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In a decision with significant implications for securities litigation and enforcement, the United States Court of Appeals for the Second Circuit recently rebuffed an attempt by the US Securities and Exchange Commission (SEC) to broaden the scope of “scheme liability” under Section 10(b) of the Securities Exchange Act of 1934 and Section 17(a) of the Securities Act of 1933. [read post]
21 Jan 2013, 5:30 am by Barry Herman & Jim Lennon
Infousa, Inc. the United States Court of Appeals for the Federal Circuit determined that the district court properly ruled the relevant patent claims of US Patent No. 6,631,400 were invalid as a result of being obvious. [read post]
12 Jul 2010, 9:03 am
Both cases are now before the United States Court of Appeals for the Third Circuit, in Philadelphia, with arguments being heard last month but a decision not expected in the immediate future. [read post]
28 Nov 2016, 8:10 am by Beth Graham
A unanimous panel of the United States Court of Appeals for the Fourth Circuit has reportedly upheld a contested $900,000 Financial Industry Regulatory Authority (“FINRA”) arbitration award. [read post]
23 Jun 2017, 11:55 am by Beth Graham
The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated. [read post]
23 Jun 2017, 11:55 am by Beth Graham
The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated. [read post]
15 Jul 2013, 12:26 pm by Florian Mueller
The United States Court of Appeals for the Federal Circuit has just given notice of a scheduling decision. [read post]
28 Aug 2017, 1:32 pm by Kevin LaCroix
Martoma, the United States Court of Appeals for the Second Circuit overruled its own 2014 decision in United States v. [read post]
Department of Justice, Elizabeth Prelogar, filed a response in the matter, urging the Supreme Court to decline the relator’s petition for certiorari and arguing that “the FCA is best read to preserve the Executive Branch’s virtually unfettered discretion to dismiss an action brought in the name of the United States to remedy a wrong done to the United States. [read post]
23 Dec 2015, 6:22 am by Second Circuit Civil Rights Blog
A few months ago, the Court of Appeals said that a man could sue the United States Attorney General for constitutional violations resulting from his restrictive detention on account of his ethnic background. [read post]
25 May 2022, 7:10 pm by Florian Mueller
Apple antitrust appeal before the United States Court of Appeals for the Ninth Circuit, the Fortnite maker (which obtained a significant concession from Google last week, though not with respect to Fortnite) has filed its reply brief. [read post]
2 Jul 2013, 8:32 am by Sheldon Toplitt
In a unanimous five-page decision, the United States Court of Appeals for the Second Circuit Monday reversed a ruling affording class action status to the plaintiff in the eight-year-old litigation, The Authors Guild, Inc. et al. v. [read post]
12 Oct 2021, 7:30 am by Public Employment Law Press
In this appeal to the United States Court of Appeals for the Second Circuit, Petitioner challenged a federal district court’s dismissal of her claims under 42 U.S.C. [read post]
12 Oct 2021, 7:30 am by Public Employment Law Press
In this appeal to the United States Court of Appeals for the Second Circuit, Petitioner challenged a federal district court’s dismissal of her claims under 42 U.S.C. [read post]
12 Oct 2021, 7:30 am by Public Employment Law Press
In this appeal to the United States Court of Appeals for the Second Circuit, Petitioner challenged a federal district court’s dismissal of her claims under 42 U.S.C. [read post]
12 Oct 2021, 7:30 am by Public Employment Law Press
In this appeal to the United States Court of Appeals for the Second Circuit, Petitioner challenged a federal district court’s dismissal of her claims under 42 U.S.C. [read post]
22 Jun 2017, 2:48 pm by John Stigi and Christopher Bosch
The United States District Court for the Southern District of New York affirmed, and the claimants appealed to the Second Circuit. [read post]