News & Analysis as of

Motion for Reconsideration

Judge Netburn Holds That a Motion for Reconsideration is Not a Vehicle for Taking a “Second Bite at the Apple”

On November 29, 2017, United States Magistrate Judge Sarah Netburn (S.D.N.Y.) denied plaintiff Seoul Viosys Co., Ltd.'s ("Seoul Viosys") motion for reconsideration of the Court's claim construction ruling....more

So, You’re Telling Me I Have to Follow the Whole Rule?

In Smith v. Fedor, issued today, the South Carolina Court of Appeals found that a judge may dismiss a motion under Rule 59, SCRCP without considering the merits if it is not provided to the judge within ten days of filing....more

Court Chastises Parties for Turning Case into a “Discovery Slugfest”: eDiscovery Case Law

by CloudNine on

In UnitedHealthcare of Fla., Inc. et al. v. Am. Renal Assoc., Inc. et al., No. 16-cv-81180-Marra/Matthewman (S.D. Fla. Oct. 20, 2017), Florida Magistrate Judge William Matthewman granted in part and denied in part the...more

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

by Bowditch & Dewey on

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health...more

“Technically Speaking” – the Do’s and Don’ts of the New Maryland Electronic Filing Rules

by Pessin Katz Law, P.A. on

Currently 13 out of 24 counties in Maryland require electronic filing. Effective August 1, 2017, the Court’s Standing Committee of Rules of Practice and Procedure (the “Rules Committee”) revised the electronic filing rules to...more

Circuit Amends Decision Affirming Sentence Two Panel Members Deemed “Absurd,” Remands for Resentencing

On October 5, 2017 the Circuit published an amended opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), which supplanted a decision issued on September 11 that we covered in an earlier blog post. The...more

Ninth Circuit: Rule 23(F)’S Interlocutory Appeal Deadline Is Not Jurisdictional – Equitable Exceptions Apply To Extend The...

Under Federal Rule 23(f), parties have 14 days to petition for interlocutory review of an order granting or denying class certification. The federal appellate courts of appeals construe this deadline as “procedural” rather...more

Motion for Reconsideration Filed in Sarah Palin’s Defamation Case Against the New York Times

by Kelley Drye & Warren LLP on

Sarah Palin’s attorneys are trying to salvage her defamation claim against the New York Times – which was dismissed with prejudice by U.S. District Judge Jed Rakoff of the Southern District of New York only one month ago – by...more

Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case

by Jaburg Wilk on

The Takeaways - Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel. - The Hunton case continues the trend of Arizona...more

Ninth Circuit Tolls Rule 23(f) Deadline, Revives Aphrodisiac Class Action

by Carlton Fields on

Within 10 days after the district court decertified a Rule 23(b)(3) aphrodisiac dietary supplement class for failure to show a class wide method for calculating damages, plaintiff orally advised the court of his intention to...more

Federal Coal Combustion Residuals Rule: U.S. Environmental Protection Agency Administrator Grants Petition for Reconsideration

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt granted in a September 13th letter petitions for reconsideration from the Utility Solid Waste Activities Group (“USWAG”) and AES Puerto...more

Follow-on IPR Petitions are Unfair to Patent Owners and an Inefficient Use of the Process

In General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19, (September 6, 2017), and IPR2016-01358, IPR2016-01359, IPR2016-01360, and IPR2016-01361, an expanded panel of the PTAB denied...more

Appeal Held Moot and Dismissed By Court of Appeals

by LeClairRyan on

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were...more

Government Contracting 101: GAO Requests For Reconsideration

by Fox Rothschild LLP on

Government contractors usually find themselves appearing before the Government Accountability Office (GAO) on a bid protest for one of two reasons: (1) you believe that the government erroneously did not award a contract to...more

Be Careful What You Wish For, You Just Might Get It: Reconsidering When To Ask for Reconsideration

On July 12, 2017, District Judge Alvin K. Hellerstein granted a motion for reconsideration by Intellectual Ventures II L.L.C. (“IV”) of the Court’s prior Order of April 28, 2017. At the time of the motion, the only patent at...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

EPA’s Risk Management Plan (RMP) Final Rule Delayed

by Ruder Ware on

EPA’s new Risk Management Plan (“RMP”) Final Rule was to take effect on March 14, 2017. EPA has delayed the effective date until June 19, 2017, and has proposed a further delay until February 19, 2019, in light of industry...more

Play Ball! California Federal Court Reconsiders Order Denying Minor League Baseball Players’ Motion For Class Certification

by Carlton Fields on

The Northern District of California recently renewed hope in a minor league baseball player class action wage dispute by granting the plaintiffs class certification after they narrowed the class. The court had previously...more

Timing is Everything – GAO Refuses to Apply Jurisdiction Retroactively

by Bass, Berry & Sims PLC on

As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to hear most civilian agency task order protests (its jurisdiction over protest...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

In Summary Order, Second Circuit Provides Guidance to Courts Deciding Motions for Sentence Reductions

On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s...more

Democratic lawmakers/ Democratic state AGs/ consumer advocacy groups seek reconsideration en banc of motions to intervene in PHH...

by Ballard Spahr LLP on

After the D.C. Circuit panel issued a per curiam order on February 2 denying the three motions to intervene that were filed in the PHH case, we expected the next development in the case to be a decision by the D.C. Circuit on...more

Update on Bell Case Pending in Eastern District of Louisiana

by Miles & Stockbridge P.C. on

This post provides an update on the status of Bell v. Foster Wheeler Energy Corp., pending in the United States District Court for the Eastern District of Louisiana following a previous blog post examining the court’s order...more

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not...more

Pennsylvania District Court Rejects Effort to Certify Retained Asset Account Claims Against Prudential

by Carlton Fields on

In Huffman v. Prudential, a federal judge in the Eastern District of Pennsylvania recently rejected the plaintiffs’ effort to certify for class adjudication a claim for alleged breach of ERISA (alternatively, state law)...more

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Cybersecurity

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