News & Analysis as of


Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents

by Shipman & Goodwin LLP on

In March of 2017, the Supreme Court of the United States remanded the high profile transgender student rights case, Gloucester County School Board v. G.G. ex rel. Grimm, no 16-273, to the Fourth Circuit Court of Appeals for...more

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

by Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

What Can We Infer When Justice Garman Asks the First Question in a Civil Case?

by Sedgwick LLP on

Yesterday, we showed that between 2008 and 2016, an unusually high level of questions from Justice Garman indicated that she was likely writing an opinion. We also demonstrated that when Justice Garman was in the minority,...more

SC court awards Lowe's employee workers' comp disability benefits

by McNair Law Firm, P.A. on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

What Can We Infer From Justice Garman’s Question Pattern in Civil Cases?

by Sedgwick LLP on

Two weeks ago, we began our detailed analysis of the data on oral arguments in civil and criminal cases between 2008 and 2016. This week and next, we’ll be looking at Justice Rita B. Garman’s patterns in oral argument,...more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against...more

Justice Werdegar By the Numbers, Part 2: Voting to Reverse and Joining the Court Majority

by Sedgwick LLP on

On April 20, 2017, we began our retrospective of the tenure of Justice Kathryn M. Werdegar, who will retire on August 31, 2017. We tracked the total number of cases, both civil and criminal, in which Justice Werdegar has...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Federal Circuit Reverses-in-Part PTAB’s IPR Decisions for Wasica’s Tire Pressure Monitoring Patents

The Federal Circuit affirmed-in-part and reversed-in-part the PTAB’s final written decisions on Wasica’s tire pressure monitoring patents in Wasica Finance GmbH v. Continental Automotive Sys., Inc., No. 2015-2078 (Fed. Cir....more

Wisconsin’s Supreme Court: Contractual Waivers of Civil Jury Trial Are Enforceable

by Foley & Lardner LLP on

Last year the Wisconsin Court of Appeals threw businesses a curveball when it held that a contractual waiver of the right to a jury trial was unenforceable. The holding of the case, Parsons v. Associated Banc-Corp., 2016...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

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

by Sedgwick LLP on

Yesterday, we reviewed the data on Justice Burke’s question patterns in criminal cases. Today, we ask a related question: if Justice Burke asks the first question, can we infer that she is likely writing an...more

What Can We Infer from Justice Burke’s Questioning Patterns in Criminal Cases (Part 1)?

by Sedgwick LLP on

Last week, we began our review of the individual Justices’ patterns in oral arguments, reviewing the data on Justice Anne M. Burke’s questioning in civil cases from 2008 to 2016. Today, we address Justice Burke’s patterns in...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

by Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Our California Supreme Court Data Library More Than Doubles in Size

by Sedgwick LLP on

Fifty weeks (and just over a hundred posts) ago, we started the California Supreme Court Review, applying statistical and data analytic techniques to studying the decision making of the California Supreme Court. Our analysis...more

Federal Circuit Patent Updates - April 2017

by WilmerHale on

Affirming judgment of noninfringement of one patent and reversing judgment of infringement of another patent. All asserted claims required a particular process step, construed as defined by one example in the specification,...more

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Is Justice Burke More Likely to Start the Questioning When She’s Writing an Opinion?

by Sedgwick LLP on

On April 12, 2017, we analyzed the data from nine years’ worth of oral arguments in civil cases, looking at correlations between Justice Burke’s question patterns, her voting and whether she wrote an opinion in a given case. ...more

What Can We Infer From Justice Anne M. Burke’s Questioning Pattern in Civil Cases (Part 1)?

by Sedgwick LLP on

This week we’re turning our attention to multiple issues: (1) does each individual Justice ask more questions of the prevailing or losing party in civil cases; (2) is the Justice’s pattern different when he or she votes with...more

Don’t Exalt Slogans over Real Meaning; Find the Claim Construction that Naturally Aligns with the Specification and Prosecution...

In The Medicines Company v. Mylan, Inc., [2015-1113, 2015-1151, 2015-1181] (April 6, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 7,598,343, and reversed a bench trial...more

Ninth Circuit Holds D&O Policy Bars Coverage of FDIC’s Claims

In a decision, the US Court of Appeals for the Ninth Circuit, in finding for a directors & officers (D&O) insurer, denied coverage of the Federal Deposit Insurance Corporation’s (FDIC) claims against a failed bank’s former...more

Do Affirmances Take Longer in Non-Death Penalty Criminal Appeals (2008-2016)?

by Sedgwick LLP on

Yesterday, we looked at how much correlation there was between result and lag times in death penalty appeals between 2008 and 2016. Today, we’re looking at the non-death penalty criminal docket for the same period. We...more

Keep On Truckin’: Priority Rules Still Rule in Structured Dismissals

In 2015, Distressing Matters reported on the Third Circuit’s decision in In re Jevic Holding Corp., wherein that panel ruled that, in rare circumstances, bankruptcy courts may approve the distribution of settlement proceeds...more

Do Affirmances Take Longer in Automatic Death Penalty Appeals (2008-2016)?

by Sedgwick LLP on

For the past several weeks, we’ve been comparing the Court’s lag times – time to oral argument, and then oral argument to decision – for affirmances as opposed to reversals. We’ve determined that affirmances tend to take...more

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