Eighth Circuit Reverses Dismissal of Putative Class Claims
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
The Dangers of Untimely Filings – What Employers Need to Know
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
Podcast: South Dakota v. Wayfair
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument....more
Deliz v. Julia Rose Transport, --- N.Y.S.3d --- (N.Y. App. Div. 2d Dept. 2024) - In Deliz, the plaintiff presented an expert witness to testify that the most likely cause of the motor vehicle accident was that the defendant...more
On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the...more
Court: The Superior Court of New Jersey, Appellate Division - Johnson & Johnson has successfully appealed a $223.8 judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in...more
Earnest v. Sanofi U.S. Services et al, U.S. Circuit Court of Appeals for the Fifth Circuit, No. 20-30184 (Feb. 10, 2022) - The plaintiff sued Sanofi U.S. Services, Inc. and Sanofi-Aventis U.S., LLC in the Eastern District...more
On December 8, 2020, the Second Circuit Court of Appeals affirmed the Southern District of New York’s granting of summary judgment in favor of Bayer — and resulting closure of all cases against Bayer — in the Mirena...more
After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more
Webb v. Ellis, 2020 Tex. App. LEXIS 3527 (2020) - Brief Summary - A Texas appellate court reversed the trial court's grant of summary judgment in defendants' favor on plaintiffs' legal malpractice claim—which was based on...more
Schaeffer v. Thompson, Ala. Cov. App. LEXIS 25 (2020) - Brief Summary - The Alabama Civil Court of Appeals reversed a trial court's grant of summary judgment in favor of defendant on plaintiffs' legal malpractice claims,...more
HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more
In In re: Accutane Litigation (A-4952-16T1) — an appeal decided just 10 days after oral argument — the New Jersey Appellate Division applied the New Jersey Supreme Court’s landmark decision In re Accutane Litigation, 234 N.J....more
The US Court of Appeals for the Federal Circuit determined that a Patent Trial and Appeal Board (PTAB) finding regarding motivation to combine based only on conclusory expert testimony was not supported by substantial...more
In a recent precedential decision, TQ Delta, LLC v. Cisco Systems, Inc., the Federal Circuit reversed a pair of USPTO inter partes review proceedings that invalidated all claims of two related U.S. patents because “the...more
The Aftermath of Marsh - When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more
The Court of Appeals of Minnesota (“Court”) addressed in a March 25th opinion the denial of a Conditional-Use Permit (“CUP”) to construct and operate a one-megawatt solar energy system (“Solar Garden”). See In re An order...more
This month’s key employment law cases address meal periods and payment of wages....more
The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme...more
Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more
Federal Circuit Summaries - Before Prost, Newman, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: An unsupported expert opinion does not constitute substantial evidence to contradict a prior art...more
In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more
A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more
On October 17, 2017, the PTAB issued a final written decision in an IPR holding all claims unpatentable after the Federal Circuit vacated and remanded the PTAB’s previous final written decision. The PTAB reversed their...more
OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more
Do you want the good news or the bad news first? Well, the good news is that the Federal Circuit has begun reversing PTAB decisions on the merits for IPR proceedings. To be fair, in the Microsoft case, the Federal Circuit...more
In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more