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Injunctive Relief Remand

McDermott Will & Emery

Play It Again and Again (Sam): Meanwhile No Injunction, No Fees

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In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more

Fish & Richardson

ITC Monthly Wrap-Up: March 2022

Fish & Richardson on

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court:...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Mintz - Arbitration, Mediation, ADR...

Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein”

On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963. SCOTUS itself arguably made the case’s second visit to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Haug Partners LLP

Ninth Circuit Reverses Northern District of California Decision in FTC v. Qualcomm Inc., No. 19-16122

Haug Partners LLP on

On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more

Saul Ewing LLP

Supreme Court Holds President Is Not Categorically Immune to State Court Subpoena

Saul Ewing LLP on

In last week’s decision in Trump v. Vance, the Supreme Court addressed for the first time whether a state District Attorney’s Office can issue a state criminal subpoena to a President. Relying on historical examples dating as...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. Vance

On July 9, 2020, the U.S. Supreme Court decided Trump v. Vance, No. 19-635, holding that President Donald Trump was required to respond to a state subpoena of his tax returns and other financial information because “Article...more

Jones Day

Post-Taggart, Ninth Circuit BAP Holds That "No Fair Ground of Doubt" Standard Applies to Automatic Stay Violations

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In Taggart v. Lorenzen, 139 S. Ct. 1795 (June 3, 2019), the U.S. Supreme Court ruled that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy "if...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides New York State Rifle & Pistol Association, Inc., v. City of New York

On April 27, 2020, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc., v. City of New York in a per curiam decision, holding that a claim for declaratory and injunctive relief against New York...more

BCLP

Taggart v. Lorenzen, The State Of Bankruptcy Contempt Power Eight Months Later

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So you (allegedly) violated a bankruptcy court order. Whether the debtor alleges you violated the terms of a confirmed plan, failed to provide certain notices required by the bankruptcy rules, violated the discharge...more

Farrell Fritz, P.C.

To Be (Held in Contempt) or Not To Be? That Is the (Bankruptcy) Question

Farrell Fritz, P.C. on

Recently, the United States Supreme Court in Taggart v. Lorenzen set the legal standard that should be followed by bankruptcy courts when determining whether to hold a creditor in civil contempt for attempting to collect a...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

Sheppard Mullin Richter & Hampton LLP

Third Circuit Reversal a Pyrrhic Win for SEC in Ongoing Statute of Limitations Saga

In Securities & Exchange Comm. v. Gentile, No. 18-1242, 2019 WL 4686251 (3d Cir. Sept. 26, 2019), the United States Court of Appeals for the Third Circuit took up the question of whether Securities and Exchange Commission...more

McDermott Will & Emery

Second User Vaping Company Has No Claim to “Affliction”

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The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

King & Spalding

Eleventh Circuit Denies Preliminary Injunction for New National Liver Transplant Allocation Policy

King & Spalding on

On September 25, 2019, the United States Court of Appeals for the Eleventh Circuit affirmed a lower court’s decision to deny a motion for a preliminary injunction to stay the implementation of the new policy for allocating...more

Rumberger | Kirk

The Supreme Court Hands Down a New Standard for Bankruptcy Discharge Violations

Rumberger | Kirk on

On June 3, 2019, Justice Breyer delivered a unanimous opinion of the Supreme Court conclusively establishing the standard courts must apply to hold a creditor in civil contempt for violation of a bankruptcy discharge order....more

McDermott Will & Emery

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

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Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Jones Day

From the Top in Brief - August 2019

Jones Day on

On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in...more

Hinshaw & Culbertson LLP

Creditors Beware: Collection of Debt Based on Unreasonable Belief/Understanding That the Debt Was Not Discharged in Bankruptcy...

In Taggart v. Lorenzen, the U.S. Supreme Court reviewed the 9th Circuit Court of Appeals' Order, which affirmed the Bankruptcy Appellate Panel's Order vacating civil contempt sanctions against Bradley Taggart's ("Bradley")...more

Fox Rothschild LLP

United States Supreme Court Holds That An “Objective Analysis” Applies To Determine Whether Civil Contempt Is Appropriate For A...

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The United States Supreme Court granted certiorari to determine the applicable legal standard for holding a creditor in civil contempt when a creditor attempts to collect a debt that falls within an issued bankruptcy...more

Ward and Smith, P.A.

Supreme Court Sets Standard for Bankruptcy Discharge Violations

Ward and Smith, P.A. on

When your customer is in bankruptcy, there are two major no-nos that you must remember. First, don't violate the automatic stay, which prevents a creditor from attempting to collect a debt while the debtor is in bankruptcy...more

Ballard Spahr LLP

SCOTUS Adopts "No Fair Ground of Doubt" Standard for Violations of Bankruptcy Discharge Order

Ballard Spahr LLP on

In a unanimous decision, the U.S. Supreme Court ruled recently in Taggart v. Lorenzen that a creditor in a bankruptcy case may be held in civil contempt, and subject to sanction, where there is "no fair ground of doubt" about...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Decides Civil Contempt Standard for Violations of Discharge Orders

Successful bankruptcy cases typically end with a court order releasing a debtor from liability for most pre-bankruptcy debts. This order, generally known as a “discharge order,” prohibits the debtor’s creditors from trying to...more

Bradley Arant Boult Cummings LLP

Where a “Fair Ground of Doubt” Can Create Comfort: Taggart v. Lorenzen

In a unanimous, and perhaps unsurprising, decision, the Supreme Court determined that a creditor may be held in civil contempt for violating the discharge injunction if there is “no fair ground of doubt” as to whether the...more

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