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Appeals › Objective Standard

McDermott Will & Emery

Faulty Jury Instruction Tampered With Tamper-Proof Trial

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court decision after concluding that a jury instruction on the objective indicia of nonobviousness that failed to...more

McDermott Will & Emery

The Game of Life: Winner Gets Everything Except Attorneys’ Fees

McDermott Will & Emery on

The US Court of Appeals for the First Circuit agreed with the trial court regarding the reasonableness of the plaintiff’s legal positions and found that the trial court did not abuse its discretion in denying the defendants,...more

Holland & Knight LLP

Third Circuit Affirms Application of "Reasonable Reader" Test Under FCRA

Holland & Knight LLP on

The U.S. Court of Appeals for the Third Circuit recently rendered a decision on a common issue in cases against consumer reporting agencies (and furnishers) under the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq....more

Perkins Coie

Court Upholds California Law Limiting Local Governments’ Ability to Deny Housing Development Applications

Perkins Coie on

In a major recent decision, the California Court of Appeal rejected a city’s interpretation of what constitutes an “objective” standard under the Housing Accountability Act (HAA), Government Code section 65589.5, and upheld...more

Bass, Berry & Sims PLC

Seventh Circuit Holds FCA Requires Objective Scienter Standard

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The U.S. Court of Appeals for the Seventh Circuit recently joined the ranks of every other circuit court of appeal to have considered the issue in holding that the False Claims Act (FCA) requires an objective scienter...more

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