Collateral Estoppel

An arbitration award may not be the end of the road in patent disputes - Several cases serve as examples to the contrary

by William Needle | JAMS, The Resolution Experts on 5/9/2013

When a patent dispute goes to arbitration, there is the possibility that an outside party could try to influence the outcome by going to court. This may come as a surprise, given that Section 294 of the Patent Act specifies...more

Patent Watch: Aspex Eyewear, Inc. v. Zenni Optical, LLC

by Lawrence M. Sung | BakerHostetler on 4/24/2013

On April 19, 2013, in Aspex Eyewear, Inc. v. Zenni Optical, LLC, the U.S. Court of Appeals for the Federal Circuit (Newman,* Prost, Reyna) affirmed the district court's ruling that prior litigation collaterally estopped Aspex...more

Delaware Supreme Court Upholds Collateral Estoppel in Multiforum Litigation

by William M. Regan | Katten Muchin Rosenman LLP on 4/24/2013

The Delaware Supreme Court recently held that the dismissal of a shareholder derivative suit by a California federal court had a preclusive effect on a substantially similar suit pending in the Delaware Chancery Court against...more

Corporate and Financial Weekly Digest - April 19, 2013

by Katten Muchin Rosenman LLP on 4/22/2013

In this issue: - FINRA and ISG Extend Effective Date for Certain Electronic Blue Sheet Data Elements - NFA Amends FCM Capital Requirements for Forex Transactions with ECPs - Delaware Supreme Court Upholds...more

Delaware Supreme Court Says No To Botox And No To Multi-Forum Litigation: Court Dismisses Derivative Suit Against Botox-Maker...

by Kristen Bartlett, Lily Becker, Matthew Craner | Orrick - Securities Litigation and Regulatory... on 4/9/2013

In a recent decision, the Delaware Supreme Court reversed the Court of Chancery in Pyott, et al. v. Louisiana Mun. Police Emp. Ret. Sys., et al., holding that a derivative suit against Botox-maker Allergan, Inc. should be...more

Delaware Supreme Court Upholds Federalism, Comity & Finality

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

In Delaware Court of Chancery “Overrules” Federal Court, I discussed Vice Chancellor J. Travis Laster’s opinion in Louisiana Municipal Police Employees’ Retirement System v. Pyott, C.A. No. 5795-VCL (Del. Ch. June 11, 2012)....more

Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions

by Ann Ashton, Tanya Dmitronow, Ralph Ferrara, Sarah Gold, Gregg Mashberg, Jonathan Richman | Proskauer Rose LLP on 4/8/2013

The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that...more

Delaware Supreme Court Overrules the Delaware Court of Chancery's Decision in Pyott v. La. Municipal Police Employees' Retirement...

by Wilson Sonsini Goodrich & Rosati on 4/8/2013

On April 4, 2013, the Supreme Court of the State of Delaware in Pyott v. La. Municipal Police Employees' Retirement System reversed the trial court's opinion and held that a final judgment in a California federal court...more

Civil Action Challenging Termination Is Barred When Administrative Hearing Is Sufficiently Quasi-Judicial In Nature

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 12/24/2012

In Basurto v. Imperial Irrigation District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 8, 2012), a California court of appeal considered whether an employee terminated by a public irrigation district could seek civil...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Fall 2012 - Volume 10, Issue 4: Post-Grant Review: A...

by McDonnell Boehnen Hulbert & Berghoff LLP on 11/19/2012

The Leahy-Smith America Invents Act (AIA), signed into law in 2011, promises the most radical changes to U.S. patent law in over 50 years. The act eliminates the first-to-invent system of granting patents in favor of a...more

Arbitrator’s Decision Finding Just Cause For Discharge Dooms Subsequent Statutory Claims, District Of New Jersey Holds

by Christopher R. Coxson, Theresa Donahue Egler, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/15/2012

In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her...more

Revolution in Disputes Between Hospitals and Their Physicians?

by Kurt Melchior | Nossaman LLP on 8/24/2012

Originally published in the Daily Journal on August 24, 2012. A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen...more

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