In a significant development within the field of Intellectual Property, the US Court of Appeals for the Federal Circuit has invalidated another series of antibody genus claims. The case was described as being “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v. Sanofi. The Federal Circuit concluded that…
In a recent court case, Elekta Ltd. v. Zap Surgical Systems (Case No. 21-1985), the US Court of Appeals for the Federal Circuit made a significant ruling. This appeals court affirmed a Patent Trial & Appeal Board unpatentability decision. The judgement noted the combination of prior art references only requires an implicit indication of a…
Donald Trump has returned to the spotlight once again, proving that he’s far from idle after leaving the White House. In fact, it’s been a frenzied few days for him, both in the courtroom and on social media. Even though he had a civil fraud trial scheduled in New York, Trump seems to have suddenly…
In an important reinterpretation of the Fair Credit Reporting Act (FCRA), the Third Circuit Court of Appeals has held that furnishers must investigate all indirect disputes forwarded by a consumer reporting agency (CRA), even those deemed frivolous or irrelevant. This ruling overturns the district court’s previous interpretation, under which a furnisher had discretion in deciding…
In the unfolding of a contentious wrongful death personal injury case, the appellant’s defense has brought an apportionment request to the Georgia Court of Appeals. While the appeal finds its origins in a defaulted defendant being liable for $25 million in damages, the opposing counsel classified this move as a desperate attempt to evade the…
In an anticipated legal opinion, the US Court of Appeals for the Federal Circuit has significantly narrowed the scope of “comparison prior art” in design patent infringements, as announced at this publication. This impacts prior art that is considered by the fact finder during an infringement analysis and brings a new alignment within the article…
In a pivotal decision on September 13, 2023, the Oregon Court of Appeals rendered a judgment regarding the insurer, Arrowood Indemnity Company’s (“Arrowood”), arguments about its duty to defend in environmental litigation. This case, in particular, related to the Portland Harbor Superfund site (“Superfund site”). The case, titled State of Oregon v. Pacific Indemnity Company,…
In recent legal developments, the Virginia Court of Appeals ruled on September 19, 2023 in the case of Fogleman v. Commonwealth of Virginia that sovereign immunity has not been waived under the Virginia Human Rights Act (VHRA). The ruling indicated that no waiver has been issued, neither expressly nor by necessary implication. This verdict was…
The US Supreme Court recently heard oral arguments in the case of Acheson Hotels, LLC v. Laufer. This case seeks clarity on the right of an individual to lodge a suit against a business for failing to provide disability accessibility information, even when the person has no immediate intention of visiting that business. The case…
The U.S. Court of Appeals for the Tenth Circuit recently reversed the decision of a district court, annulling the Rule 23 class certification in a collective action under Fair Labor Standards Act in the case of Brayman v. KeyPoint Government Solutions. The case was filed by employees of KeyPoint, a company known for offering investigative…
The U.S. Court of Appeals for the Seventh Circuit recently rendered a decision deeming that a class action case, which accuses Country Mutual Insurance of improperly amassing and retaining $3.5 billion in fiduciary duties and other legal obligations, should be tried in state court. The appellate court ruled that two exceptions to the Class Action…
In an important legal development, the Superior Court of New Jersey, Appellate Division, has overturned a previous $223.8 judgment against Johnson & Johnson. Set in 2020, the case related to allegations of asbestos-contaminated talcum powder. The appeal for this case was launched by Johnson & Johnson after being sentenced to pay such a large sum…
In a decision that has sent ripples through the legal community, the Ninth Circuit Court of Appeals has brought about the end of the EMTALA exception to Idaho’s stringent total abortion proscription, as stipulated in the I.C. 18-622. JDSupra has reported on the development in depth. The Emergency Medical Treatment and Labor Act (EMTALA) mandated…
The Colorado Supreme Court has recently granted certification to Masterpiece Cakeshop, a store familiar to the courts with its high-profile legal history, including the notorious 2018 U.S. Supreme Court case Craig v. Masterpiece Cakeshop. This progression comes after the Colorado Court of Appeals held that the bakery creating a pink cake with blue frosting did…
An intriguing development has come to light in the legal world this week as the verdict on a high-profile case saw a reversal. Last week, a New Jersey appeals court overturned a $223 million talc verdict against pharmaceutical giant, Johnson & Johnson. This decision was based on the plaintiffs’ experts, signaling a significant turn in…
The constitutionality of the Consumer Financial Protection Bureau (CFPB)’s funding mechanism is under scrutiny, with the U.S. justices appearing somewhat divided on the issue during Tuesday’s oral argument. The discussion has teetered on the challenges to Congress’s decision to provide funding for the CFPB through the Federal Reserve, as opposed to the typical annual appropriations…
As legal professionals, we often grapple with the precise interpretations of statutory language. One area of common consternation – the definition of “adverse employment action” and “privileges of employment” under Title VII of the Civil Rights Act. The Fifth Circuit Court of Appeals recently weighed in, shaping the contours of these constitutional debates, and inching…
The legal doctrine of “equitable mootness” is often employed as a barrier to appeals of bankruptcy court orders. This occurs where a potential reversal, or modification of an order, could put at stake various aspects: the execution of a negotiated chapter 11 plan, for instance, or related agreements, thereby distressing the anticipations of third parties…
In a recent legal development, the U.S. Court of Appeals for the Seventh Circuit upheld a summary judgement handed down by a Wisconsin bankruptcy court, in a case titled Mann v. LSQ Funding Group, L.C., (71 F.4th 640 [7th Cir. 2023]), reaffirmed with rejection of rehearing (2023 WL 4684702 [7th Cir. July 21, 2023]). The…
This week at the Ninth Circuit raises some important legal questions concerning arbitration, as noted by leading law firm Morrison & Foerster LLP in their Left Coast Appeals. The focus is on whether a receiver in an SEC enforcement action is bound by an arbitration agreement signed by the receivership entity. The case in focus…
In an important ruling for bankruptcy law professionals, the Ninth Circuit has clarified that the general constitutional standing standard applies to bankruptcy appeals. This decision deviates from the traditional “person aggrieved” standard, putting a microscope on an often controversial legal area. So, what does this change entail? Traditionally, federal appellate courts have applied a “person…
The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622, a significant development in the ongoing legal debate around reproductive rights in the United States. Holland & Hart LLP provides an insightful look into this decision. Formerly, Emergency Medical Treatment and Labor Act (EMTALA) exceptions allowed for…
The 2018 Farm Bill, a significant piece of legislation for the hemp industry, has been extended, which will inevitably have considerable implications for the legal landscape surrounding hemp production and products. However, it is crucial to note that this extension is only temporary. As those familiar with the historical context will recall, the 2018 Farm…
In an important verdict, the Massachusetts Appeals Court ruled in the case of Tufts Medical Center v. Dalexis et. al., that a hospital employer’s insistence on obligatory overtime constitutes a failure to engage in the interactive process. The court held that the hospital discriminated against and constructively discharged a disabled nurse by not exempting her…
The U.S. Supreme Court took several noteworthy actions in early October: it denied an appeal by anti-abortion activists in a First Amendment dispute with Planned Parenthood, declined an examination of New Jersey’s “slogan statutes,” and rejected an appeal from John Eastman, a former clerk to Justice Clarence Thomas, among other actions. The Court’s denials are…