News & Analysis as of

Oral Argument

Maine Supreme Court Hears Oral Argument in Two Workers’ Compensation Matters Involving Old-age Social Security Offset and Medical...

by PretiFlaherty on

The Maine Supreme Court heard oral argument in two workers’ compensation cases on September 13, 2017. In Victor Urrutia v. Interstate Brands International, WCB 16-524, an Administrative Law Judge ordered that the employer...more

PTAB Denies Untimely Request to Stay Pending Reexaminations

by Jones Day on

In Juniper Networks, Inc. v. Chrimar Systems, Inc., IPR2016-01389, Paper 62 (PTAB Sept. 12, 2017), the PTAB denied Petitioner’s request to stay two reexaminations of patents that were also the subject of pending IPR...more

There’s No Dressing This Up – Item 303(a)(1) Of Regulation S-K Is Unreasonable

by Allen Matkins on

In less than a month, the United States Supreme Court will hear oral argument in Leidos, Inc. v. Indiana Public Retirement System (Docket No. 16-581). The question presented in Leidos is...more

Amgen v. Apotex: Federal Circuit Oral Argument Set

by Goodwin on

The Federal Circuit has scheduled the oral argument of Amgen’s appeal from the district court’s judgment of non-infringement of Apotex’s proposed biosimilars of Neupogen® (filgrastim) and Neulasta® (pegfilgrastim) for 2:00pm...more

Spotlight on Upcoming Oral Arguments – September 2017

In this appeal, the Federal Circuit will decide whether a party has standing to participate in an inter partes reexamination proceeding if the original requester is acquired while the reexamination was pending. Knowles...more

The Illinois Supreme Court Database Expands – 2,871 Cases and 275,000 Data Points

by Sedgwick LLP on

Today, we announce a substantial expansion of the Illinois Supreme Court database. Matching the expansion earlier this year of the California Supreme Court database, the data on the Illinois Supreme Court has been expanded...more

Guest Post – Before the Flood: Fifth Circuit Oral Argument on Writ of Mandamus From Pinnacle Hip Implant MDL

by Reed Smith on

Today’s guest post is by Reed Smith Houston office associate Curtis Waldo. Given the Noachic weather down there recently, one might ask “where’s Waldo?” The answer is safe and sound, if not quite high and dry. Curt is...more

Overtime Appeal Oral Argument Scheduled for October 3

The U.S. Court of Appeals for the Fifth Circuit will hold an oral argument in New Orleans on Tuesday, October 3, 2017, in a highly-watched case involving revised overtime regulations that were supposed to become effective...more

Food and Beverage News and Trends - August 2017

by DLA Piper on

FDA brings about voluntary recall of coffee product with Viagra-like substance. On July 13, the FDA announced that Texas-based Bestherbs Coffee, LLC is issuing a voluntary recall of a coffee product, New of Kopi Jantan...more

In Praise of Brevity

by Reed Smith on

We’re on vacation. The dog days of Summer are upon us. Time for our annual (okay – monthly) (okay- weekly) substance-less post. Our vacation began just a couple of days ago, yet we already rue its passing. Good times go by in...more

Possible October Oral Arguments In Exemption Appeal

by Fisher Phillips on

The Fifth Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking...more

Oral Argument On Overtime Rule Appeal Scheduled For October 2nd

by Jackson Lewis P.C. on

The Fifth Circuit Court of Appeals tentatively has set oral argument for October 2nd on the Obama-era overtime pay rule that has been blocked from government enforcement by a federal district court in Texas since last...more

Spotlight on Upcoming Oral Arguments – August 2017

Tuesday, August 8, 2017 - EmeraChem Holdings v. Volkswagen Group of America, No. 16-2619, Courtroom 201 - In this appeal from the PTAB, the Court will decide whether the Board erred in adopting a claim construction in...more

Oral Argument in Overtime Appeal to be Held in Early October

The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more

New Jersey District Court Considers Expansion of FCRA Liability

by Goodwin on

On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The...more

What Could We Infer When Justice Theis Asked the First Question in Criminal Cases?

by Sedgwick LLP on

Yesterday, we reviewed Justice Theis’ question patterns in criminal cases between 2010 and 2016. Today, we ask what it’s possible to infer when Justice Theis asked the first question in criminal cases. Justice Theis voted...more

What Could We Infer From Justice Theis’ Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we reviewed the data from Justice Theis’ participation in oral arguments in civil cases since she joined the Court in 2010. This week, we turn our attention to Justice Theis’ record in criminal oral...more

New Supreme Court Term to Kick Off With Argument in Class Action Waiver Cases

On July 19, 2017, the Supreme Court of the United States released the October 2017 term’s calendar for oral arguments, including the date it will hear oral argument in the three consolidated class action waiver cases that are...more

Instradent v. ITC: Federal Circuit Oral Argument Highlights Concerns Regarding Parallel ITC, IPR, and District Court Proceedings

On July 11, 2017, Federal Circuit Judges Prost, O’Malley, and Chen heard oral arguments in the appeal captioned Instradent USA, Inc. v. ITC, No. 16-2336 (Fed. Cir.), and, on July 19, 2017, issued a Rule 36 judgment affirming...more

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

Does the California Supreme Court Average More Questions to the Losing Side?

by Sedgwick LLP on

Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts. Every researcher...more

Blog Post No. 1,000: Comparing Oral Argument in the California and Illinois Supreme Courts

by Sedgwick LLP on

I thought we’d do a first today: comparing the two Supreme Courts we study in the same post. Specifically, since I’ve had the honor of appearing at both the California and Illinois Supreme Courts, I thought we’d compare the...more

What Could We Infer From Chief Justice Fitzgerald’s Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we continued our analysis of the Court’s oral arguments between 2008 and 2016 with a look at former Chief Justice Fitzgerald’s patterns in civil cases during the two years before he retired, 2008-2010. This week,...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

What Could We Infer When Chief Justice Fitzgerald Asked the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we began our review of the limited data from civil cases in which Chief Justice Fitzgerald both participated in oral argument and voted between 2008 and 2010. Today, we wrap up our look at the civil docket. As...more

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