News & Analysis as of

Reversal

U.S. Supreme Court Tightens Criteria for Revoking Citizenship

The U.S. Supreme Court has ruled unanimously that naturalized American citizens cannot be stripped of citizenship if a lie or omission in the application process was irrelevant to the government’s decision to approve the...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Supreme Court Ruling Curtails Forum-Shopping

by Jackson Walker on

On Monday, the U.S. Supreme Court placed new limits on where lawsuits may be filed. In Bristol-Myers Squibb Co. v. Superior Court of California, No. 16–466 (June 19, 2017), the justices, in an eight – one decision,...more

SCOTUS Addresses Scope of 'Specific Personal Jurisdiction'

by Dechert LLP on

The Supreme Court addressed the scope of so-called “specific personal jurisdiction,” on Monday, as applied to major corporations, strengthening defendants’ potential arguments at the motion to dismiss stage. Bristol-Myers...more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

SCOTUS Overturns California's Extreme Expansion of Personal Jurisdiction for National Corporations

by Jones Day on

The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident corporations and curtailing the plaintiff's bar's efforts at forum shopping....more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

PA Supreme Court Decides that Former Employees are Not Entitled to Review their Personnel File

When an employee is terminated, the first question they have is “why?” Employees in Pennsylvania who were not happy with the answer or who wanted to verify the explanation had the right, for a reasonable period of time after...more

Transferring Property To A Trust: It’s Not What You Meant, It’s What You Said

by Bryan Cave on

When we put pen to paper, sometimes the words don’t come out right. If that happens, hopefully there’s an opportunity to explain what we meant. For example, we have seen how scrivenor’s errors can be explained. But, for the...more

What Can We Infer When Chief Justice Karmeier Asks the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we began our analysis of the Chief Justice’s question patterns in civil cases from 2008 through 2016. Today, we address the Chief Justice’s patterns in criminal cases. When voting with the majority in an...more

What Can We Infer From Chief Justice Karmeier’s Question Patterns in Civil Cases?

by Sedgwick LLP on

For the past two weeks, we’ve been reviewing Justice Thomas’ question patterns in oral arguments since 2008, and whether it’s possible to infer his likely vote and whether he’s writing an opinion. This week, we turn to Chief...more

Supreme Court Decides Packingham v. North Carolina, No. 15-1194.

by Faegre Baker Daniels on

On June 19, 2017, the United States Supreme Court decided Packingham v. North Carolina, No. 15-1194, holding that a North Carolina statute that bars registered sex offenders from accessing social networking websites that...more

Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim

by Winstead PC on

In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March...more

Federal Circuit Reverses Fee Award in Case Tagged as Exceptional

While the Supreme Court’s decisions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. significantly relaxed the standard for awarding attorney fees under 35...more

How Much Fame Is Enough?

by Dorsey & Whitney LLP on

In its recent decision in Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, the Court of Appeals for the Federal Circuit clarified the proper interpretation of the fame of the mark factor in determining whether there...more

How Have Public Entities Fared in Civil Cases? (Part I – 1994-2005)

by Sedgwick LLP on

Last week, we looked at how defendants have fared in criminal cases. Of course, in a sense that amounts to asking how prosecutors are doing. So this week, we ask the flip side of that question – how have public entities...more

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction

It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11 confirmation orders routinely provide that the bankruptcy court retains jurisdiction...more

Pumping Up Exceptional Cases Under the Octane Fitness Standard

A flurry of activity from various courts this past week on “exceptional cases” under Section 285 of the Patent Act provided notable guidance for practitioners and patent owners, with a particular emphasis on the motivation...more

What Can We Infer When Justice Thomas Asks the First Question in a Criminal Case?

by Sedgwick LLP on

Yesterday, we analyzed whether it’s possible to infer Justice Thomas’ vote and whether or not he’s writing an opinion based upon the pattern of his questions in criminal cases. Today, we look at whether it’s more likely that...more

What Can We Infer From Justice Thomas’ Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we analyzed the pattern of Justice Thomas’ questions in oral arguments in civil cases. This week, we address Justice Thomas’ patterns in criminal cases. When Justice Thomas is in the majority, he questions the...more

Federal Circuit Concludes Differently on Two Exceptional Case Actions

by Brinks Gilson & Lione on

On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases. The two cases are Checkpoint Sys., Inc.,...more

A Criminal Defendant Cannot Forfeit Property He Never Received

by Ballard Spahr LLP on

On June 5th, the United States Supreme Court held in Honeycutt v. United States that a criminal defendant is not jointly and severally liable for property his co-conspirator derived from the crime, and that he only can be...more

Are Defendants Winning Criminal Appeals More Often (Part 1 – 1994-2005)?

by Sedgwick LLP on

Earlier this week, I joined “Air Talk” on KPCC radio for a discussion of the California Supreme Court’s recent criminal decisions, beginning with People v. Gutierrez, in which the Court reversed three convictions for the...more

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