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Reversal

Lathrop GPM

Ohio Appellate Court Reverses Summary Judgment Holding Regarding Applicability of Area Representative Agreement to Individuals

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An Ohio appellate court, reversing a summary judgment decision, recently held that the “full-time efforts” section of an Area Representative Agreement was applicable only to the area representative entity and not the...more

Marshall Dennehey

The Trial Court Incorrectly Entered Directed Verdict for the Insurer

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Wenzel v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 4th DCA, 4D2023-0088, Apr. 24, 2024 - Following a jury trial, the circuit court entered a directed verdict for the insurer and set aside the jury’s verdict, concluding...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s...more

Sheppard Mullin Richter & Hampton LLP

Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be...

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led...more

Winstead PC

Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

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In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more

Fox Rothschild LLP

Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing

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I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Jenner & Block

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more

White & Case LLP

Federal Circuit Limits the Application of Obviousness-Type Double Patenting for Patents in the Same Family

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On August 13, 2024, a three-judge panel of the Court of Appeals for the Federal Circuit issued a decision, authored by Judge Lourie, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the...more

Davis Wright Tremaine LLP

Is the FDIC's Proposed Rulemaking on Brokered Deposit Restrictions a Solution in Search of a Problem?

One of the most fundamental activities of an insured depository institution (IDI) is taking and safekeeping customer deposits. However, a recent proposed rulemaking by the Federal Deposit Insurance Corporation (FDIC) poses...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: First-Filed, First-Issued Patent Sets the Term for Obviousness-Type Double Patenting Analysis Even When Granted...

In a case it described as “‘a prime example’ of when ODP does not apply,” the Federal Circuit recently reversed a decision from the District of Delaware that invalidated a claim for obviousness-type double patenting (ODP),...more

Jones Day

PTAB Forgives MTA Procedural Error

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The Federal Circuit affirmed in part, reversed-in-part and remanded-in-part the Board’s decision in the inter partes review of U.S. Patent No. 8,265,096 (the “’096 patent”), and affirmed the Board’s decision as to the cross...more

Holland & Knight LLP

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

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A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Warner Norcross + Judd

Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and...

In a major decision issued Wednesday, the Michigan Supreme Court reinstated both the Earned Sick Time Leave Act (ESTA) and the Improved Workforce Opportunity Wage Act (IWOWA). As discussed further below, the Mothering Justice...more

Rosenberg Martin Greenberg LLP

Timing May Be Everything When Employing Bankruptcy Professionals

When Byron David filed a Chapter 7 bankruptcy case in July of 2018, Donald King was appointed Chapter 7 trustee. King filed an application to retain a law firm as his counsel. The bankruptcy court granted that application....more

Tyson & Mendes LLP

A Seat at the Table: Supreme Court Rules Insurers Have a Right to Be “Heard on Any Issue” in Chapter 11 Cases

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On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al. The Court held an insurer with financial responsibility for claims in bankruptcy...more

Kohn, Kohn & Colapinto LLP

Supreme Court Vacates and Remands IRS Tax Whistleblower Case Following Reversal of Chevron

The end of the Chevron deference is already impacting whistleblower award cases. The Supreme Court of the United States (SCOTUS) recently reversed and remanded an appeals court decision in an IRS whistleblower case where a...more

Harris Beach PLLC

NY Appellate Court Addresses Engineer Testimony and Frye Hearing

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New York’s Appellate Division, Second Department reversed a trial court order precluding defendants’ expert engineer from testifying, issuing a new trial on the issue of liability in a personal injury action stemming from a...more

Mintz - Intellectual Property Viewpoints

Supreme Court Doesn’t Want to Play the Name Game: Prohibition Against Using a Person’s Name in a Registered Mark Without Consent...

On June 13, 2024, the Supreme Court held that the Lanham Act’s prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. S. ____ (2024), the Supreme...more

Sheppard Mullin Richter & Hampton LLP

The California Supreme Court Confirms Vertical Exhaustion Applies for First-Layer Excess Insurers

In Truck Ins. Exch. v. Kaiser Cement, 321 Cal. Rptr. 3d 761, 549 P.3d 781 (2024), the California Supreme Court answered the question left open by Montrose Chem. Corp. v. Superior Ct., 9 Cal. 5th 215 (2020) (Montrose III): for...more

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

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By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more

Bradley Arant Boult Cummings LLP

Preliminary Injunction Halts Sales of Tumor-Informed Cancer Screening Test

Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test...more

Haug Partners LLP

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms...

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On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully...more

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