News & Analysis as of

Plain Error

Fox Rothschild LLP

Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”

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When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front door wide open all night and even the sweetest southern grandma...more

Adler Pollock & Sheehan P.C.

The Devil is in the Details: Waiver, Forfeiture, and the Critical Distinction for Appellate Advocates

Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice.  However, these are distinct concepts, and a savvy litigator will carefully consider them when...more

Dickinson Wright

Michigan Court of Appeals Clarifies Application of the “Plain Error” Rule

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One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court.  That isn’t necessarily the case in criminal...more

Kohrman Jackson & Krantz LLP

Several Shades Of Ignorance: The Supreme Court Excuses Inadvertent Mistakes Of Fact And Of Law In Copyright Registrations

With its recent decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (2022) the U.S. Supreme Court has confirmed that errors in copyright applications will not invalidate a copyright registration whether such errors...more

Proskauer - Minding Your Business

Supreme Court Excuses Inadvertent Legal Errors in Copyright Applications

The United States Supreme Court, in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., a recent 6-3 decision, found that innocent legal errors in copyright applications do not preclude copyright holders from taking advantage of...more

Jenner & Block

Supreme Court Holds that Mistakes of Both Law and Fact Can Excuse Inaccurate Copyright Registrations

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Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can...more

Jones Day

Honest Application Mistakes Do Not Invalidate Copyright Registration

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The Supreme Court holds that the Copyright Act's safe harbor provision preserves the validity of a copyright registration notwithstanding an inaccuracy in the underlying application based on a good-faith mistake—regardless of...more

Cozen O'Connor

Notice of Appeal - Spring 2021

Cozen O'Connor on

Precedential Opinions of Note - Government Must Prove Falsity Under Any Objectively Reasonable Standard - United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

Dorsey & Whitney LLP

The Supreme Court - January 11, 2021

Dorsey & Whitney LLP on

Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the...more

Carlton Fields

Value Claim: Non-Recurring Impact of Unknown Business or Operational Issue

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RWI valuation claims often arise from a breach of financial statement representation and warranties where the buyer asserts that the transaction was over-valued because prior earnings, on which the purchase price was based,...more

Franczek P.C.

Appellate Court Sheds Light on Murky Tax Sale Process Under Property Tax Code

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A large and growing source of property tax refunds in Cook County are generated when a Court reverses or vacates the sale of delinquent taxes.  A recent Appellate Court decision provides a good overview of the tax sale...more

Carlton Fields

Using Post-Trial Motions To Argue Error For The First Time

Carlton Fields on

Among the many benefits of utilizing appellate counsel at trial is that appellate counsel can assist in timely raising possible errors, and if error is not asserted when it occurs, then appellate counsel may be able to raise...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Application of Plain Error Doctrine

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the court’s application of the plain error doctrine to reverse and remand a trial court’s order vacating a default judgment. The plain error doctrine is...more

Proskauer - Advertising Law

Ninth Circuit Affirms Jury Verdict In Favor of Homeopathic Remedy for Flu-Like Symptoms

On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc. and Boiron USA, Inc. (together, “Boiron”), the sellers of a homeopathic...more

Dorsey & Whitney LLP

The Supreme Court - June 18, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued five decisions today: Gill v. Whitford, No. 16-1161: Twelve Democratic voters in Wisconsin brought a complaint claiming that the state redistricting done under Act 43 was a...more

Smith Debnam Narron Drake Saintsing & Myers,...

Deeming the Tracking of a Debtor’s Every Move “Impractical,” District Court Finds a Bona Fide Error and Dismisses FDCPA Action...

A district court has dismissed an FDCPA action based on a bona fide error after reviewing the collection firm’s extensive pre-suit procedures and determining they were reasonably calculated to avoid any errors. Guynn v....more

Butler Snow LLP

When in Doubt, Assert a Rule 403 Objection, Lest A Corporate Defendant’s Financial Well-being Come into Evidence Through a...

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Generally, a corporate defendant’s financial well-being is not admissible evidence at trial for concern that such evidence would encourage a jury to find the corporate defendant liable merely because the corporate defendant...more

Patterson Belknap Webb & Tyler LLP

United States v. Boyland, No. 15-3118

On July 10, 2017, in United States v. Boyland, No. 15-3118 (Kearse, Walker, Hall), the Second Circuit affirmed the conviction of former New York State Assembly member William F. Boyland, Jr. on twenty-one counts of public...more

Foley & Lardner LLP

Is The Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered?

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We have previously noted that the increasing rate of pre-institution settlement may in part be responsible for the declining institution rate in IPR proceedings because stronger petitions may drive earlier settlements,...more

Patterson Belknap Webb & Tyler LLP

Court Vacates Term of Supervised Release

In a short summary order, the Court (Winter, Jacobs, Cabranes) vacated a term of supervised release because the district court had improperly calculated the advisory Guidelines range. Defendant Raddy Breton pleaded guilty to...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The IRS Voluntary Compliance Program Is Like Your Parents

As a child, you’re usually told by your parents that they just want to hear the truth and that telling the truth is going to carry a far less punishment than if you lie and try to hide whatever bad thing you do. The...more

Hinshaw & Culbertson LLP

Consumer Financial Services Newsletter - June 2016

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the...more

Akerman LLP - Health Law Rx

"Meaningful" Errors Require Hospital System To Refund $31M

In what is reported to be the largest repayment to date involving "meaningful use" incentive payments, Naples, Florida-based Health Management Associates, Inc. ("HMA"), with 71 inpatient facilities in 15 states, including...more

Maynard Nexsen

Appealing Propositions: Appellate Issues In The Law - Distinguishing Between Error and Reversible Error; Recognizing and Avoiding...

Maynard Nexsen on

Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more

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