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1
Guest Post – Corn, Justice Brandeis, Litigation Tourism And Dormant Commerce Clause Revisited
Today's guest post is by friend of the blog Dick Dean, of Tucker Ellis.
United States
22 Feb 2018
2
Sixth Edition Of Gary Born's International Civil Litigation In The United States Courts Published
The sixth edition of Gary Born's International Civil Litigation in United States Courts, co-authored with Professor Peter Rutledge, has been published by Wolters Kluwer and is available for purchase.
United States
22 Feb 2018
3
Sixth Circuit Reverses Dismissal Of Putative Securities Class Action, Finding Third-Party Complaints May Be Sufficiently "True" To Constitute New Information Under A Loss Causation Analysis
On 13 December 2017, the Sixth Circuit Court of Appeals reversed the dismissal of a consolidated putative class action against Community Health Systems, Inc.
United States
22 Feb 2018
4
Direct Evidence Of Price Impact Not Always Required To Demonstrate Market Efficiency And Therefore Invoke Basic's Presumption Of Reliance
On 6 November 2017, the Second Circuit Court of Appeals (which hears appeals from district courts in Connecticut, New York and Vermont) ...
United States
22 Feb 2018
5
TTAB Grants Summary Judgment Motion, Finding Fusible Link Configuration De Jure Functional
The Board granted Tyco Fire's motion for summary judgment, finding the product configuration marks shown below, for a "a heat fusible link for use in fire protection," to be functional under Section 2(e)(5).
United States
22 Feb 2018
6
D.C. Circuit Rules Managers Of Open-Market CLOs Are Not Required To Have "Skin In The Game"
A three-judge panel of the D.C. Circuit issued a unanimous decision holding that the final rules implementing the requirements of Section 941 of the Dodd-Frank Act do not apply to "open-market CLO" managers.
United States
22 Feb 2018
7
Monthly TCPA Digest - February 2018
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
United States
22 Feb 2018
8
Seeing A Forest, Not Just Trees: Core Wireless v. LG
Do you remember obviousness before KSR v. Teleflex? To invalidate, the rule went, one must find an express rationale for combining references (a teaching, suggestion or motivation).
United States
22 Feb 2018
9
Federal Circuit Rules Distribution Agreement May Be Invalidating 'Offer For Sale'
In a February 6, 2018, decision, a Federal Circuit panel reasoned that a pharmaceutical distribution agreement can qualify as an invalidating "offer for sale" ...
United States
22 Feb 2018
10
Six Class Actions For 16 Microliters: A Case Study
Mary Bartkus, Special Counsel, has authored a paper titled "Six Class Actions for 16 Microliters: Eye Drop Litigation Reopens in New Jersey is Dismissed in Massachusetts, and is on Appeal to the First Circuit.
United States
22 Feb 2018
11
New DOJ Guidance Policy Limits Use Of Guidance Documents In Federal Civil Actions
On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum on behalf of the U.S. Department of Justice (DOJ) (the "Brand Memo") ...
United States
22 Feb 2018
12
Serving Responses To Contention Interrogatories Just Before Discovery Cut-Off Justifies Sanctions
In this patent infringement case, Bal Seal Engineering, Inc. filed a joint stipulation pursuant to Local 37-2 moving to compel Defendant and Counterclaimant Nelson Products, Inc. ("NPI") to provide further responses to Bal Seal's Interrogatories.
United States
22 Feb 2018
13
Top 5 PTAB Related Decisions Of 2017
With so much attention being paid to Oil States, it was easy to lose sight of many of the more noteworthy Patent Trial & Appeal Board (PTAB) related decisions of 2017.
United States
22 Feb 2018
14
Factual Questions May Preclude Early Resolution Of Invalidity Under Section 101
The Court also repeated the proposition from Berkheimer that "whether the claim elements or the claimed combination are well-understood, routine, conventional is a question of fact.
United States
22 Feb 2018
15
The Lynyrd Skynyrd Texting Case: Spoliation And Non-Party Texts
It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as "Lynyrd Skynyrd."
United States
22 Feb 2018
16
Northern District Of California Rejects New Evidence Allegedly Establishing Scienter And Loss Causation As Basis To Set Aside Judgment
On February 9, 2018, Judge Charles E. Breyer of the United States District Court for the Northern District of California held that "newly discovered evidence" ...
United States
22 Feb 2018
17
Northern District Of Illinois Finds Material Misstatements Adequately Alleged
On February 12, 2018, Judge Samuel Der-Yeghiayan of the United States District Court for the Northern District of Illinois denied a motion to dismiss a putative class action ...
United States
22 Feb 2018
18
District Court Upholds OSHA's Refusal To Permit Compliance Officer's Testimony In Personal Injury Case
n a personal injury action (associated with an accident that resulted in an OSHA inspection), a trucking company sought to compel the deposition testimony of two OSHA compliance officers because the accident was the genesis of the tort litigation.
United States
21 Feb 2018
19
Is "Class Arbitration" An Oxymoron — Another Shoe Drops In The Second Circuit
In a series of articles over the past several months, we asked whether "class arbitration" — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S. jurisprudence.
United States
21 Feb 2018
20
Tips For Handling A Call From The FBI
For many attorneys, interaction with the FBI and other law enforcement agencies is a completely foreign concept.
United States
21 Feb 2018
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