Fish Post-Grant Radio: Episode #13: Rick Bisenius
Fallout from the Fintiv Precedential Decision
JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?
A recent en banc Federal Circuit decision overruled the unique test for obviousness of design patents and advised that the same analysis should apply to both utility patents and design patents. LKQ Corporation v. GM Global...more
On Tuesday, the en banc Federal Circuit released its highly anticipated decision in LKQ v. GM Global Technology Operations LLC, rejecting as “improperly rigid” the previous standard for evaluating whether a design patent is...more
On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more
As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award...more
Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more
On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The federal Equal Pay Act (EPA) requires “equal pay for equal work regardless of sex,” subject to four exceptions. ...more
On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more
Seyfarth Synopsis: The Ninth Circuit, in an en banc decision following remand from the Supreme Court, held that employers cannot justify pay disparities under the federal Equal Pay Act by showing that those disparities are...more
The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more
In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary. ...more
The US Supreme Court issued a per curiam opinion on February 25 vacating and remanding the US Court of Appeals for the Ninth Circuit’s en banc opinion in Rizo v. Yovino, in which the Ninth Circuit held that prior pay cannot...more
On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on...more
Seyfarth Synopsis: On technical grounds, the Supreme Court vacated the Ninth Circuit’s decision on the use of prior salary to explain pay differences under federal law....more
On Monday, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Rizo v. Yovino regarding the use of salary history information to determine wages, finding that, because Judge Stephen Reinhardt was deceased and...more
Today, the Supreme Court issued one decision: Yovino v. Rizo, No. 18-272: Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the...more
On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an...more
This morning the Supreme Court sent a blockbuster case back to the Ninth Circuit to be reconsidered because the judge who actually wrote the Ninth Circuit’s majority decision had passed away before it issued. The plaintiff...more
On February 25, 2019, the U.S. Supreme Court decided Yovino v. Rizo, holding that the federal courts may not count the vote of a judge who dies before the decision is issued, even if the judge had indicated a vote before he...more
The Supreme Court took the unusual step today of vacating a 2018 federal appeals court decision because one of the judges counted in the majority was deceased by the time the decision was published, reversing a landmark pay...more
GoPro, Inc. v. Contour IP Holding, LLC, Appeal Nos. 2017-1894, -1936 (Fed. Cir. Nov. 1, 2018)- In its only precedential decision in the past three weeks, the Federal Circuit denied a petition for rehearing en banc and...more
On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court’s dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the “ATS”) 28.U.S.C...more