News & Analysis as of

Motion To Reconsider

McDermott Will & Emery

Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that there was no actionable infringement where an uncompleted building sold under the authority of a bankruptcy court was later completed....more

Carlton Fields

First Circuit Holds That Motion to Reconsider Appealable Interlocutory Order Denying Motion to Compel Arbitration Is Not...

Carlton Fields on

In Powers v. Receivables Performance Management, LLC, the First Circuit Court of Appeals considered the defendant’s interlocutory appeal of the denial of a motion to reconsider an underlying denial of its motion to compel...more

Fox Rothschild LLP

Judge Andrews Denies Plaintiff’s Motion To Reconsider Prior Order Dismissing All Counts Of Complaint With Prejudice

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Richard G. Andrews in Dr. Laskhmi Arunachalam v. Citigroup Inc. et al., Civil Action No. 14-373-RGA (D.Del. December 4, 2020), the Court denied the motion of plaintiff to...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court Approves Sale of Assets to Third Party Despite Stalking Horse Bad Faith Allegations Against Purchaser

United States Bankruptcy Judge John E. Waites approved a sale of substantially all the assets of a small business Chapter 11 Debtor over the protests of a “Stalking Horse” bidder who claimed the successful bidder was acting...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB Moves Ahead With New Election Regs That Were Not Blocked By Federal Judge

The National Labor Relations Board has announced that it will move forward with parts of its new election regulations that were not blocked by a May 30 order from a federal judge in the District of Columbia. The election...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up – June and July 2019

Fish & Richardson on

This post continues our monthly summary of patent litigation in the District of Minnesota, including short summaries of various substantive orders issued in pending cases....more

Smart & Biggar

FCA upholds issuance of NON-W letter and cancellation of reconsideration process for Apotex omeprazole magnesium tablet ANDS

Smart & Biggar on

On April 24, 2019, the Federal Court of Appeal (FCA) affirmed the Federal Court’s (FC) dismissal of Apotex’s application for judicial review of a decision by the Minister of Health relating to its Apo-Omeprazole (omeprazole...more

Shutts & Bowen LLP

The Rules, They Are A Changin’: Recent Amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial...

Shutts & Bowen LLP on

Several significant amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration will take effect on January 1, 2019. These amendments were outlined in three recent Florida Supreme...more

Carlton Fields

Tenth Circuit Finds Plaintiffs’ Settle And Dismiss Strategy Unappealing

Carlton Fields on

Following Supreme Court precedent, the Tenth Circuit recently held that plaintiffs’ settlement and voluntary dismissal of their claims did not transform the court’s interlocutory order denying class certification into a...more

Fox Rothschild LLP

Chief Judge Stark Denies Plaintiff’s Motion For Partial Reconsideration Of Claim Construction Order

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Siemens Industry, Inc. v. Westinghouse Air Brake Tech. Corp. et al., Civil Action No. 16-284-LPS (D.Del. June 20, 2018), the Court denied Plaintiff Siemens...more

Husch Blackwell LLP

Eastern District Of Missouri Denies Plaintiff’s Motion To Reconsider Personal Jurisdiction Ruling

Husch Blackwell LLP on

The United States District Court for the Eastern District of Missouri recently denied an asbestos plaintiff’s motion for reconsideration of the court’s previous grant of defendants’ motion to dismiss for lack of personal...more

Carlton Fields

Bankruptcy Court Grants MF Global Holdings’ Motion To Reconsider Decision To Compel Arbitration In Bermuda, But Reaches Same...

Carlton Fields on

On September 6, 2017, the Bankruptcy Court for the Southern District of New York issued the latest order in the ongoing coverage battle between MF Global Holdings (“MF Global”) and Allied World Assurance Company regarding the...more

Carlton Fields

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

Carlton Fields on

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

Patterson Belknap Webb & Tyler LLP

In Summary Order, Court Remands Obstruction Enhancement for Further Findings of Fact

In a summary order issued yesterday in United States v. Munteanu, No. 16-1254, the Second Circuit (Winter, Cabranes, Lynch) reiterated that a district court must make findings of fact before imposing an obstruction of justice...more

Patterson Belknap Webb & Tyler LLP

Judge Forrest Vacates Judge Scheindlin’s Prior Decision Invalidating TiVo Patents Under § 101

On November 29, 2016, District Judge Katherine B. Forrest (S.D.N.Y.) vacated the February 22, 2016 decision of Judge Shira A. Scheindlin, which had granted a motion to dismiss, brought by alleged infringers TNS Media...more

McAfee & Taft

Gavel to Gavel: Summary judgment, or letting the judge do her job

McAfee & Taft on

Justice is blind, but judges are not. That is why judges are empowered, through a process called summary judgment, to decide whether a case deserves to go to trial. But while the law trusts trial judges to discern...more

Morris James LLP

Motions To Amend Judgments On Anticipation And Infringement Are Denied

Morris James LLP on

During trial the orally court granted plaintiffs motion for judgment of partial findings on lack of anticipation and indefiniteness. It further ruled in favor of plaintiffs finding that “fesoterodine” includes the salt form...more

Robinson+Cole RLUIPA Defense

RLUIPA Round-Up

Below are news items from the past week involving local government, religion, and land use that have caught our attention. The United States District Court for the Eastern District of New York has issued a Memorandum and...more

Alston & Bird

California Federal Court Is Unpersuaded By A Recent Fourth Circuit False Advertising Decision In Reconsidering Its Ruling On A...

Alston & Bird on

The Honorable John A. Kronstadt for United States Federal District for the Central District of California, denied a Defendant’s motion to reconsider his previous ruling on a motion to dismiss based upon a subsequent Fourth...more

Carlton Fields

Reinsurer’s Motion For Reconsideration Over Liability Caps Denied

Carlton Fields on

In a case on which we previously reported, a federal court in New York recently denied plaintiff insurer’s motion to reconsider the court’s order granting defendant reinsurer’s motion for partial summary judgment. In that...more

Sherman & Howard L.L.C.

Court Order Trumps Board

What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July...more

Carlton Fields

Seeing the Finish Line: Courts Increasingly Exempt Claims-Made Policies from the Notice Prejudice Rule

Carlton Fields on

In a majority of jurisdictions, the “notice-prejudice rule” provides that an insurer may not deny a claim on grounds of late notice without demonstrating prejudice. The rule is statutory in some states and judicially crafted...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - December 2014: DISTRICT COURT CASES: A Contrary Construction from Reexamination Is No Basis to Reconsider a...

On December 10, 2014, the Southern District of New York denied plaintiff’s motion to reconsider a 2006 claim construction ruling and vacate a related summary judgment order. Plaintiff requested the relief following a contrary...more

Morrison & Foerster LLP - Class Dismissed

Second Time’s a Charm: “Evaporated Cane Juice” Claims Tossed in Chobani Yogurt Case on Motion for Reconsideration

Judge Koh in the Northern District of California recently issued a strong ruling in favor of Chobani, Inc. on a motion to reconsider her prior ruling on Chobani’s motion to dismiss. Kane v. Chobani, Inc., No....more

Manatt, Phelps & Phillips, LLP

Time and Tide Wait for No Appellant: A Recent Ninth Circuit Decision Reflects the Importance of Determining When a Post-Judgment...

A recent Ninth Circuit decision makes clear that federal appellate procedure adheres to an old maxim: time and tide wait for no man. In other words, if you intend to appeal a decision in federal court, do not wait around. In...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide