The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
In Maso Cap. Invs. Ltd. v. E-House (China) Holdings Ltd., No. 22-355 (2d Cir. June 10, 2024), the United States Court of Appeals for the Second Circuit affirmed the district court’s dismissal of a putative securities-fraud...more
On September 4, 2024, Judge John Murphy of the U.S. District Court for the Eastern District of Pennsylvania dismissed on jurisdictional grounds the first post-Jarkesy constitutional challenge to FINRA’s disciplinary...more
On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more
On August 19, 2024, the United States Court of Appeals for the Second Circuit dismissed, on remand from the United States Supreme Court, putative class action claims brought under Section 10(b) of the Securities Exchange Act...more
On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more
The Federal Circuit dismissed an appeal from an inter partes review (“IPR”) final written decision for lack of standing where it found the appellant failed to provide evidence sufficient to show it suffered an injury in fact....more
Babcock New Haven, LLC v. Vaheed Teimouri and Teimouri & Associates, Fla. 5th DCA, 5D2023-1525, May 3, 2024 - This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure...more
A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision...more
The U.S. Court of Appeals for the D.C. Circuit recently dismissed a long-running dispute against Russia concerning the library of the Lubavitcher Rebbe (the Library), a collection of books and papers once held by the...more
A California federal court granted a motion to compel arbitration by retail franchisor Batteries Plus and its two executives, and dismissed a franchisee’s action alleging violations of the California Franchise Investment Law,...more
The U.S. Court of Appeals for the Third Circuit dismissed a petition filed by The Chemours Company FC, LLC (“Chemours”) challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of...more
The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell...more
Before Moore. Appeal from the Patent Trial and Appeal Board. Summary: Standing based on potential infringement liability requires concrete plans for future activity which will create a substantial risk of future infringement...more
The Federal Circuit dismissed an appeal of a final written decision in an IPR based on issue preclusion where a district court had dismissed a complaint finding the patent claims subject-matter ineligible. The patentee had...more
Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more
Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential...more
In Max Royal LLC v. Atieva, Inc., No. 23-16049, 2024 U.S. App. LEXIS 19910 (9th Cir. Aug. 8, 2024), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a securities class action brought by...more
The US Court of Appeals for the Federal Circuit vacated a ruling from the Trademark Trial & Appeal Board, disagreeing with the Board’s dismissal of Bureau National Interprofessionnel du Cognac’s opposition to a trademark...more
The US Court of Appeals for the Second Circuit upheld a federal district court’s dismissal of a case on res judicata grounds after a state court issued a decision on different claims but had concurrent jurisdiction over the...more
On August 8, 2024, the United States Court of Appeals for the Ninth Circuit affirmed United States District Judge Yvonne Gonzalez Rogers’s dismissal of a putative securities class action asserting claims under Sections 10(b)...more
On July 18, 2024, the U.S. District Court for the Southern District of New York dismissed most of the claims brought by the Securities and Exchange Commission (the “Commission”) against SolarWinds Corp. and its Chief...more
The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of two claims brought by distributors against the medical-device manufacturer Zimmer Biomet. It also affirmed a jury verdict in favor of the...more
A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to disabled workers, but not necessarily the accommodation favored by the employee. ...more