News & Analysis as of

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Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2018 #4

The U.S. Supreme Court Slows Children's Climate Lawsuit - For Now - "In the latest step of a fascinating bit of constitutional law called Atmospheric Trust Litigation, the Chief Justice halted the District Court trial...more

Jones Day

PTAB Allows Patent Owner to Stay its Own Reissue Proceeding

by Jones Day on

35 U.S.C. § 315(d) and 37 C.F.R. 42.122(a) vest the PTAB with the power to stay, transfer, consolidate, or terminate any matter pending before the U.S. Patent and Trademark Office while an inter partes review involving the...more

Womble Bond Dickinson

A Bridge to Somewhere: Primary Jurisdiction Doctrine Applicable in TCPA Fax Cases and ATDS Suits Alike

by Womble Bond Dickinson on

The primary jurisdiction doctrine Eric wrote about a mere few weeks ago was on full display in a recent ruling granting a motion to stay in a junk-fax TCPA class action. In Scoma Chiropractic, P.A., et al v. Dental...more

Jackson Lewis P.C.

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

by Jackson Lewis P.C. on

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more

Jackson Lewis P.C.

Opposition to Travel Ban EO Includes Tech Firms and Others

by Jackson Lewis P.C. on

After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument,...more

Seyfarth Shaw LLP

Federal Appeals Court Upholds Halt on Trump Administration's Travel Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A three-judge panel in the Ninth Circuit Court of Appeals ruled against the Trump administration’s motion to reinstate the travel ban. Late on Thursday, February 9, the Ninth Circuit panel voted to...more

Dickinson Wright

Beacon Navigation GmbH v. General Motors, LLC

by Dickinson Wright on

On March 28, 2013, Beacon Navigation GmbH (“Plaintiff”) brought suit against General Motors, LLC (“Defendant”) alleging that the Defendant infringed United States Patent Nos. 6,360,167 and 5,878,368 (collectively, “the...more

Roetzel & Andress

UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals

by Roetzel & Andress on

Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more

Butler Snow LLP

Court Deals Setback to Trump's Immigration Policy

by Butler Snow LLP on

A federal appeals court on Thursday, February 9 unanimously ruled against President Trump’s controversial “travel ban” Executive Order that attempted to bar foreign nationals from a list of seven countries from entering the...more

Bass, Berry & Sims PLC

DOL’s Fiduciary Rule Still in Limbo after Trump Memo and Federal Judge’s Ruling

by Bass, Berry & Sims PLC on

Last week, President Trump issued a memorandum directing the Department of Labor (DOL) to reconsider implementation of the fiduciary rule. The fiduciary rule, which widens the scope of who is considered a “fiduciary” of an...more

Tonkon Torp LLP

Ninth Circuit Upholds Temporary Block on Travel Ban

by Tonkon Torp LLP on

On February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of,...more

Jones Day

Battle-Of-The-Stays - Chalk Up Another Victory to the Petitioners

by Jones Day on

The multiple flavors of review and prosecution at the Patent Office produce an environment where a patent family could be subject to inconsistent results. Conceivably, patents in a pre-AIA patent family could simultaneously...more

Snell & Wilmer

‘Standing Outside the Fire?’ D.C. Circuit Puts Off Question on House’s Standing to Sue Over ACA Subsidies—For Now

by Snell & Wilmer on

We will have to wait at least a bit longer—and perhaps indefinitely—to learn whether a striking ruling that members of Congress have standing to sue the executive branch over the funding of Affordable Care Act (ACA) subsidies...more

Goodwin

District Court Stays Janssen’s Infliximab Lawsuit Against HyClone

by Goodwin on

On November 15, 2016, the U.S. District Court for the District of Utah entered a stipulated order to stay Janssen’s pending lawsuit against HyClone Laboratories, which supplies cell culture media for manufacturing Celltrion’s...more

Ervin Cohen & Jessup LLP

How does a creditor obtain relief from a receivership stay order?

by Ervin Cohen & Jessup LLP on

QUESTION: I am a receiver in a case where the court issued an injunction staying all litigation and creditor action against the entity and assets in receivership. A secured creditor wants to foreclose on one of the estate’s...more

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

A Reprieve for Arizona Businesses: State Judge Stays More Than 1,100 Cases by Serial ADA Plaintiff

On September 23, 2016, an Arizona judge granted at least a temporary reprieve to more than 1,100 Arizona businesses that have been beleaguered by lawsuits alleging that their parking lots lack sufficient accessible parking...more

Foley Hoag LLP - Environmental Law

Forecast is Hazy For EPA’s Regional Haze Oversight Authority

Earlier this month, the 5th Circuit Court of Appeals stayed EPA’s disapproval of the Texas and Oklahoma regional haze state implementation plans, as well as EPA’s promulgation of its own federal implementation plan. The...more

Womble Bond Dickinson

Judge Totenberg Grants Stay of Litigation Pending IPR Proceeding

by Womble Bond Dickinson on

ETS-Lindgren, Inc. (“ETS”), as the assignee of U.S. Patent No. 8,331,869 ("the '869 patent") pertaining to testing wireless devices, brought an infringement action against MVG, Inc. (“MVG”), on May 28, 2015. MVG petitioned...more

Patterson Belknap Webb & Tyler LLP

Judge Briccetti Stays Patent Case Against a Customer Pending Resolution of Lawsuit Against Supplier

On June 3, 2016, District Judge Vincent L. Briccetti (S.D.N.Y.) stayed a patent infringement action brought by plaintiff Marine Travelift (“Marine”) against defendant K. Graefe & Sons Corp. (“Graefe”), pending the resolution...more

Dorsey & Whitney LLP

Dorsey’s TCPA Team Earns First-of-Its-Kind Order Staying Individual TCPA Case Pending D.C. Circuit’s Ruling on Consolidated Appeal...

by Dorsey & Whitney LLP on

On June 14, 2016, Dorsey’s Telephone Consumer Protection Act (“TCPA”) litigation team secured a stay in an individual TCPA case in the Northern District of Georgia pending the D.C. Circuit’s decision in ACA Int’l, et al. v....more

Searcy Denney Scarola Barnhart & Shipley

I Wish for a Happy Earth Day

April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more

McDermott Will & Emery

Unenforceability Due to Client Failure to Correct Counsel’s Misrepresentations to PTO - The Ohio Willow Wood Company v. Alps...

by McDermott Will & Emery on

In the ongoing saga between two manufacturers of liners for prosthetic limbs, the US Court of Appeals for the Federal Circuit confirmed a finding of inequitable conduct committed by the patent owner while the patent at issue...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered

There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent...more

Sheppard Mullin Richter & Hampton LLP

Patent Trial & Appeal Board Institutes 17 Inter Partes Reviews for TCL Communication Technology Holdings, LTD.

In Fiscal Year 2015, the Patent Trial and Appeal Board (“PTAB”) instituted inter partes reviews (“IPR”) on approximately 68% of petitions filed. Overcoming these odds, the PTAB recently instituted 17 out of 17 IPRs filed by...more

Clark Hill PLC

Clean Power Plan - Work Continues Despite Stay

by Clark Hill PLC on

Even though the U.S. Supreme Court has stayed the implementation of EPA’s Clean Power Plan, planning continues at the state level on carbon emission reduction strategies. ...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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How We Protect Your Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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