Motion for Reconsideration

News & Analysis as of

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

Court Denies Reconsideration Of Ruling That Reinsurer Must Post Pre-Pleading Security

On April 13, 2016, we reported on Select Insurance Company’s successful motion for pre-pleading security against Excalibur Reinsurance Corp., pursuant to Connecticut law. Excalibur filed a motion for reconsideration, which...more

Reargument Motion Regarding Royalty Rate Is Denied

Plaintiff’s motion is not directed at the court’s decision to stay an injunction but rather at the amount and manner of payment of the royalty rate to be paid by defendants pending the outcome of administrative proceedings. ...more

Delaware Supreme Court Reaffirms KKR, But Sounds Cautionary Note to Gatekeepers

On May 6, 2016, the Delaware Supreme Court affirmed the Delaware Chancery Court's ruling that Zale Corporation's sale to Signet Jewelers withstood scrutiny under the business judgment rule because the transaction was approved...more

Context Matters in False Advertising Cases – District Court Judge Denies Chobani Motion for Reconsideration of Scope of Injunction

In a further development in the yogurt false advertising battle between Dannon and Chobani, the federal district court has rejected Chobani’s request that it reconsider and limit the scope of the injunction it issued in late...more

Is Your Workers Compensation Program Unlawful?

A popular workers compensation insurance program offered by Berkshire Hathaway subsidiaries Applied Underwriters Captive Risk Assurance Company (Applied Underwriters) and California Insurance Company may be in trouble. On...more

FERC rules off-grid micro-hydro needs no license

Federal hydropower regulators have granted reconsideration of a 2015 order finding licensing required for an off-grid micro-hydropower project proposed in Massachusetts. Based on newly submitted evidence that the proposed...more

US District Court in Southern California Rules No Coverage for HIPAA Investigation

The District Court for the District of Southern California was asked to reconsider its prior decision issued on motions for summary judgment in coverage litigation between Millenium Labs, Inc. (“Millenium”), and its insurer,...more

Shutterfly requests reconsideration of denial of motion to dismiss in biometrics case

We previously reported that Shutterfly Inc. was unsuccessful in persuading an Illinois federal judge to dismiss the biometrics case against it. Last week, Shutterfly moved for reconsideration of the denial, basing the...more

YouTube Rulings Emphasize the Importance of an OSP’s Terms of Service in Social Media Marketing

Two recent cases serve as a reminder of the key role an online service provider’s (OSP) terms of service play in social media marketing. The courts in Darnaa, LLC v. Google, Inc., 2015 WL 7753406 (N.D. Cal. Dec. 2, 2015) and...more

Mississippi Gives Teeth to the Safer Alternative Requirement

Maybe you’ve noticed that many of our recent posts have reported good decisions out of Mississippi. It’s as if there has been an outburst of judicial common sense in that fair state. But it has not really been such a sudden...more

New Jersey Appellate Court Affirms Ruling That Solvent Insurers Not Responsible For Portions Of Insolvent Insurers

Earlier this month, a New Jersey appellate court affirmed a lower court’s ruling that the insured, not solvent insurers, was responsible for the liability apportioned to policies not covered by New Jersey’s Property Liability...more

Texas Court Holds Pollution Exclusion Inapplicable

In its recent decision in In re: ATP Oil & Gas Corporation, 2016 Bank. LEXIS 201 (S.D. Tex. Bankr. Jan. 20, 2016), the United States Bankruptcy Court for the Southern District of Texas had occasion to consider the application...more

A Long Time Ago . . .

We knew that Star Wars had overtaken Christmas in pop culture when we heard a junior high school band play a Jingle Bells/Star Wars mashup. We were not surprised that this cross-cultural amalgamation received the largest and...more

FCC Modified Pole Attachment Formulas to Bring Telecom Rates Down to Parity with Cable Rates

On November 24, 2015, the FCC issued an Order on Reconsideration (“Reconsideration Order”) updating the telecommunications carrier pole attachment formula in its rules. The Reconsideration Order granted a four-year old...more

An Employer Wins! BALCA Finds Crucial Inconsistency

A recent decision by the Board of Alien Labor Certification Appeals (BALCA) illustrates just how draconian decision-making with regard to labor certification filings can be at the U.S. Department of Labor (DOL), and provides...more

Plaintiff Gets A Rare Win On A Motion For Reconsideration In The NC Business Court

It's pretty hard to succeed at getting a Business Court Judge to reconsider a prior ruling and reverse himself. But the Plaintiff in RREF BB Acquisitions, LLC v. MAS Properties, LLC, 2015 NCBC 105, accomplished exactly that...more

Final Means Final: No Reconsideration in Arbitration

Recent decisions from the 3d and 11th Circuits drive home this point: an arbitration award is final and should not be revisited. In Robinson v. Littlefield, 2015 WL 5520017 (3d Cir. Sept. 17, 2015), the parties...more

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Never Say Never to Lone Pine Orders

After our last two posts, we received emails blasting us for being insensitive to the plight of injured plaintiffs. That struck us as unfair, given that the posts pertained to the technical issues of choice of law and choice...more

Pennsylvania Township Moves to Revive an Ordinance Banning Disposal of Wastewater from Hydraulic Fracturing Activities, After...

On October 26, 2015, Grant Township, Pennsylvania, filed a Motion for Reconsideration of Western District of Pennsylvania District Court Magistrate Judge Susan Baxter’s October 14, 2015, ruling invalidating several elements...more

Another One Bites The Dust At “Mach” Speed: EEOC’s Age Discrimination Lawsuit Dismissed Based On Failure To Conciliate

We’ve previously blogged about the impact the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S. Ct. 1645 (2015), most recently here and here. As we predicted, the true impact of Mach Mining will not be...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

REMIC Trust Payments Adrift After Losing Clarity of Their Safe Harbor

As we previously reported, in April 2015 Judge Jacqueline P. Cox (U.S. bankruptcy judge for the Northern District of Illinois) issued an opinion that broadly interpreted the safe harbor provisions of Bankruptcy Code Section...more

Insurers Beware: Respond Promptly or Lose the Right to Control the Defense

The tables may be turning. Insurers often seek to avoid their coverage obligations by invoking time limitations in their policies for providing claim notifications. On the other hand, these same insurers routinely take their...more

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