Class Settlement Review Must Consider Recovery Allocation Between Attorneys' Fees and Class Compensation: Second Circuit

In Kurtz v. Kimberly-Clark Corp., the US Court of Appeals for the Second Circuit held that a court must consider the proportion of recovery allocation between attorneys’ fees and class compensation before... Read more »

Claim Preclusion Bars State Law Claims That Could Have Been Raised if Plaintiff Asserted Diversity Jurisdiction: Tenth Circuit

In Markley v. U.S. Bank Nat’l Assoc., the US Court of Appeals for the Tenth Circuit held that claim preclusion bars a state-law claim that was initially asserted and dismissed without prejudice... Read more »

Key Findings: Ninth Circuit Reverses Dismissal of Antitrust Counterclaims in Commercial Real Estate Dispute

The US Court of Appeals for the Ninth Circuit reversed a district court decision dismissing antitrust counterclaims asserted by the defendant in a copyright dispute. The Ninth Circuit concluded that the defendant... Read more »

Discovery Order Under 28 U.S.C. § 1782 That Does Not Determine the Scope of Permissible Discovery is Not a Final Order Appealable Under 28 U.S.C. § 1291: Third Circuit

In In re Amgen, Inc., the US Court of Appeals for the Third Circuit held that an order granting discovery under 28 U.S.C. § 1782 but not determining the scope of permissible... Read more »

Defective Jury Instructions and Flawed Claims Analysis Grounds for New Trial: Federal Circuit

In Optis Cellular Technology, LLC v. Apple Inc., the US Court of Appeals for the Federal Circuit held that the US District Court for the Eastern District of Texas improperly analyzed three... Read more »

PTAB Misapplied Objective Indicia Nexus Requirement for Prior Licenses: Federal Circuit

In Ancora Technologies, Inc. v. Roku, Inc., the US Court of Appeals for the Federal Circuit vacated the Patent and Trademark Appeal Board’s (PTAB) final written decisions in two inter partes review... Read more »

Federal Circuit Finds It Lacks Jurisdiction Under Section 337 to Review ITC Sanctions Denial

In Realtek Semiconductor Corp. v. International Trade Commission, the US Court of Appeals for the Federal Circuit held that it lacked jurisdiction to review the International Trade Commission’s (ITC) denial of monetary... Read more »

District Court has a Mandatory Duty to Transfer Proceedings Under Section 3004(b)(2) of the FDCPA: Ninth Circuit

In United States v. Brumbaugh, the US Court of Appeals for the Ninth Circuit held that under the Federal Debt Collection Procedures Act (FDCPA), a district court has a mandatory duty to... Read more »

IP Holding Company's US Trademark Registration Shows Purposeful Availment for Specific Jurisdiction: Eleventh Circuit

IP Holding Company's US Trademark Registration Shows Purposeful Availment for Specific Jurisdiction: Eleventh Circuit Source link Read more »

Key Findings: 4th Circuit Vacates Preliminary Injunction Against NASCAR on Antitrust Claims

The US Court of Appeals for the Fourth Circuit held in 23XI Racing LLC v. Nat’l Ass’n for Stockcar Auto Racing, LLC (NASCAR) that the district court abused its discretion in granting... Read more »
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