News & Analysis as of

Standing Abuse of Discretion

Manatt, Phelps & Phillips, LLP

Wit Redux—Again: Ninth Circuit Again Supersedes Its Prior Opinion in Landmark Mental Health Case

Editor’s Note: In the article below, Manatt discusses the Ninth Circuit’s new opinion in the ongoing Wit v. United Behavioral Health litigation and the changes from the now-vacated January 2023 Wit decision. ...more

Manatt, Phelps & Phillips, LLP

Wit Redux: Ninth Circuit Issues New Superseding Opinion in Landmark Mental Health Case

The Ninth Circuit has issued a new opinion in the long-running Wit v. United Behavioral Health litigation that changes the legal landscape for ERISA class actions. The Ninth Circuit’s opinion includes significant holdings on...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Trans Fat and Stolen Emails

This week, we take a look at one Ninth Circuit decision addressing the difficult Article III issues that arise in certain types of consumer class actions, and another in which the Ninth Circuit examined the application of the...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 16, 2018

Carlton Fields on

Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more

Knobbe Martens

Raniere v. Microsoft Corporation

Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary: When a case is dismissed with prejudice for lack of standing,...more

Womble Bond Dickinson

Alleging and Proving Standing to Challenge Rezoning

Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

Carlton Fields

Judge Gorsuch on Class Actions

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On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...more

Seyfarth Shaw LLP

Evidence From LinkedIn, IMDB Used to Support Denial of Benefits

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Be careful what you ask for. The Plaintiff in a recent case from the Central District of California learned that lesson when the Plan’s re-evaluation of her claim for benefits revealed that she was apparently working as a...more

Burr & Forman

Borrowers Cannot Rely on Technical Admissions to Defeat a Mortgage Foreclosure Action

Burr & Forman on

Recounting the relevant facts, Wells Fargo initiated a foreclosure action against Ms. Voorhees in Sarasota County in June 2009. Wells Fargo filed a motion for summary judgment in June 2013. After Voorhees failed to file...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

Mintz

Apple v. Samsung Part IV: The Injunction May Not Be Dead

Mintz on

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more

BakerHostetler

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

BakerHostetler on

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Wilson Sonsini Goodrich & Rosati

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

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