Appeals

News & Analysis as of

Federal Circuit Invalidates Another Diagnostic Patent

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., Slip Op. 2014-1139, 2014-114 (Fed. Cir. June 12, 2015), the U.S. Court of Appeals for the Federal Circuit held that Sequenom’s U.S. Patent No. 6,258,540 (the ‘540 Patent) was...more

USTA Aces Misclassification Case Before Second Circuit

With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s...more

California Supreme Court Grants Review in San Buenaventura Groundwater Pumping Fees Case

Appellate Court Decision Held that the Pumping Fee is Subject to Prop. 26 and is not a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down in March addressed whether or not...more

Third Circuit Court of Appeals Affirms That Pennsylvania Law Does Not Recognize Automatic “Equitable Extensions” of Oil and Gas...

On June 25, 2015, the United States Court of Appeals for the Third Circuit affirmed the District Court for the Middle District of Pennsylvania’s prior entry of summary judgment in favor of the lessor plaintiffs on the...more

Read Before Signing: Court Finds Fact-Intensive Gross Negligence Claims Should Proceed to Jury, Where Deviation from Industry...

In Jimenez, et al. v. 24 Hour Fitness, USA, Inc. (filed June 9, 2015, No. C071959), California’s Third Appellate District held that where fact-intensive gross negligence claims exist, especially with evidence of potential...more

Arbitration Fireworks: Three Federal Circuits Refuse To Compel Arbitration

Three federal appellate courts recently affirmed lower courts’ refusal to compel arbitration. These cases show that the federal policy favoring arbitration is not absolute – the parties must have agreed to arbitrate the...more

Eleventh Circuit: While FDCPA Applies to Litigation Activity, Higher Standard May Be Required to Establish Violation

On Tuesday, the Eleventh Circuit Court of Appeals expanded the scope of conduct that is actionable under the Fair Debt Collection Practices Act (“FDCPA”) to include communications directed to a debtor’s attorney. However, the...more

Third Circuit Expands FMLA Interpretation

In Deborah Hansler v. Lehigh Valley Hospital Network, the United States Court of Appeals for the Third Circuit overturned a motion to dismiss granted to Lehigh Valley based on FMLA regulations and its interpretation regarding...more

Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims

Defendants filed an emergency motion to stay the case pending an appeal of the PTAB's decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter...more

Eleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an...

On Monday, June 22, 2015, the Eleventh Circuit, in The Langdale Company v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14-12723 (11th Cir. 2015), ruled for the insurer on a “capacity” exclusion in a director...more

Deadlines for Pennsylvania Real Property Tax Appeals

In view of market conditions, now is a good time to review your company’s real estate portfolio to consider assessment appeals for tax year 2016. Deadlines for appeal in certain Pennsylvania counties follow:...more

Second Circuit Holds: You Can’t Always Get What You Want – As Long Your Employer Gives You What You Need (An Effective...

On May 21, 2015, the United States Court of Appeals for the Second Circuit, in Noll v. International Business Machines Corporation, Case No. 13-4096 (May 21, 2015), affirmed a decision by the Southern District of New York...more

Eighth Circuit Upholds Arbitration Agreement In Absence Of Actual Proof Of Unconscionability Due To Cost

The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal...more

Even Planned Surgery May Be “Unforeseeable” Under the FMLA

Employees seeking leave under the Family and Medical Leave Act are supposed to give 30 days’ notice if the need for leave is “foreseeable,” but what does “foreseeable” mean? Based on a recent 11th Circuit Court of Appeals...more

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

Third Circuit Approves Use Of Structured Dismissals Of Chapter 11 Bankruptcies, but Rarely

On May 21, 2015, the United States Court of Appeals for the Third Circuit approved the settlement and dismissal of chapter 11 bankruptcy cases through a structured dismissal in rare instances. See Official Committee of...more

U.S. Supreme Court Urges Resolution of Bankruptcy Disputes

The U.S. Supreme Court has provided new stimulus to the use of mediation in disputes over attorney fees in its June 15, 2015, decision in Baker Botts LLP v. Asarco. Baker Botts was employed by the bankruptcy debtor estate...more

Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit

When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class...more

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

Ninth Circuit expands bases to avoid direct industry payment of Clean Air Act “Nonattainment Fees” — adds San Joaquin Valley...

The Ninth Circuit Court of Appeals capped a saga of over seven years on June 18 by extending its March 11, 2015 ruling in support of alternatives to imposing hefty fees on individual companies which have complied with the...more

Eleventh Circuit Case Delivers Big Win for Contractors Seeking Insurance Coverage

The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those...more

Computer-Implemented Business Methods: Patentable?

In this Presentation: - Patentability of Computer-implemented Business Methods – A Recap - Research Affiliates v Commissioner of Patents - RPL Central v Commissioner of Patents - The Global Context:...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

Health Law Wire: Court Invalidates DOH Retroactive Clinic Rate Changes (6/15)

The Appellate Division Fourth Department recently invalidated DOH’s attempts to retroactively revise Diagnostic & Treatment Center (D&TC) rates and upheld statutory requirements for 30 day advance notice of capital rate...more

Despite 1st Administrative Appeal, CFPB Seeks Out Courts

On June 4, 2015, Consumer Financial Protection Bureau Director Richard Cordray issued a decision in the first appeal of a CFPB administrative proceeding. The appeal to Director Cordray followed the CFPB's first administrative...more

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