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Array

This Week in eDiscovery: Industry Experts Weigh in on 2024 Predictions and a Discovery Violation Leads to a Vacated Judgment and...

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s blog covers the week of January 15-21. Here’s what’s...more

Goldberg Segalla

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

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Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Patterson Belknap Webb & Tyler LLP

Circuit Remands After Potential Brady Violation

Recently, the Second Circuit remanded a consolidated appeal of three cases to the district court to consider whether the government violated Brady such that new trials should be granted.  In United States v. Stillwell, Nos....more

Patterson Belknap Webb & Tyler LLP

Circuit Reverses Grant of New Trial, Clarifies High Standard for Rule 33 Motions

In United States v. Archer, the Second Circuit (Walker, Sullivan and Nathan, sitting by designation) reversed the grant of a Rule 33 motion for new trial in the Southern District of New York to Defendant Devon Archer,...more

McDermott Will & Emery

One Claim Construction Error Is Enough to Trigger New Trial on Infringement

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The US Court of Appeals for the Federal Circuit re-affirmed that incorrect construction of even a single claim element can be grounds for a new trial on infringement. Network-1 Technologies, Inc. v. Hewlett-Packard Company,...more

Fox Rothschild LLP

Resisting The Urge To Give The Trial Court One Last Chance—Déjà Vu

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Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun, but it is often necessary. Indeed, the Appellate Rules usually...more

Knobbe Martens

Time Is of the Essence: Preserve Objections to the Jury Instructions

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HAFCO FOUNDRY AND MACHINE CO. v. GMS MINE REPAIR - Before Newman, Chen, and Stoll. Opinion filed per curiam. Appeal from the Southern District of West Virginia. Summary: Objections to jury instructions should be timely...more

International Lawyers Network

Joint authorship of copyright: UK Court of Appeal tears up the script

A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer –...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2019 #2

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2013-1527, 2014-1121, -1526, -1528 (Fed. Cir. Jan. 11, 2019) - In the continuing saga between WesternGeco and ION Geophysical, a Federal...more

Seyfarth Shaw LLP

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

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Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

Winstead PC

Court Reverses New Trial Order After A Jury Verdict On A Trust Dispute

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In In re Jones, there was a jury trial on the issue of whether a revocable trust was revoked such that the trustee, Jones, or the settlor’s executor, Coyle, had the right to the trust assets. No. 05-16-0081-CV, 2016 Tex. App....more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries

In last year’s Young decision, the U.S. Supreme Court found that an employer could not exclude pregnant employees from participation in a light duty work program absent demonstration of significant burdens that would result...more

WilmerHale

Federal Circuit Patent Updates - April 2016

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Mankes v. Vivid Seats Ltd. (No. 2015-1909, 4/22/16) (Taranto, Schall, Chen) - Taranto, J. Vacating judgment on the pleadings dismissing cases for inadequately pleading divided infringement and remanding for...more

McDermott Will & Emery

Reversal of Narrow Claim Construction Results in Satisfaction of Claim Element (Avid Technologies, Inc. v. Harmonic, Inc.)

Addressing the standard to establish a “clear and unmistakable” disclaimer of claim scope during prosecution, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s narrow claim construction and...more

McDermott Will & Emery

Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex (Wi-LAN, Inc. v. Apple, Inc.)

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After a jury found non-infringement and invalidity of two asserted patent claims, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s denial of the patent owner’s judgment as a matter of law (JMOL)...more

Morris James LLP

Retrial Is Granted In HVAC Patent Dispute

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Robinson, J. Plaintiff’s motion for permanent injunction is moot. Defendants’ post-trial motions are granted in part and denied in part. The disputed technology relates to self-configuring controls for HVAC systems. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

Avid Technology, Inc. v. Harmonic, Inc. (Fed. Cir. 2016) - Lesson for Defendant-Appellee's: Provide Responsive Arguments on Appeal

On January 29, 2016, the Federal Circuit issued an Opinion in Avid Technology, Inc. v. Harmonic, Inc. in which the judgment of the District Court was vacated, and the case was remanded for a new trial on infringement. Avid...more

McDermott Will & Emery

Design Patentees Are Entitled to Infringers’ Unapportioned Total Profits - Nordock, Inc. v. Systems Inc.

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In an opinion addressing the proper measure of damages for design patent infringement, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion for a new trial on...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Foley Hoag LLP

Product Liability Update - October 2015

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Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Arnall Golden Gregory LLP

Toumey Healthcare Settles False Claims Act Suit for $72 Million

In a long-running False Claims Act case with significant implications for hospitals, Toumey Healthcare System last week agreed to settle its case by paying $72.4 million to the government. While this sum is significant, it is...more

Morris James LLP

Post-Trial Relief Is Denied Except For The Calculation Of Pre-Judgment Interest

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The disputed technology relates to using internet technology to route calls through a network. A 6-day jury trial took place in October 2014 resulting in a jury verdict for plaintiff. The court finds there was sufficient...more

McDermott Will & Emery

Tuomey’s Appeal of $237M False Claims Act Judgment Denied by the Fourth Circuit

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In This Issue: - Background - Tuomey’s Second Appeal to the Fourth Circuit - The Trial Court’s Grant of a New Trial - Tuomey’s Request for Judgement as a Matter of Law on the Stark Law and FCA Issues ...more

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