News & Analysis as of

Appeals Reversal

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

by Jones Day on

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

What Can We Infer From Chief Justice Karmeier’s Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we looked at what can be inferred from the patterns of Chief Justice Karmeier’s questions in civil cases between 2008 and 2016. This week, we look at the Chief Justice’s questioning in criminal cases. In Table...more

Key California Employment Law Cases: April 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

What Can We Infer When Chief Justice Karmeier Asks the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we began our analysis of the Chief Justice’s question patterns in civil cases from 2008 through 2016. Today, we address the Chief Justice’s patterns in criminal cases. When voting with the majority in an...more

What Can We Infer From Chief Justice Karmeier’s Question Patterns in Civil Cases?

by Sedgwick LLP on

For the past two weeks, we’ve been reviewing Justice Thomas’ question patterns in oral arguments since 2008, and whether it’s possible to infer his likely vote and whether he’s writing an opinion. This week, we turn to Chief...more

Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim

by Winstead PC on

In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March...more

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court retains jurisdiction...more

Pumping Up Exceptional Cases Under the Octane Fitness Standard

A flurry of activity from various courts this past week on “exceptional cases” under Section 285 of the Patent Act provided notable guidance for practitioners and patent owners, with a particular emphasis on the motivation...more

What Can We Infer When Justice Thomas Asks the First Question in a Criminal Case?

by Sedgwick LLP on

Yesterday, we analyzed whether it’s possible to infer Justice Thomas’ vote and whether or not he’s writing an opinion based upon the pattern of his questions in criminal cases. Today, we look at whether it’s more likely that...more

What Can We Infer From Justice Thomas’ Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we analyzed the pattern of Justice Thomas’ questions in oral arguments in civil cases. This week, we address Justice Thomas’ patterns in criminal cases. When Justice Thomas is in the majority, he questions the...more

Federal Circuit Concludes Differently on Two Exceptional Case Actions

by Brinks Gilson & Lione on

On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases. The two cases are Checkpoint Sys., Inc.,...more

A Criminal Defendant Cannot Forfeit Property He Never Received

by Ballard Spahr LLP on

On June 5th, the United States Supreme Court held in Honeycutt v. United States that a criminal defendant is not jointly and severally liable for property his co-conspirator derived from the crime, and that he only can be...more

What Can We Infer When Justice Thomas Asks the First Question in a Civil Case?

by Sedgwick LLP on

On June 6, 2017, we analyzed whether we can infer Justice Thomas’ votes and whether or not he’s writing an opinion based upon the pattern of his questions at oral arguments in civil cases. Today, we ask a different question...more

Denial of Attorneys’ Fees Reversed because District Court Conflated Rule and 35 USC 285

In Rothschild Connected Devices Innovations, LLC v. Guardian Protection Services, Inc., [2016-2521] (June 5, 2017), the Federal Circuit reversed and remanded the determination that Appellee Rothschild Connected Devices...more

Honeycutt v. United States: Mandated Criminal Asset Forfeiture Receives Clear Limitation — Joint and Several Forfeiture Liability...

by Carlton Fields on

Introduction - On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, No. 16-142, 581 U.S. ___ (2017), narrowing the scope of federal criminal asset forfeiture for drug...more

What Can We Infer From Justice Thomas’ Question Patterns in Civil Cases?

by Sedgwick LLP on

Last week, we completed our two-week examination of Justice Kilbride’s patterns in oral arguments for civil and criminal cases between 2008 and 2016. Today, we begin our examination of Justice Thomas’ patterns. In Table...more

In Brief: Court Rules Against Lyondell Litigation Trustee on LBO Fraudulent Conveyance Claims

by Jones Day on

In Weisfelner v. Blavatnik (In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company ("Lyondell") handed down a...more

Does your Dog Cook? Possible Stove-Maker Liability!

Woodland Hills personal injury attorney Barry P. Goldberg has seen almost every type and kind of injury and insurance claim. This one might top the charts! The California Court of Appeal has attempted to answer the following...more

What Can We Infer When Justice Kilbride Asks the First Question in Criminal Cases?

by Sedgwick LLP on

Yesterday, we analyzed whether it’s possible, based on all oral arguments in criminal cases between 2009 and 2016, to infer from watching Justice Kilbride’s question patterns in criminal cases how he’s voting, and whether...more

CAFC Finds ANDA Infringement Despite Differences Between FDA Labeling And Claim Language

by Foley & Lardner LLP on

In a non-precedential decision issued in Braintree Labs., Inc. v. Breckenridge Pharmaceutical, Inc., the Federal Circuit reversed the district court’s grant of summary judgment of noninfringement in favor of Breckenridge, and...more

What Can We Infer From Justice Kilbride’s Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we analyzed the pattern of Justice Kilbride’s questions in oral arguments in civil cases, asking whether it’s possible to infer who Justice Kilbride will vote for and whether or not he’s writing an opinion. This...more

Right for the Wrong Reason - Reversal Requires More Than Just an Error

by Carlton Fields on

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial...more

What Can We infer When Justice Kilbride Asks the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we asked whether we can infer anything about Justice Kilbride’s vote and whether he’s writing an opinion, based on the pattern of his questions in oral argument. Today, we ask a slightly different question – can...more

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