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Adobe PDFThird Circuit Affirms Dismissal Where Post-Trial Movant Refused to Recreate Missing Trial Record
David C. Dziengowski, Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
July 26, 2016, previously published on June 2016
You litigate a case in federal court and get an adverse verdict. Believing this result unjust, you file a post-trial motion for judgment as a matter of law and in the alternative for a new trial. But there is a problem: two-thirds of the trial record is missing. What do you do?


HTMLAppellate Court Finds Section 8.1b AMA Impairment Rating Report Not Mandatory
Brad Elward; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
July 25, 2016, previously published on July 1, 2016
On June 28, 2016, the Illinois Appellate Court, Workers' Compensation Commission Division, held that section 8.1b of the Illinois Workers' Compensation Act, commonly referred to as the AMA rating report provision, does not require a party to submit an AMA impairment report for the purpose of...


HTMLAfter Prevailing in the Pa. Superior Court, Why Should I File a Cross-Appeal in the State Supreme Court?
Duane Morris LLP;
Legal Alert/Article
July 22, 2016, previously published on June 17, 2016
The Pennsylvania Supreme Court’s recent decision in Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C. (No. 8 WAP 2015), highlights a quandary of Pennsylvania appellate procedure regarding cross-appeals and the need to consider when to file a protective...


HTMLPatent Office’s Continuation Filing Deadline Rule Upheld by the Federal Circuit
Ernest V. Linek; Banner & Witcoff, Ltd.;
Legal Alert/Article
July 21, 2016, previously published on June 22, 2016
Yesterday, the Court of Appeals for the Federal Circuit reversed and remanded the decision of the Delaware district court in Immersion Corp. v. HTC Corp., No. 1:12-cv-00259, 2015 WL 627425 (D. Del. Feb. 11, 2015). That case held that to have continuity with an earlier filed application that was...


HTMLSupreme Court Relies on Attorney Notes in Considering a Claim of Racial Profiling in Juror Selection
Bradley W. (Brad) Harrison, José A. Isasi, C. Kevin Marshall, Charles R.A. Morse, Neil Vakharia; Jones Day;
Legal Alert/Article
July 20, 2016, previously published on May 2016
On May 23, 2016, in Foster v. Chatman, No. 14-8349, the U.S. Supreme Court clarified how courts should address Batson claims of unlawful discrimination during juror selection and highlighted the role that notes in an attorney's files may play in these inquiries.


HTMLD.C. Circuit Court Dismisses Appeal Challenging 2008 STEM OPT Rule
Fragomen Del Rey Bernsen Loewy LLP;
Legal Alert/Article
July 14, 2016, previously published on May 13, 2016
Three days after a replacement STEM Optional Practical Training (OPT) program went into effect, the D.C. Circuit Court of Appeals dismissed a federal lawsuit by a technology worker’s union that sought to contest the validity of the prior STEM OPT program. In its decision, which was issued...


HTMLNon-Mutual Collateral Estoppel: A Shield, but Now Clearly Also a Sword
J. Bradford McCullough; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
June 19, 2016, previously published on May 27, 2016
Last summer, I reviewed the decision of the Court of Appeals in Shader v. Hampton Improvement Ass’n, Inc., 443 Md. 148 (2015), and the decision of the Court of Special Appeals in Garrity v. Maryland State Bd. of Plumbing, 221 Md. App. 78 (2015), and posed the following question: In addition...


HTMLSupreme Court Explores Injury Requirement for Federal Statutory Standing
Wilson G. Barmeyer, Thomas M. Byrne, Valerie Strong Sanders, Steuart H. Thomsen, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 17, 2016, previously published on May 16, 2016
In a 6-2 opinion issued today, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III standing to sue. The Court remanded the long-pending Fair Credit Reporting Act case,...


HTMLGeorgia Supreme Court Expands as its Jurisdiction Contracts
Thomas M. Byrne; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 5, 2016, previously published on May 4, 2016
Somewhat obscured by the social-issue hubbub during the recently ended session of the Georgia General Assembly was the enactment of an historic expansion of the Georgia Supreme Court and a reallocation of not only its appellate jurisdiction but also that of the Georgia Court of Appeals.


HTMLNew York Governor Fills Appellate Division Vacancies
Meghan M. Brown, Matthew S. Lerner; Goldberg Segalla LLP;
Legal Alert/Article
March 14, 2016, previously published on March 1, 2016
In a sweeping exercise of his authority, on Thursday, February 18, 2016, New York Governor Andrew Cuomo appointed 10 judges to fill vacancies in all four of the state’s Appellate Division departments of the Supreme Court. The governor has the authority to appoint justices to each Appellate...


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