News & Analysis as of

Vacatur

McDermott Will & Emery

Due Diligence Deficit Sinks Fraud Claims in Trademark Battle

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have...more

King & Spalding

Louisiana Seeks Vacatur of EPA Regulations Imposing Disparate Impact Requirements; 23 States Petition EPA to Amend Title VI of the...

King & Spalding on

A hallmark of the Biden Administration’s approach to environmental justice has been using preexisting authorities to advance its agenda, none more so than Title VI of the Civil Rights Act. That approach now faces several...more

Freiberger Haber LLP

Personal Jurisdiction and the Vacatur of Defaults

Freiberger Haber LLP on

By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.”  Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates due process...more

Adams and Reese LLP

Texas Court Strikes Down Enforcement of NLRB Joint-Employer Rule - Implications of the Decision

Adams and Reese LLP on

U.S. District Judge J. Campbell Barker vacated the National Labor Relations Board’s new rule on determining joint-employer status. The March 8 decision comes as the conclusion to a legal challenge brought against the rule in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more

McDermott Will & Emery

Word From on High: Provide Reasoned Explanation When Departing From Established Practice

McDermott Will & Emery on

In a decision on motion in an appeal from the Trademark Trial & Appeal Board, the US Court of Appeals for the Federal Circuit admonished the Board on remand to “furnish a reasoned explanation” when departing from its...more

Troutman Pepper

Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Troutman Pepper on

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

Troutman Pepper

A More Even Field: The Eleventh Circuit Overrules Its Precedent and Joins Most Circuits on the Applicability of Domestic FAA...

Troutman Pepper on

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

Troutman Pepper

EDVA Judge Denies Motion to Vacate Ruling After Settlement

Troutman Pepper on

In significant and hard-fought litigation, it is not uncommon for parties to reach a settlement that includes an agreement to jointly move the court to vacate earlier rulings on key motions in the case. For a settling...more

Allen Matkins

Characterization Of Litigation Funding Loan Proves Costly To Litigation Finance Lender

Allen Matkins on

Yesterday, the California Supreme Court issued its opinion in Law Finance Group, LLC v. Key, 2023 WL 4168752.  The Court's opinion answers the question of whether the deadline for seeking vacatur of an arbitral award set...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Foley Hoag LLP - Environmental Law

Another NEPA Obstacle To Coal Mining

Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more

Burr & Forman

Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

Burr & Forman on

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the...more

Saiber LLC

Third Circuit Clarifies Authority to Review Remand Orders

Saiber LLC on

In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Arbitration and Social Media

This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...more

Knobbe Martens

Vacated Vacatur Terminates Termination

Knobbe Martens on

POLARIS INNOVATIONS LIMITED v. BRENT - Before Prost, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board - Summary: Affirming the Board’s decision not to terminate case remanded under Arthrex I and upholding...more

Nossaman LLP

9th Circuit Puts ESA Rules Vacatur on Hold

Nossaman LLP on

On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several...more

Burr & Forman

Georgia Appellate Court Rejects Panel Manipulation Claims, Reverses Vacatur

Burr & Forman on

Last January, an aggressive bid to vacate an arbitration defeat raised claims that a large bank’s brokerage unit and its counsel manipulated FINRA’s arbitrator-selection process through a “secret agreement.” The Georgia...more

Fitch, Even, Tabin & Flannery LLP

Stock Ownership Leads to Vacatur of $2.75B District Court Judgment

On June 23, in Centripetal Networks, Inc. v. Cisco Systems Inc., the Federal Circuit vacated judgment of the district court because stock held by the judge’s wife violated the recusal statute and was not harmless error. The...more

McDermott Will & Emery

Patent Infringement Verdict Nixed over Judge’s Stock Ownership

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court’s opinions and orders and remanded the case for further proceedings before a different district court judge because the original judge had failed to...more

Burr & Forman

FINRA Report Denies Arbitrator Selection Manipulation

Burr & Forman on

On June 29, 2022, FINRA released the report of its independent investigation, concluding that allegations of a “secret agreement” to avoid certain arbitrators on an industry lawyer’s cases were untrue. The allegations...more

McDermott Will & Emery

Since Vacatur Seeks Equitable Relief, Clean Hands Matter

McDermott Will & Emery on

In an opinion related to its 2021 ruling that a decision in earlier inter partes reexaminations of related patents had a preclusive effect that collaterally estopped the Patent Trial & Appeal Board (Board) from making new...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2022 #3

Novartis Pharms. Corp. v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. June 21, 2022) - In this week’s Case of the Week, the Federal Circuit granted panel rehearing of and vacated its prior decision in Novartis...more

Perkins Coie

Supreme Court Reinstates Injunction Against Texas Social Media Law

Perkins Coie on

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to...more

Knobbe Martens

Board Has Final Say on Time Bar Decisions

Knobbe Martens on

ATLANTA GAS LIGHT COMPANY v. BENNETT REGULATOR GUARDS, INC. Before Newman, Lourie, and Stoll - Summary: Termination decision made by the Board in part based on the time-bar was “intimately related” to the institution...more

117 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide