News & Analysis as of

Interlocutory Appeals

Interesting and Useful Cases in Torts and Insurance - August and September 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance. ...more

7th Circuit Holds Minor Not Bound by Credit Card Arbitration Provision

by Weiner Brodsky Kider PC on

The Seventh Circuit Court of Appeals recently held that a minor child who had used her mother’s credit card once did not directly benefit from the cardholder agreement, and so could not be bound by the mandatory arbitration...more

11th Circuit Holds Crime-Fraud Exception Applies to Attorney Misconduct

by Robins Kaplan LLP on

After the motions panel granted permission to bring an interlocutory appeal, the Eleventh Circuit held that the crime-fraud exception could overcome a claim of work product when attorneys, as opposed to their clients, were...more

Ninth Circuit Holds Prior Salary Cannot Justify Wage Differences

Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more

Fiat Chrysler Car Hacking Case Put In Neutral

by Ballard Spahr LLP on

Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

The Federal Circuit Stays IPR Pending Review of the PTAB’s Denial of St. Regis Mohawk Tribe’s Sovereign Immunity

by Knobbe Martens on

The PTAB ruled that the Saint Regis Mohawk Tribe could not assert sovereign immunity in IPRs of patents that Allergan had assigned to the Tribe relating to Restasis®. See The Saint Regis Mohawk Tribe is not entitled to...more

Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

by Foley & Lardner LLP on

The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision in Perfect 10, Inc. v. Amazon.com, Inc. On March...more

No Arbitration Of Putative TCPA Class Action As Seventh Circuit Reverses District Court

by King & Spalding on

On March 22, 2018, the U.S. Court of Appeals for the Seventh Circuit, considering an interlocutory appeal, reversed a district court’s order granting a motion to compel arbitration of Telephone Consumer Protection Act...more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Fifth Circuit Affirms Waiver Of Arbitration Where Plaintiff First Sought To Compel Arbitration After Removal To Federal Court

by Carlton Fields on

This case concerned a business dispute between two physicians. Despite the arbitration clause contained in their agreement, Dr. Raju sued Dr. Murphy in state court....more

Federal Court in California Denies Remand of Climate Change Litigation

by Jones Day on

The Situation: In what may portend the beginning of the end to the latest chapter of U.S. filed state law "global warming" or climate change litigation against industry, a federal court in San Francisco denied a motion to...more

Ninth Circuit Reaffirms That Washington State’s Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

by Carlton Fields on

This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity. The District Court for the District of Oregon denied Philadelphia Indemnity’s motion to compel...more

A Practical Guide to Settling Class Action Cases on Appeal

This post provides practical guidance concerning the necessary procedures for maintaining a defendant’s appeal while seeking approval of a class settlement reached during the pendency of the appeal. There are commonly two...more

Undue Influence in Virginia: Does the Undue Influencer Have to Be a Beneficiary?

by LeClairRyan on

Without question, one of the most common estate disputes we see centers around allegations that one person unduly influenced another person to write (or re-write) a will or trust. The typical situation involves an elderly...more

Ninth Circuit Holds That Loss Causation Can Be Established Without Demonstrating That The Alleged Fraud Was Revealed To The Market...

by Shearman & Sterling LLP on

On January 31, 2018, the United States Court of Appeals for the Ninth Circuit affirmed in a per curiam decision a district court decision denying in part defendants’ motion for summary judgment on claims brought under...more

Rule 23(f) Petitions – Sixth Circuit Provides Guidance

When a defendant receives an adverse decision on a motion for class certification, whether the court of appeals grants permission to appeal under Rule 23(f) of the Federal Rules of Civil Procedure (or a state-court...more

Another Bite At The Apple, Another Opportunity for Appeal

by Strasburger & Price, LLP on

Many interlocutory orders in Texas state court can be immediately appealed, but only if a notice of appeal is filed within 20 days. The Texas Supreme Court, in City of Magnolia 4A Development Corporation v. Smedley, recently...more

CFPB Leadership Dispute: Impacts and Next Steps

by White & Case LLP on

A dramatic legal fight over interim leadership of the Consumer Financial Protection Bureau (CFPB or Bureau) saw its first round end November 28, 2017, when a federal judge denied a motion for a temporary restraining order...more

DOJ Bows Out of ManorCare FCA Case

by Bass, Berry & Sims PLC on

After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...more

Court Denies MF Global Holdings’ Bid To Appeal Bankruptcy Court Order Compelling Arbitration

by Carlton Fields on

On October 30, 2017 the Southern District of New York rejected MF Global Holdings’ (“MF Global”) latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute with...more

Celltrion Seeks Interlocutory Appeal of Standing Issue in Janssen v. Celltrion

by Goodwin on

As we previously reported, the United States District Court for the District of Massachusetts denied Celltrion’s motion to dismiss for lack of standing in the Janssen v. Celltrion case. On November 14, 2017, Celltrion filed a...more

Sixth Circuit Clarifies Where To Appeal In A Transferred Case

Last month, the Sixth Circuit subtly deepened a circuit split over a significant question of appellate jurisdiction within the federal courts: When a lawsuit begins in one U.S. district court but is transferred to a second...more

Judicial Proceedings Privilege Allows Appeal

by Strasburger & Price, LLP on

The Fifth Circuit recently held that an interlocutory appeal may be taken of an order denying summary judgment based upon the judicial proceedings privilege. See Bancpass, Incorporated v. Highway Toll Administration, LLC, No....more

Important Changes To The Tennessee Rules Of Appellate Procedure: Six Things You Need To Know

Effective July 1, 2017, the Tennessee Rules of Appellate Procedure have changed. Many of these changes were implemented to reflect the appellate court clerk’s implementation of electronic filing this year. Here’s what you...more

Labor Department to Withdraw Overtime Appeal

As a result of the August 31 ruling by a federal district court judge invalidating highly controversial proposed revisions to federal overtime regulations, the U.S. Department of Labor (DOL), now has filed a motion with the...more

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