News & Analysis as of

Burden of Proof

Directors Fail To Escape Liability For Approving Dividend

by Allen Matkins on

I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more

DOJ Toughens Antitrust Consent Decree Enforcement

by Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

Court Vacates $350 Million FCA Jury Verdict under Escobar

by Weiner Brodsky Kider PC on

In an action brought by a relator under the False Claims Act, the U.S. District Court for the Middle District of Florida vacated a $350 million jury verdict, finding that the relator failed to provide proof that either the...more

Elbit Systems Of America, LLC v. Thales Visionix, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be...more

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

by Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Arctic Cat: A Chilly Reminder Regarding Licensee Marking

In order to make the most of a patent investment, consumer product companies must put competitors on notice of their patent rights. Specifically, a patentee who makes or sells a patented article must mark their articles or...more

Computer Interface Was Not an Abstract Idea

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., [2016-2684, 2017-1922] (January 25, 2018), the Federal Circuit affirmed the denial of summary judgment that, (1) claims 8 and 9 of U.S. Patent No. 8,713,476 and...more

Federal Circuit Review - January 2018

by Knobbe Martens on

Where Parties Raise an Actual Dispute Regarding Claim Scope, the Court Must Resolve It In Nobelbiz, Inc. v. Global Connect, L.L.C., Appeal Nos. 2016-1104, 2016-1105, the Federal Circuit held that where parties raise an actual...more

CFPB’s $287 Million Restitution and Penalties Request Denied

by Weiner Brodsky Kider PC on

The U.S. District Court for the Central District of California recently denied the CFPB’s request for $236 million in restitution and $52 million in penalties against a lender, its president and CEO, and two affiliates...more

Challenger Bears Burden of Proof for Unpatentability of Proposed Amended Claims

by McDermott Will & Emery on

In an opinion addressing the burden of proof for unpatentability for a proposed amended claim in an inter partes review (IPR), the US Court of Appeals for the Federal Circuit concluded that the challenger bears the burden of...more

Burden of Proof on Marking Defense Is a Shifting One

by McDermott Will & Emery on

Addressing issues ranging from obviousness to damages, and resolving a split among district courts, the US Court of Appeals for the Federal Circuit found that the burden of proving a marking defense does not necessarily...more

4th Circuit Reinstates Equal Pay Act Case Where Employer did Not Prove Non-Discriminatory Reasons for Wage Disparities

by Weiner Brodsky Kider PC on

The Fourth Circuit Court of Appeals recently decided that three female plaintiffs established a prima facie violation of the Equal Pay Act, 29 U.S.C. § 206 (d) (the “Act”) in a suit against the state government agency that...more

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

Core Wireless v. LG affirms the denial of summary judgment as to unpatentable subject matter, ruling that the asserted claims are directed to an improved user interface for computing devices, not to the abstract idea of an...more

Eighth Circuit Holds "Elaborating" On Reasons For Firing Employees Not Evidence of Pretext in Bias Suits

by DeWitt Law, LLC on

In Rooney v. Rock-Tenn Converting Company, No. 16-3631, 2018 U.S. App. LEXIS 494 (8th Cir. Jan. 9, 2018), the 8th U.S. Circuit Court of Appeals recently clarified that when explaining its reasons for termination during...more

Fourth Circuit Raises Bar for Early Dismissal of Equal Pay Claims

Under the federal Equal Pay Act, once a plaintiff has made a prima facie case of pay discrimination based on gender, the burden of proof shifts to the employer to demonstrate legitimate business reasons for the disparity....more

3 Methods to Help Prove Fault in an Auto Accident Case

by The Brown Firm on

When you are involved in a Motor Vehicle Accident one of the first questions to come up is who was at fault for the collision. The answer to this question will have a huge impact on the person at-fault, and the insurance...more

Surface Transportation Board Hands Shipper a Large Rate Case Win

by Holland & Knight LLP on

On Jan. 11, 2018, the Surface Transportation Board (STB) handed a win to a coal shipper in a maximum rate reasonableness case. In the first rate case victory by a shipper in seven years, the STB has ordered CSX...more

Novel Theories Emerge in Merger Enforcement

Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more

Littler Global Guide - United Kingdom - Q4 2017

by Littler on

Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more

Court Rejects SEC Request For “Obey The Law” Injunction

by Dorsey & Whitney LLP on

The statute of limitations and the decision in Kokesh v SEC, 137 S.Ct. 1635 (2017) clearly present challenges for the SEC. In that case the Court rejected the SEC’s claim that its disgorgement remedy is equitable and not...more

One More Dribble from Aqua

As explained in a recent post about Bosch Automotive Service v. Matal, the Federal Circuit held that the Aqua Products decision puts the burden on the IPR petitioner to show that a patentee’s proposed amendments do not comply...more

Social inspectors: mystery shoppers when it comes to discrimination?

by DLA Piper on

The legal reforms amend the social criminal code by allowing social inspectors to act as mystery shoppers in the context of the three anti-discrimination laws....more

The Turning Tide of Adoption of the Lead Compound Analysis Is Favoring Patent Owners at the PTAB

The PTAB is starting to provide teeth to the Federal Circuit’s lead compound analysis making it more difficult for petitioners to successfully challenge chemical patents in AIA proceeding, as well as providing patent owners...more

Bosch Automotive Service Solutions, LLC v. Matal

by Knobbe Martens on

Federal Circuit Summaries - Before NEWMAN, CHEN, and HUGHES. Appeal from the Patent Trial and Appeal Board. Summary: In inter partes review, the patent challenger bears the burden of proving that proposed amended...more

Federal Circuit Emphasizes that Patentee Always Bears the Burden to Prove Statutory Marking

The Federal Circuit vacated and remanded part of the district court’s decision in Arctic Cat Inc. v. Bombardier Recreational Products, Inc., No. 2017-1475 (Fed. Cir. Dec. 7, 2017), finding that the district court committed...more

478 Results
|
View per page
Page: of 20
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.