Patently O

MAY 23, 2023

2023) , the court has affirmed a district court denial of attorney fees for the successful defendant. Attorney Fees: After winning on the merits, FMC moved for attorney fees and non-taxable costs. The district court denied those costs, finding the case to be not exceptional. FMC Tech (Fed.

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Attorney Construction Litigating Litigation 75

Law 360

JUNE 28, 2024

Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

Litigation 52

Litigation Litigating Court Decisions Attorney 52

Law 360

DECEMBER 8, 2023

Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted.

Attorney 52

Attorney Court Decisions Litigation Litigating 52

Law 360

AUGUST 13, 2021

Supreme Court's decision in Facebook v. Duguid closes one door to potential Telephone Consumer Protection Act lawsuits, Florida's newly amended state law — featuring a broader autodialer definition — has opened another, say attorneys at Buchanan Ingersoll. Although the U.S.

Litigation 52

Litigation Litigating Laws Court Decisions 52

Law 360

JUNE 20, 2023

Supreme Court's decision in Polansky v. Executive Health Resources reaffirms that the government has final say in False Claims Act cases, allowing for meaningful guardrails that deter private litigators from seeking to regulate industries that Congress has delegated to expert administrative agencies, say attorneys at Ropes & Gray.

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Litigation Litigating Court Court Decisions 40

Patently O

DECEMBER 11, 2022

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

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Stare Decisis Court Decisions Litigation Litigating 131

Law 360

DECEMBER 19, 2024

Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

Court Decisions 52

Court Decisions Litigation Litigating Attorney 52

Law 360

MARCH 7, 2025

Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

Court Decisions 52

Court Decisions Litigation Litigating Attorney 52

Law 360

APRIL 23, 2024

A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.

Court Decisions 52

Court Decisions Litigation Litigating Attorney 52

Law 360

JULY 22, 2021

Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper. While the U.S.

Court Decisions 52

Court Decisions Litigation Litigating Attorney 52

SCOTUSBlog

JUNE 4, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether the 2nd Circuit’s decision in December granting the state an early-stage victory in the litigation ran afoul of the Second Amendment. Agreeing with the challengers, the lower courts put different parts of the law on hold.

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Laws Court Litigation Litigating 110

FDA Law Blog

DECEMBER 7, 2023

Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. In his conference keynote address , Arun Rao—the Deputy Assistant Attorney General for DOJ’s Consumer Protection Branch—provided an overview of DOJ’s year in FDA enforcement.

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Litigation Litigating Diligence Manufacturing 52

SCOTUSBlog

DECEMBER 5, 2023

The court unanimously agreed that the case was moot – that is, no longer a live controversy – because the plaintiff in the case, Deborah Laufer, had voluntarily dismissed her lawsuit in the lower court. This article was originally published at Howe on the Court.

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Litigation Litigating Legal Legal 111

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Litigation Litigating Attorney Court 40

Law 360

SEPTEMBER 23, 2022

Supreme Court decision in concluding that an arbitration agreement precluded a Lowe's worker from litigating wage claims under California's Private Attorneys General Act, kicking the suit to arbitration. A California federal judge cited a recent U.S.

Court Decisions 40

Court Decisions Litigation Litigating Attorney 40

The IP Law Blog

JULY 15, 2021

Since these Supreme Court decisions, the Court of Appeals for the Federal Circuit has applied this two-step test and issued a number of opinions as to whether a particular subject matter is patent-eligible. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Laws Technology Litigation Litigating 109

Law 360

AUGUST 29, 2022

Recent state court decisions mirroring procedures employed by the Delaware Chancery Court to short-circuit the adjudication of disputes concerning ultra vires corporate acts are a welcome sign for parties who are required to litigate their corporate disputes outside of Delaware, say attorneys at Akerman.

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Court Court Decisions Litigation Litigating 40

ClimateChange-ClimateLaw

DECEMBER 21, 2021

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

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Legal Legal Court Litigation 81

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. This case was appealed to the Supreme Court and was closed with that Court’s refusal to review the case.

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Patently O

FEBRUARY 24, 2022

Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The court also found the case exceptional and awarded attorney fees to the defendant.

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Laws Court Litigation Litigating 95

Patently O

AUGUST 18, 2022

Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.

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Litigation Litigating Court Statute 75

Patently O

AUGUST 19, 2022

At times, a court can look to other relevant evidence, but only when the ANDA filing fails to “speak clearly and directly to the question of infringement.” ” Rather, the court assumes that the ANDA filer will “act in full compliance with its representations to the FDA.” 3d 1366, 1378 (Fed.

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Court Court Decisions Litigation Litigating 87

FDA Law Blog

AUGUST 29, 2021

This policy, announced by then Associate Attorney General Rachel Brand in 2018 was referred to as the Brand Memo. The memorandum cites the 2019 Supreme Court decision, Kisor v. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. Wilkie , 139 S.

Attorney 52

Attorney Government Lawyers Lawyer 52

SCOTUSBlog

JANUARY 10, 2022

The INA permits detention beyond the 90-day removal period for certain inadmissible noncitizens or those “determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal.” The Supreme Court previously held that the post-removal statute contains an implicit time limit. Guzman Chavez.

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Immigration Statute Government Court 144

Conflict of Laws

JANUARY 30, 2024

The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children. It suggests that Japan might consider recognizing parentage through foreign decisions. attorneys with limited budgets.

Laws 59

Laws Divorce Legal Legal 59

Conflict of Laws

SEPTEMBER 30, 2024

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.

Cause of Action 64

Cause of Action Divorce Lawyers Lawyer 64

ClimateChange-ClimateLaw

NOVEMBER 22, 2022

” The Bandung Administrative Court decided in the plaintiffs’ favour earlier this November. This is Indonesia’s first court decision invalidating a carbon intensive project due to failure to assess climate impacts in its environmental assessment. Mae Manupipatpong is a senior associate attorney at Earthjustice.

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Government Litigation Litigating Attorney 80

Conflict of Laws

MAY 31, 2021

The purpose of this write up is to briefly highlight the confusion on the concept of jurisdiction in Nigerian conflict of laws through the lens of a very recently reported case (reported last week) of Attorney General of Yobe State v Maska & Ano r. (“ Maska” ). [2]. 3] Attorney General of Yobe State v Maska & Ano (2021) 7 NWLR (Pt.

Contract 98

Contract Cause of Action Court Laws 98

Conflict of Laws

AUGUST 22, 2023

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.

Cause of Action 52

Cause of Action Divorce Court Rules Lawyers 52

Conflict of Laws

AUGUST 24, 2022

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.

Compensatory Damages 52

Compensatory Damages Punitive Damages Cause of Action Divorce 52

JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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Court Decisions Court Statute Government 249

The IP Law Blog

DECEMBER 2, 2021

Supreme Court decision that had undercut the Ninth Circuit’s prior analysis. The Ninth Circuit concluded that it would not disturb the district court’s findings as to the reports of the parties’ various experts and therefore affirmed summary judgment in favor of the defendants. Goldsmith, 11 F.4 4 th 26 (2 nd Cir.

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Court Legal Legal Court Decisions 98

JURIST

MARCH 26, 2025

US District Judge Stephen Locher issued the preliminary injunction after reconsidering the law, known as Senate File 496 , under instructions from a federal appeals court that had vacated his earlier injunction. That standard, Judge Locher wrote, went beyond the US Supreme Court’s well-established precedent on obscenity for minors.

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Litigation Litigating Court Decisions Attorney 210

Conflict of Laws

MAY 6, 2024

They must be examined by the courts in Kenya for them to gain recognition and to be enforced’ [para 66]. ’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts.

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Court Laws Statute Litigation 69

Patently O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. At oral arguments, Allgenesis attorney Don Mizerk stated plainly that its client was practicing the invention, but that attorney statement was insufficient. Inter partes review is not unique. 22-1706 (Fed.

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Court Finance Attorney Court Decisions 49

Broadcast Law Blog

OCTOBER 9, 2022

FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ).

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Drafting Construction Government Calendaring 59

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

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Contract Court Statute Court Decisions 64