Texas denied the U.S. Chamber of Commerce’s emergency motion for an injunction pending appeal challenging implementation of the Department’s conflict of interest...more

Seyfarth Shaw LLP

Texas Supreme Court Tosses Former Employee’s Defamation Suit Based on Matters of Public Concern Under the TCPA

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Seyfarth Synopsis: The Texas Supreme Court throws out a former employee’s defamation suit under the Texas Citizens Participation Act, finding that communications about his alleged failure to measure a petroleum storage tank...more

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