What is at will employment law?
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
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On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s...more
A Superior Court judgment is upheld by the Court of Appeal. The unsuccessful party then moves to re-open the case and introduce new evidence in light of having discovered new facts. Should the motion in this respect be...more
An Indiana gambler lost another hand in the latest ruling by the Tax Court on his continuing discovery disputes with the Indiana Department of Revenue. On September 18th the Court denied Nick Popovich’s motion for default...more
Troy v. Samson Mfg. Corp. -
Addressing the scope of permissible new issues and evidence admissible in 35 U.S.C. § 146 district court proceedings, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a...more
Carl McIntyre, et al. v. The Colonies-Pacific, LLC
California Court Of Appeal, Fourth Appellate District (July 31, 2014)
California Evidence Code § 1151 excludes evidence at trial of a defendant’s subsequent...more
Before you file or respond to a motion for summary judgment, consider the following guidance from three recent Rhode Island Supreme Court decisions.
1. TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD...more
On July 15 the United States Court of Appeals for the District of Columbia Circuit told CFIUS (the Committee on Foreign Investment in the United States) that constitutional due process requires that parties subject to an...more
City of Pomona v. SQM North America Corporation -
Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) -
Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain...more
In April we wrote about the Wisconsin Court of Appeals opinions compelling State Senator Jon Erpenbach to produce non-redacted emails under Wisconsin’s Public Records law. Today, the Court of Appeals ordered that the opinions...more
Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013. ...more
Medtronic Inc. v. Boston Scientific Corp. -
On a remand from the Supreme Court, the U.S. Court of Appeals for the Federal Circuit, addressing the issue of the sufficiency of infringement evidence, affirmed a district...more
AC34918 - Cuozzo v. Orange -
AC34918 Dissent - Cuozzo v. Orange -
This is a case where a little more effort should have gone into a Motion to Dismiss. The Appellate Court held that the Trial Court improperly...more
In a unanimous en banc decision, the Superior Court of Pennsylvania held on November 12 in In re Estate of William O. Smaling, No. 3353 EDA 2011, that filing exceptions to a Pennsylvania Orphans’ Court order is not necessary...more
The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”)...more
The verdict is in. AEG Live is not liable in the Michael Jackson wrongful death suit. An appeal is a foregone conclusion. But will an appeal be a "Thriller?"
The standards of review tend to reduce the possibility...more
Section 683(1) of the Criminal Code allows an appellate court to receive evidence on appeal “where it considers it in the interests of justice”. It is well-established that it is frequently not “in the interests of justice”...more
Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....more
Helton v. AT&T, Inc.
No. 11-2153, 2013 WL 812118 (4th Cir. Mar. 6, 2013) -
In Helton v. AT&T, Inc., the Fourth Circuit Court of Appeals affirmed the district court’s consideration of evidence outside of the...more
Feb. 26 (Bloomberg) -- Catherine Amirfar, litigation partner at Debevoise & Plimpton LLP, talks about recently obtaining a landmark victory on behalf of her client, Edgar Morales, in the first ever case of a gang member tried...more
On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more
California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more
Until recently, California trial courts were not required to perform the rigorous expert testimony gatekeeping responsibility adopted by federal courts and a majority of state courts. As a practical matter, California’s...more
In Rogers v. Unifund CCR Partners, the court of appeals held that the evidence of standing and breach of contract was sufficient and supported a judgment for a company based on an amount due under a credit card agreement.No....more
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