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Appeals Summary Judgment Appellate Courts

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Maynard Nexsen

Alabama Supreme Court Alert - May 2025

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The Alabama Supreme Court issued its weekly release list on Friday, May 9. The opinions of interest to the Alabama business community include the following...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Copyright Suit Over Sam Smith’s “Dancing with a Stranger” and Reaffirms the Jury’s Role

On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more

Goldberg Segalla

Dismissal of Defendant Upheld on Appeal Due to Release Language in Prior Settlement

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Jurisdiction: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, New York County, on March 13, 2024, dismissed defendant Long Island Lighting Company from an asbestos action,...more

Clark Hill PLC

New Jersey Appellate Division confirms timing options for filing a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)

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In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more

Marshall Dennehey

Pennsylvania Superior Court Vacates Summary Judgment Due to Procedural Error in Response Time

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Jordan v. Lynde, 330 A.3d 817 (Pa. Super. Ct. 2024) - The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P....more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Vacates Summary Judgement: Limitations from Specifications Should Not Have Been Imported Into the Claims

The Federal Circuit vacated and remanded the district court’s summary judgement of noninfringement, finding that the lower court had improperly construed the claim term “pull cord.” The district court had erroneously limited...more

Rivkin Radler LLP

April 2025 Insurance Update

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As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: March 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Stevens & Lee

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

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In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Warner Norcross + Judd

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

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A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings...more

Knobbe Martens

Pulling the Cord on Unstated Claims Limitations

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IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida - The district court erred in construing the term “pull...more

Cooley LLP

Court of Appeal Split on Scope of Exclusion Clause

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In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more

Stevens & Lee

First Circuit Rules Against Government in False Claims Act Case

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On Feb. 18, in U.S. v. Regeneron Pharmaceuticals, the First Circuit Court of Appeals joined the Sixth Circuit and the Eighth Circuit in holding that, for purposes of establishing that a claim for payment of items or services...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Blake, Cassels & Graydon LLP

Class Dismissed: B.C. Court of Appeal Affirms Summary Judgment Decision Dismissing Proposed Class Action

On February 13, 2025, the B.C. Court of Appeal dismissed an appeal from summary judgment in Latifi v. The TDL Group Corp., confirming that a claim for conspiracy to injure will fail where the predominant purpose of an...more

Marshall Dennehey

Key New Jersey Appellate Win Secured in Legal Malpractice Action

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A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 20-24, 2025

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U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more

Kerr Russell

“Materially Altered”: Michigan Court of Appeals Rules That Forum Selection Clause Added to Invoice Can’t be Enforced

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You’re spending your day off on Luna Pier beach in Monroe County, Michigan. You’ll swim in the morning, get lunch at Gander’s Family Restaurant, and rent jet skis in the afternoon. That morning, however, you wake up and...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 6-10, 2025

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U.S. Eleventh Circuit Court of Appeals - Warren v. DeSantis - mootness, gubernatorial suspension challenge - USA v. Brown - sex trafficking, evidence, continuance, speedy trial - Sunz v. IRS - insurance, bankruptcy, BP...more

McGlinchey Stafford

Court Clarifies HOA Responsibilities in Tenant vs. Tenant Conflicts

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Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Nuisance: Federal Appellate Court Addresses Property Owners' Challenge to Oregon Irrigation...

The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 23-27, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Alhindi - mootness, competency - Florida Supreme Court - Tallahassee - No decisions this week...more

Freiberger Haber LLP

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

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By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more

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