News & Analysis as of

De Novo Standard of Review Evidence

Fox Rothschild LLP

The Art Of Persuasion: The Supreme Court Disputes Where To Look

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If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court of Appeals opinions? Does the answer to...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Ninth Circuit Rules Coverage under ERISA Disability Plan Excluded Due to Underlying Medical Condition

In Estate of Maurice v. Life Ins. Co. of N. Am., 792 Fed. Appx. 499 (9th Cir. Cal. Feb. 5, 2020), the Ninth Circuit held that coverage was excluded under an ERISA-governed disability plan ("Plan"), because the evidence in the...more

Miles & Stockbridge P.C.

Thomas v. Grant: Several Evidence Errors Force Re-Trial

Often, trial lawyers minimize the importance of a timely evidentiary objection. Trial lawyers think that appellate courts review evidentiary objections under a deferential “abuse of discretion” standard and that one single...more

Mintz - Employment Viewpoints

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas....more

Holland & Knight LLP

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

Holland & Knight LLP on

The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

McDermott Will & Emery

Narrow Construction May Apply When No Evidence Supports Broader Construction

McDermott Will & Emery on

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit affirmed a claim construction limiting “communications path” to wired communications. Ruckus Wireless, Inc. v. Innovative Wireless...more

McDermott Will & Emery

Thirty Years’ Use of Mark Is Not Enough to Prove Acquired Distinctiveness if Evidence Is Insufficient - In re Louisiana Fish Fry...

McDermott Will & Emery on

Addressing the issue of distinctiveness, the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to deny registration of a plaintiff’s mark due to the dearth of evidence supporting the plaintiff’s...more

Winstead PC

Standard of Review for Claim Construction on Appeal

Winstead PC on

On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district...more

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