News & Analysis as of

Motion for Summary Judgment Remand

Marshall Dennehey

Pennsylvania Superior Court Vacates Summary Judgment Due to Procedural Error in Response Time

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Jordan v. Lynde, 330 A.3d 817 (Pa. Super. Ct. 2024) - The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P....more

Mitchell, Williams, Selig, Gates & Woodyard,...

§1926(b)/Rural Water Associations: Federal Appellate Court Addresses Whether Municipality Could Provide Service

The United States District Court of Appeals for the Tenth Circuit (App. Ct.) addressed in a September 18th Opinion an issue arising out of the application of 7 U.S.C. §1926(b). See Deer Creek Water Corporation v. City of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Rusty Patched Bumble Bee/Endangered Species Act: Federal Court Addresses U.S. Fish and Wildlife Services Denial of Critical...

The United States District Court for the District of Columbia (“Court”) in an August 11th Memorandum Opinion (“Opinion”) addressed an issue arising under the Endangered Species Act (“ESA”). See Natural Resources Defense...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: John Bean Techs. Corp. v. Morris & Assocs., Inc.,...

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Butler Snow LLP

Disagreement of the minds? Texas Supreme Court hears arguments on implied revocation contracts doctrine.

Butler Snow LLP on

“Meeting of the minds” is a phrase that every lawyer remembers spoken in the voice of their 1L contracts professor. Amid the explanation of offer, acceptance, and the ever-perplexing concept of consideration, the objective...more

Knobbe Martens

Natural Law and Nothing More

Knobbe Martens on

AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the District Court for the District of Delaware. Summary: Claims directed to a law of nature, without more, may not be...more

Knobbe Martens

Intrinsic Evidence Establishing the Context of a Claim Term Can Limit Claim Scope

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MCRO, INC. v. BANDAI NAMCO GAMES AMERICA - Before Reyna, Mayer and Taranto. Appeal from the United States District Court for the Central District of California. Summary: The scope of a claim term may be limited when...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #4

PATENT CASE OF THE WEEK - Arctic Cat Inc. v. Bombardier Recreational Products Inc., Appeal No. 2019-1080 (Fed. Cir. Feb. 19, 2020) - In this week’s Case of the Week, the Federal Circuit addresses issues relating to the...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ninth Circuit Reverses Award of Attorneys' Fees

In Gorbacheva v. Abbott Laboratories Extended Disability Plan, et al., 29 U.S. App. LEXIS 36542 (N.D. Cal. Dec. 10, 2019), the Ninth Circuit reversed a district court's award of attorneys' fees to an ERISA claimant as...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Genova Burns LLC

Appellate Division Again Reminds Employers: Don't Rush the Interactive Process, You've Made that Mistake Before

Genova Burns LLC on

On December 6, 2019, the New Jersey Appellate Division in V. L. v. Hunterdon Healthcare et. al., reversed and remanded a trial court’s order dismissing an employee’s claims of disability discrimination and retaliatory...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Does Adding a Logo to a Copycat Product Qualify as a Successful Design Around?

On November 13, 2019 the Federal Circuit issued an opinion in Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc. (2018-1329, -1331, -1728). The case involved appeals from both Columbia and Seirus...more

Knobbe Martens

Federal Circuit Review - October 2019

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The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

Steptoe & Johnson PLLC on

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

Sheppard Mullin Richter & Hampton LLP

The Eleventh Circuit Remands AseraCare, But Affirms High Hurdle for Proving Falsity

In a highly anticipated opinion in the AseraCare case, issued on September 9, 2019, the Eleventh Circuit Court of Appeals affirmed the district court’s holding that “a clinical judgment of terminal illness warranting hospice...more

Mintz - Health Care Viewpoints

Eleventh Circuit Rules in AseraCare Case that Disagreements in Clinical Judgment, Without Objective Falsity, Do Not Prove Fraud...

On Monday, the U.S. Court of Appeals for the Eleventh Circuit issued its long-awaited and closely watched decision in United States v. AseraCare Inc.. The court ruled that a claim cannot be deemed false under the False Claims...more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Nutter McClennen & Fish LLP

Insurer Prohibited from Relitigating Issue 'Necessarily Determined' by Federal Court

Judge Sanders granted partial summary judgment in favor of Raw Seafoods, Inc. (RSI), a seafood processor, in a coverage dispute with its insurer, Hanover Insurance Group (Hanover). Judge Sanders held that Hanover was bound by...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Foley Hoag LLP - Environmental Law

Can You Say “Pyrrhic Victory”?

In 2008, EPA issued an administrative order to Chantell and Michael Sackett, requiring them to remove what EPA had concluded was illegally placed fill on their property in Northern Idaho. Litigation followed, including a...more

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

Berkheimer v. HP Inc.

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Federal Circuit Summaries - Before Moore, Taranto, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: (1) Terms of degree, including “minimal,” may render claims...more

Winstead PC

Court Reversed Summary Judgment For A Client As Against His Financial Advisor

Winstead PC on

In Kang v. Song, Song sued Kang for fraud, violations of the Texas Securities Act, violations of Texas’s Deceptive Trade Practices Act (DTPA), breach of fiduciary duty, negligent misrepresentation, breach of contract, and...more

Seyfarth Shaw LLP

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

Seyfarth Shaw LLP on

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

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