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Reversal Appellate Courts

Jones Day

Federal Circuit Reverses District Court’s Application Of Collateral Estoppel

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Kroy IP Holdings, LLC sued Groupon, Inc., alleging infringement of 13 claims of U.S. Patent No. 6,061,660 (“’660 patent’), which relates to incentive programs over computer networks. Those claims were invalidated via...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

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In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

Winstead PC

Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate...

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In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more

Carr Maloney P.C.

Due Process is due for sanctions under Va. Code § 8.01-271.1

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In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and...more

McGlinchey Stafford

California Court Upholds Coastal Commission’s Denial of HOA Seawall Permit

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On December 12, 2024, the Court of Appeal of the State of California reversed a writ of mandate and agreed with the California Coastal Commission’s (CCC) denial of a permit by the Casa Mira Homeowners Association for coastal...more

King & Spalding

New York Appellate Court Blocks Mezzanine Borrower’s Claim Against Lender for Breach of Implied Covenant of Good Faith and Fair...

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On October 5, 2023, the First Department of New York’s Appellate Division limited the ability of borrowers to use a claim for breach of the implied covenant of good faith and fair dealing as a club to prevent lenders from...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Jackson Lewis P.C.

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

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The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

Harris Beach Murtha PLLC

NY Appellate Court Addresses Engineer Testimony and Frye Hearing

New York’s Appellate Division, Second Department reversed a trial court order precluding defendants’ expert engineer from testifying, issuing a new trial on the issue of liability in a personal injury action stemming from a...more

King & Spalding

Fifth Circuit Reverses District Court’s Nationwide Injunction on ACA’s Preventive Care Coverage Mandates

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On June 21, 2024, a three-judge panel of the United States Court of Appeals for the Fifth Circuit issued an opinion in Braidwood Management Inc. et al. v. Xavier Becerra et al. reversing an injunction entered by the lower...more

A&O Shearman

New York Court Of Appeals Clarifies Application Of Internal Affairs Doctrine But Reverses Dismissal Of Fiduciary Duty Breach...

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On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants...more

Davies Ward Phillips & Vineberg LLP

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol...more

Wiley Rein LLP

California Appeals Court Allows Immediate Enforcement of CPRA Regulations

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On February 9, 2024, a California appellate court reversed a state trial court decision that delayed enforcement of California Privacy Rights Act (CPRA) regulations by one year. The CPRA—an approved ballot initiative that...more

BCLP

First “Insider Trading” Case Goes From Bad to Worse for CFTC

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On January 8, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed a jury’s verdict in a Commodity Futures Trading Commission (“CFTC”) enforcement action against EOX Holdings, L.L.C. (“EOX”) and its employee, Andrew...more

White and Williams LLP

The Sounds of Silence: Pennsylvania’s Sutton Rule

In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on...more

MG+M The Law Firm

Recent Sixth Circuit Decision May Define the Landscape of PFAS Litigation

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On November 27, 2023, the Sixth Circuit Court of Appeals issued an important decision reversing class certification that could significantly impact the future of PFAS litigation, particularly where plaintiffs have attempted...more

Weintraub Tobin

Federal Circuit Vacates VLSI’s $2.2 Billion Damage Award Against Intel

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On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation,...more

Patton Sullivan Brodehl LLP

Relying on a Void Quiet Title Judgment — Redux

In May 2021, Money and Dirt covered a case published by California’s Second Appellate District — Tsasu LLC v. U.S. Bank Trust, N.A. — holding that under Code of Civil Procedure section 764.060 (part of California’s Quiet...more

Husch Blackwell LLP

Missouri Court of Appeals Reverses $700,000 Post-Judgment Interest Award in Wrongful Death Case

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In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment....more

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

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

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

Hydraulic Fracking Services/Commercial General Liability Policy: Federal Appellate Court Addresses Coverage for Faulty Workmanship

Co-Author: Jenna Davidson The United States Court of Appeals for the Third Circuit (“Appellate Court”) addressed in a May 31st Opinion an insurance coverage question arising out of hydraulic fracking services being employed...more

King & Spalding

Georgia Appellate Court Rejects All Fee Non-Disclosure Claims Against Multifamily Lender

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On February 21, 2023, the Georgia Court of Appeals awarded multifamily real estate lender ORIX USA (and its affiliates) a complete victory in a decision affirming in part and reversing in part a summary judgment ruling...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Weighs in on Biometric Data Policies

An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written...more

Perkins Coie

Cannabis Legal Report – September 2022

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Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional - This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more

White and Williams LLP

In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable...

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In Bain v. Airoom, LLC, No. 1-21-001, 2022 Ill. App. LEXIS 241, the Appellate Court of Illinois (Appellate Court) considered whether the lower court erred in enforcing an arbitration clause in a construction contract between...more

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