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Search Results (14869) Documents on litigation Show: results per page Sort by:  | Think You Won? You May Still Need to Appeal
Christopher K. Albert, Brian T. Moriarty; Hamilton, Brook, Smith & Reynolds, P.C.;
Legal Alert/Article May 15, 2013, previously published on May 8, 2013 In Lazare Kaplan Int’l, Inc. v. Photoscribe Techs., Inc., the Federal Circuit recently held that a district court may not re-open a final judgment as to patent validity that was not raised by either party in a prior appeal. The “not invalid” judgment cannot be re-opened even when...
|  | Transitional Program for Covered Business Method Patents
Jones Day;
Legal Alert/Article May 15, 2013, previously published on May 2013 The Transitional Program for Covered Business Method Patents offers a proceeding for challenging the validity of patents granted for methods and apparatuses for performing data processing or other operations used in the practice, administration, or management of a financial product or service....
| | Fourth Circuit Vacates Maryland District Court Judgment for Defendants Where Injury Did not Present Complicated Medical Question Requiring Expert Testimony to Prove Causation
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article May 15, 2013, previously published on May 2013 In Arthur Galloway v. Horne Concrete Construction, the United States Court of Appeals for the Fourth Circuit was asked to determine whether the Maryland district court erred by excluding a substantial portion of damages evidence for Plaintiff, Arthur Galloway, including his medical bills and the...
| | In re Fairfield Sentry Ltd.: Second Circuit Clarifies "Center of Main Interest" Determination Under Chapter 15
Carol Chow; Stutman, Treister & Glatt Professional Corporation;
Legal Alert/Article May 15, 2013, previously published on May 2013 In Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.), No. 11-4376, 2013 U.S. App. LEXIS 7608 (2d Cir. Apr. 16, 2013), the Second Circuit held that the location of a foreign debtor’s “center of main interests” (“COMI”) is to be determined as of the filing...
| | NLRB Remains Winless In Recent Rulemaking Litigation: D.C. Circuit Strikes Down NLRB’s Notice Posting Rule
Jones Day;
Legal Alert/Article May 15, 2013, previously published on May 2013 On May 7, in a decision relying on three significant cases in which Jones Day represented parties and another case in which a Jones Day lawyer filed an amicus brief, the U.S. Court of Appeals for the D.C. Circuit vacated a National Labor Relations Board (NLRB or Board) rule requiring nearly all...
| | Affirmative Acts and Antitrust: The Need for a Consistent Tolling Standard in Cases of Fraudulent Concealment
Amber Davis-Tanner; Quattlebaum, Grooms, Tull & Burrow PLLC;
Legal Alert/Article May 15, 2013, previously published on Spring 2011 It is axiomatic that "no man may take advantage of his own wrong." It is also a fundamental principle of the American justice system that an exception should not swallow a rule. The doctrine of fraudulent concealment reflects the first principle: It is intended to ensure that a defendant...
| | Delaware District Court Permits WARN Class Action to Proceed Against Equity Sponsor as De Facto Employer
Joel H. Levitin, Richard A. Stieglitz, Glenn J. Waldrip; Cahill Gordon & Reindel LLP;
Legal Alert/Article May 14, 2013, previously published on May 2013 The United States District Court for the District of Delaware, recently declined to dismiss a putative class action filed by former employees under the Workers Adjustment and Retraining Notification Act (the “WARN Act”) against certain private equity fund entities that were the former...
| | South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina
Jim Rourke; Nexsen Pruet, LLC;
Legal Alert/Article May 13, 2013, previously published on May 8, 2013 Close to a year and a half after hearing oral arguments in Bodman v. South Carolina, the South Carolina Supreme Court has upheld the “seven caps” and “eighty seven exemptions” found under the State’s sales tax. (Op. No. 27248 filed May 8, 2013).
| | California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article May 13, 2013, previously published on May 8, 2013 The California Supreme Court recently resolved the issue of whether a city could enact zoning ordinances prohibiting and banning medical marijuana dispensaries. The Supreme Court held that state medical marijuana laws do not preempt a local ban on medical marijuana dispensaries. (City of...
| | The Second Opinion: Legal Causation and the Duty to Warn
Brandon Kain; McCarthy Tétrault LLP;
Legal Alert/Article May 13, 2013, previously published on May 8, 2013 Can a defendant be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed? In Wallace v. Kam, [2013] HCA 19, released today, the High...
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