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12 Jun 2024, 9:40 am by Dennis Crouch
by Dennis Crouch The Federal Circuit recently decided the en banc design patent case of LKQ v. [read post]
12 Jun 2024, 8:45 am by Travis Andring
Court of Appeals for the District of Columbia Circuit for review, alleging that the new requirements were “unnecessary and overly burdensome. [read post]
12 Jun 2024, 8:17 am by Richard Reibstein Esq.
Court of Appeals for the Third Circuit has affirmed a district court’s decision that three delivery drivers for Pepperidge Farm are independent contractors under the Pennsylvania Wage Payment and Collection Law. [read post]
While the Sixth Circuit largely affirmed the trial court decision, the appeals court vacated a punitive damages award of $67,650 because the district court gave improper jury instructions (House v. [read post]
11 Jun 2024, 4:30 am by Eric B. Meyer
Yet, last night, I read an opinion in which the Fifth Circuit Court of Appeals had to correct not one but two judges on the pleadings standards. [read post]
The US Court of Appeals for the First Circuit on Sunday upheld a Massachusetts public middle school’s prohibition against one of its students from wearing a shirt with a message critical of transgender ideology. [read post]
10 Jun 2024, 7:24 pm by Yosi Yahoudai
Court of Appeals for the Ninth Circuit considered arguments in the case of Defense for Children International–Palestine v. [read post]
10 Jun 2024, 3:33 pm by Yosi Yahoudai
A California law classifying Uber and other ride-hail and delivery drivers as employees rather than independent contractors is constitutional, the U.S. 9th Circuit Court of Appeals ruled Monday. [read post]
10 Jun 2024, 3:12 pm by Dennis Crouch
McDonough, two veterans’ benefits cases on appeal from the Court of Appeals for the Federal Circuit. [read post]
10 Jun 2024, 1:28 pm by bklemm@foley.com
Finally, a case in the federal Fifth Circuit Court of Appeals — challenging the similar 2016 DOL rule — remains pending. [read post]
10 Jun 2024, 12:05 pm by Will Newman
Many states and the federal government have two levels of appellate courts. [read post]
10 Jun 2024, 11:28 am by Joshua Weisenfeld
Reasoning In relation to Ioengine’s introduction of a new claim construction on appeal, the Federal Circuit noted that they “retain case-by-case discretion whether to apply waiver” but they have routinely “held that a party waives an argument that it failed to present to the [PTAB] because it deprives the court of the benefit of the [PTAB’s] informed judgment. [read post]
10 Jun 2024, 11:16 am by Seth Barrett Tillman
In the RICO context, the United States Court of Appeals for the Second Circuit explained: [T]he jury [in a RICO case] must be unanimous not only that at least two [predicate] acts were proved, but must be unanimous as to each of two predicate acts. [read post]
10 Jun 2024, 8:07 am by Amy Howe
Court of Appeals for the 9th Circuit allowed the lawsuit to go forward, prompting Facebook to go to the Supreme Court. [read post]
10 Jun 2024, 7:48 am by Naomi Shatz
The court then applied the framework it had derived from Tinker and federal circuit court cases to L.M. [read post]