News & Analysis as of

Reversal Appeals

Right for the Wrong Reason - Reversal Requires More Than Just an Error

by Carlton Fields on

Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error was properly raised in the trial...more

What Can We infer When Justice Kilbride Asks the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we asked whether we can infer anything about Justice Kilbride’s vote and whether he’s writing an opinion, based on the pattern of his questions in oral argument. Today, we ask a slightly different question – can...more

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

by Sedgwick LLP on

Over the last two weeks, we’ve reviewed Justice Freeman’s question patterns in civil and criminal cases. This week, we’ll be reviewing Justice Kilbride’s patterns with his questioning in civil cases. Justice Kilbride...more

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

by Sedgwick LLP on

Yesterday, we showed that unlike many of his colleagues, Justice Freeman does not tend to ask the party he’s voting against more questions at oral argument – he averages more questions to the appellants in every scenario. ...more

What Can We Infer From Justice Freeman’s Question Pattern in Criminal Cases?

by Sedgwick LLP on

Last week, we looked at the pattern of Justice Freeman’s questioning in oral arguments in civil cases, analyzing whether he tends to ask more questions of the party he will ultimately vote against, and what impact writing an...more

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

by Sedgwick LLP on

Yesterday, we began analyzing Justice Freeman’s question patterns in civil cases. Today, we analyze whether it is more likely that Justice Freeman will ask the first question, depending on his vote and whether he’s writing...more

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

by Sedgwick LLP on

Last week, we analyzed Justice Garman’s question patterns in criminal cases. This week, we address Justice Freeman’s question pattern in civil cases. We begin with cases in which Justice Freeman has voted with the...more

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

by Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

by Snell & Wilmer on

What law governs a deficiency action if the choice-of-law provisions in the note and deed of trust conflict? The Arizona Court of Appeals answered that very question in ZB, N.A. v. Hoeller, No. 1 CA-CV 16-0071 (Ct. App. April...more

Key California Employment Law Cases: March 2017

by Payne & Fears on

This month’s key California employment law cases involve arbitration and PAGA issues. Arbitration - Farrar v. Direct Commerce, Inc., 9 Cal. App. 5th 1257, 215 Cal. Rptr. 3d 785 (2017) - Summary: Arbitration...more

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

by Sedgwick LLP on

Yesterday, we showed how Justice Garman’s vote and whether she is writing an opinion impacts her question patterns in criminal cases. Today, we take the analysis the final step: what can we infer when Justice Garman asks the...more

SCOTUS Reverses and Remands Circuit Court Award of Fees for Discovery Misconduct: eDiscovery Case Law

by CloudNine on

In Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. ___ (2017), the Supreme Court of the United States, in a decision delivered by Justice Kagan reversed and remanded the decision by the US Court of Appeals, Ninth Circuit, for...more

Federal Circuit Rejects Board’s Understanding of Prior Art

The Federal Circuit has now reversed the Patent Trial and Appeal Board’s decision in Synopsys, Inc. v. ATopTech, Inc. finding claims 1 and 32 of U.S. Patent No. 6,567,967 (the “‘967 patent”) as being “not supported by...more

Chris Lazarini Analyzes Enforcement of Exculpatory Clauses

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more

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

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

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

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