News & Analysis as of

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

High Court of Australia unanimously decides against extension of time

High Court of Australia unanimously decides against granting time extension to an abuse victim in a case of extraordinary delay. In Prince Alfred College Inc v ADC [2016] HCA 37, the High Court of Australia has...more

Can A Job Applicant File A Disparate Impact ADEA Claim? No—According to the Eleventh Circuit

Is there such a thing as a disparate impact age claim? The Eleventh circuit last week says not for people applying for a job. On October 5, 2016, the Eleventh Circuit Court of Appeals issued an opinion shutting down claims...more

The Eleventh Circuit has spoken: “Debtors who surrender property must get out of the creditor’s way”

In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure notwithstanding the...more

Federal Circuit Affirms Dismissal of Joint Infringement Allegations under Iqbal/Twombly Pleading Standard

On September 30, 2016, the Federal Circuit issued an opinion affirming the District Court for the Southern District of New York’s dismissal of the plaintiff ’s complaint under Fed. R. Civ. P. 12(b)(6) because the complaint...more

Data Breach Class Action Case Dismissed Against Barnes & Noble

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more

Final Judgment Prescribed For Antibody Patent After Double Patenting Decision

We previously wrote about Judge Wolf’s decision to invalidate Janssen Biotech, Inc.’s (“Janssen”) biopharmaceutical patent (U.S. Patent No. 6,284,471 (the “’471 Patent”)), based on the doctrine of obviousness-type double...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Stripped of Excess Verbiage, Claim Directed to Streaming Out-of-Region Media to Cell Phones in an Abstract Idea

In Affinity Labs of Texas, LLC v. DirecTV, LLC, [2015-1845, 2015-1846, 2015-1847, 2015-1848] (September 23, 2016), the Federal Circuit affirmed the dismissal of the Complaint for patent infringement for failure to state a...more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a...more

The ERISA Litigation Newsletter - September 2016

Editor's Overview - This month, we have re-published an interview of our colleague Seth Safra discussing the Department of Labor’s final regulation concerning fiduciaries and conflicts of interest. In this interview,...more

UPDATE: Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

Update: September 26, 2016 - On September 21, 2016, the Honorable George C. Hernandez, Jr. issued the final Statement of Decision, which affirmed the tentative decision denying all claims for relief. The court denied...more

Second Circuit Highlights Bank Regulators' Actions in Weighing Alien Tort Statute Claims

In Licci v. Lebanese Canadian Bank, the Second Circuit reaffirmed its prior rulings that international law does not recognize corporate liability for crimes under international law, and so dismissed claims by foreign...more

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in...

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of suffocation when he became engulfed in a grain receiving pit.  The employer’s extensive safety program had...more

Searching for Causation in ACTOS Complaint

How explicitly must a complaint sounding in antitrust allege causation? At oral argument last week, the Court of Appeals for the Second Circuit evaluated the sufficiency of the plaintiffs’ allegations that certain Takeda...more

Court Dismisses Challenge to New York Donor Disclosure Requirement

On August 29, 2016, the United States District Court for the Southern District of New York dismissed in its entirety a complaint against the New York Attorney General filed by Citizens United and Citizens United Foundation,...more

New True Lender Case Provides Support for the Bank Partnership Model

The court explicitly acknowledged that making it difficult for banks to assign or sell their commercial property to the secondary market impedes good public policy. On September 20, the U.S. District Court for the...more

Federal Circuit Patent Updates - September 2016

Dynamic 3D Geosolutions LLC v. Schlumberger Limited (No. 2015-1628, 9/12/16) (Lourie, Wallach, Hughes) - Lourie, J. Affirming disqualification of plaintiff's counsel and affirming dismissal of complaint. “We recognize...more

“Competent supervisor” obligation relates to competence in safety, not in performance management: OLRB dismisses OHSA retaliation...

A laid-off worker’s safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management’s assessment of his performance – not about safety....more

Copyright Claim against Beyoncé Gets Bounced in Scène à faire Tour de Force

R&B sensation Beyoncé can go back to promoting her album Lemonade now that a federal court held that a copyright claim against her was nothing but a lemon. While the decision may seem a bit tart to the plaintiff, it is a...more

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Eleventh Circuit Affirms Dismissal of RICO Claim in Hidden Fee Case

On September 2, 2016, the Eleventh Circuit affirmed dismissal of a civil RICO claim in Ray v. Spirit Airlines, Inc., a case that challenged Spirit Airlines’ reporting of fees to customers. The Eleventh Circuit’s affirmance...more

Real Property & Title Insurance Update: Weeks Ending September 2 & 9, 2016

REAL PROPERTY UPDATE: Foreclosure/Standing: where copy of note attached to foreclosure complaint contained no endorsement and original note presented at trial had endorsement in favor of plaintiff, plaintiff required to...more

Superior Court Judge Rules Connecticut Education System Unconstitutional

On Wednesday, September 7, 2016, Hartford Superior Court Judge Thomas G. Moukawsher ruled in the case of Connecticut Coalition for Justice in Education Funding v. Rell, x07 HHD 14-5037565-S, that the current Connecticut...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #3

C. In cases involving injuries caused by one player to another during a sporting event, there must be a deliberate intent to cause injury or reckless disregard for liability to be found. Henderson v. Canadian Hockey Assn...more

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