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Your search for Articles on appellate practice, found 1644 article(s).

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1 Seventh Circuit Bars Rescission Class Actions In TILA Cases
Jeffrey W. Sarles, Scott A. Anenberg, Jeffrey P. Taft, Lucia Nale; Mayer Brown LLP;
October 10, 2008, previously published on September 25, 2008
On September 24, 2008, the Seventh Circuit held that rescission of a mortgage - one of the remedies available under the Truth in Lending Act (TILA) - may not be awarded to an entire class of borrowers.

2 Employer Must Pay for Travel and Non-Work Time Related to Treatment for OSHA Injuries Third Circuit Rules
Robert P. Davis, Julian Wentworth Roskill, Marcia E. Goodman, Duncan Arthur William Abate; Mayer Brown LLP;
October 10, 2008, previously published on September 29, 2008
Employers must compensate employees for travel expenses and non-work time related to treatment and follow-up care for exposure to blood-borne diseases while on the job under the Occupational Safety and Health Act ("OSHA").

3 9th Circuit Court Of Appeals Reverses Auburn Case
T. Scott Thompson, Robert G. Scott, Martin L. Fineman; Davis Wright Tremaine LLP;
October 9, 2008, previously published on September 2008
On Thursday Sept. 11, 2008, the U.S. Court of Appeals for the 9th Circuit explicitly reversed its 2001 decision in City of Auburn v. Qwest Corp, a leading case supporting the deregulatory, pro-deployment goals of the 1996 Telecommunications Act.

4 Revised DOJ Guidelines Alter Legal Landscape for Companies Under Investigation
Whitney C. Ellerman, Steven P. Solow, Kenneth D. Bell; Hunton & Williams LLP;
October 8, 2008, previously published on September 2008
The Department of Justice has issued new guidelines for federal prosecutors considering whether to prosecute business organizations.

5 Second Circuit's Ruling Puts an End to Wall Street Specialist Cases
Joseph G. Poluka, Laura Brill; Blank Rome LLP;
October 8, 2008, previously published on Fall 2008
This past summer, the Court of Appeals for the Second Circuit effectively put an end to the protracted investigation and prosecution of allegedly improper trading by specialists working on the floor of the New York Stock Exchange ("NYSE").

6 Federal Circuit Rejects "Point of Novelty" Test for Design Patent Infringement
Ira Levy, Parker H. Bagley; Goodwin Procter LLP;
October 8, 2008, previously published on September 26, 2008
On September 22, 2008, in Egyptian Goddess, Inc. v. Swisa, No. 2006-1563, the U.S. Court of Appeals for the Federal Circuit, in a unanimous en banc opinion, rejected the long-standing "point of novelty" test as a "second and free standing requirement for proof of design patent...

7 California Affiliate-Sharing Restrictions Upheld
Lisa J. Sotto, Elizabeth H. Johnson; Hunton & Williams LLP;
October 8, 2008, previously published on September 2008
The Ninth Circuit recently upheld a provision of the California Financial Information Privacy Act (or "S.B. 1") that requires financial institutions to provide California consumers with an opportunity to opt out of sharing personal information with affiliates.

8 Federal Circuit Eliminates "Point of Novelty" Test for Design Patent Infringement
Beth H. Parker, James R. Farrand, James S. Blackburn, Monty Agarwal, Kevin M. Bovard; Arnold & Porter LLP;
October 7, 2008, previously published on September 2008
On September 22, 2008, the Federal Circuit Court of Appeals issued an en banc decision in Egyptian Goddess v. Swisa modifying the test for design patent infringement. www.arnoldporter.com

9 Warranties in Compromise Agreements
Alex Denny, Christabel Oh; Faegre & Benson LLP;
October 8, 2008, previously published on September 30, 2008
In Collidge v Freeport Plc [2008] IRLR 697, the Court of Appeal held that an employer is not obliged to make a payment due under a severance agreement if an employee is in breach of a warranty he has given in that agreement.

10 Fifth Circuit Reverses $33 Million Judgment against Physicians and Hospital Arising From Peer Review Actions
Deborah J. Juneau; Kean Miller Hawthorne D'Armond McCowan & Jarman, L.L.P.;
October 8, 2008, previously published on September 30, 2008
In a recent case, the Fifth Circuit emphasized the legislative purpose in the Health Care Quality Improvement Act (HCQIA) to improve the quality of health care by protecting physicians who participate in peer review actions, finding they were entitled to immunity from monetary damages.


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