News & Analysis as of

Reversal Appeals

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

by Jackson Walker on

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

California Supreme Court Reverses Court of Appeal Decision to Invalidate SANDAG's Regional Transportation Plan EIR for its GHG...

by Allen Matkins on

In Cleveland Nat’l Forest Found. v. San Diego Ass’n of Gov’ts (July 13, 2017), the California Supreme Court reversed the Court of Appeal decision regarding the inadequacy of the greenhouse gas (GHG) emissions impacts analysis...more

NLRB Affirms Employer's Right to Terminate Employees Who Disparaged Company's Food Safety Practices

Over the past several years, we have reported on a seemingly never-ending series of National Labor Relations Board (NLRB) decisions proclaiming a variety of abusive employee practices as protected behavior under federal labor...more

Does the California Supreme Court Average More Questions to the Losing Side?

by Sedgwick LLP on

Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts. Every researcher...more

Post No. 999: What Could We Infer When Justice Theis Asked the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we began our analysis of Justice Theis’ question patterns in civil cases. Today, we continue our work on Justice Theis’ civil arguments since taking office in 2010. When voting in the majority of an affirmance,...more

Third Circuit Holds That Statutes Of Limitation May Be Tolled By Books-And-Records Demands Under Delaware Law Despite Inquiry...

by Shearman & Sterling LLP on

On June 13, 2017, Chief Judge Smith of the United States Court of Appeals for the Third Circuit reversed in part the District Court’s dismissal of claims for breach of contract as untimely. Norman v. Elkin, No. 16-1924 (3d...more

Post No. 998: What Could We Infer From Justice Theis’ Question Patters in Civil Cases?

by Sedgwick LLP on

For the past two weeks, we’ve been reviewing the patterns in Chief Justice Fitzgerald’s questioning in civil and criminal cases between 2008 and his retirement in 2010. This week, we review the question patterns of his...more

What Could We Infer When Chief Justice Fitzgerald Asked the First Question in Criminal Cases?

by Sedgwick LLP on

Yesterday, we reviewed the data for Chief Justice Fitzgerald’s question pattern in criminal cases between 2008 and 2010. Today, we look at a different aspect of the data – was the Chief Justice more likely to ask the first...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In AdjustaCam v. Newegg, the Circuit reverses the denial of attorney fees where Judge Gilstrap simply adopted a pre-Octane Fitness determination by a prior judge, despite the Circuit’s post-Octane Fitness remand of the case...more

Weak Infringement Position Makes Troll-like Behavior Exceptional

In Adjustacam LLC v. Newegg, Inc., [2016-1882] (July 5, 2017) the Federal Circuit reversed the district court’s decision not to award attorneys’ fees to defendant after plaintiff voluntarily dismissing its complaint after a...more

Key California Employment Law Cases: June 2017

by Payne & Fears on

This month’s key California employment law cases involve civil procedure (class and representative actions) and wage and hour (retaliation) issues....more

What Could We Infer From Chief Justice Fitzgerald’s Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we continued our analysis of the Court’s oral arguments between 2008 and 2016 with a look at former Chief Justice Fitzgerald’s patterns in civil cases during the two years before he retired, 2008-2010. This week,...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

Developments in IPR Remands from the Federal Circuit During the First Half of 2017

by Knobbe Martens on

Previously, we reported the outcomes of remands from the Federal Circuit to the PTAB in IPR cases through 2016.... This note is an update to that report, surveying the outcomes and status of remands to the PTAB in the...more

Court Reverses Summary Judgment For Directors Because They Could Not Consent To Their Own Breaches of Fiduciary Duty

by Winstead PC on

In Corley v. Hendricks, three individuals (Gaylen, Dan, and Corley) operated a business as shareholders, officers, and directors. No. 02-16-00293-CV, 2017 Tex. App. LEXIS 3846 (Tex. App.—Fort Worth April 27, 2017, no pet....more

Chris Lazarini Analyzes Contractual v. Fiduciary Obligations

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which plaintiff claimed breach of contract when her investment advisor did not transfer funds in a timely manner. The trial court and court of appeals awarded...more

What Could We Infer When Chief Justice Fitzgerald Asked the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we began our review of the limited data from civil cases in which Chief Justice Fitzgerald both participated in oral argument and voted between 2008 and 2010. Today, we wrap up our look at the civil docket. As...more

What Could We Infer From the Pattern of Chief Justice Fitzgerald’s Questions in Civil Cases?

by Sedgwick LLP on

Our review of the Court’s oral arguments between 2008 and 2016 continues this week with Chief Justice Thomas Fitzgerald. Since Chief Justice Fitzgerald retired in 2010, our data is more limited than it is for other Justices....more

Federal Circuit Puts the Brakes on PTAB Final Written Decision For Procedural APA Violation

In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., the Federal Circuit reminded the PTAB that it must abide by the APA’s requirements of adequate notice and an opportunity to respond when conducting a post-grant...more

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

by Sedgwick LLP on

Yesterday, we reviewed the data on Chief Justice Karmeier’s questions in civil cases between 2008 and 2016. Today, we take a look at a different side of the data – what can we infer when the Chief Justice asks the first...more

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

by Jones Day on

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

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

by Sedgwick LLP on

Last week, we looked at what can be inferred from the patterns of Chief Justice Karmeier’s questions in civil cases between 2008 and 2016. This week, we look at the Chief Justice’s questioning in criminal cases. In Table...more

Key California Employment Law Cases: April 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...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

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Cybersecurity

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