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Dismissals Judicial Discretion

Snell & Wilmer

Clear for Takeoff: Arizona Court of Appeals Upholds Sky Harbor's Customer Facility Charge

Snell & Wilmer on

On June 13, 2023, the Arizona Court of Appeals held in Pope v. City of Phoenix that Sky Harbor Airport’s $6.00/day “customer facility charge” does not violate the anti-diversion provision of the Arizona Constitution. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Eagle Pharmaceuticals Inc. v. Slayback Pharma LLC (Fed. Cir. 2020)

Infringement under the doctrine of equivalents (as a basis of a successful cause of action having renewed vigor before the Federal Circuit recently (see, e.g., "Galderma Laboratories, L.P. v. Amneal Pharmaceuticals LLC") is...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2020 #2

PATENT CASE OF THE WEEK - Communication Test Design, Inc. v. Contec, LLC, Appeal No. 2019-1672 (Fed. Cir. March 13, 2020) - This week’s Case of the Week explores two important procedural issues: a court’s discretion to...more

Bass, Berry & Sims PLC

Supreme Court Rejects Mandatory Dismissal for an FCA Seal Breach

Bass, Berry & Sims PLC on

The Supreme Court held that a relator’s breach of the seal in a qui tam case does not require mandatory dismissal of the complaint, but the Court declined to articulate what factors are appropriate to consider in determining...more

Haight Brown & Bonesteel LLP

Relief From Dismissal Under Mandatory “Attorney-Fault” Provision of CCP 473(b) Granted Despite Absence of Evidence that Attorney’s...

In Younessi v. Woolf (No. G051034 – filed February 16, 2016), Division Three of the Fourth Appellate District reluctantly affirmed the trial court’s order vacating dismissal of a legal malpractice case. Although the trial...more

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