The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more
The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more
JIAXING SUPER LIGHTING ELECTRIC APPLIANCE, CO. v. CH LIGHTING TECHNOLOGY CO., LTD. - Before Dyk, Chen, and Hughes. Appeal from the United States District Court for the Western District of Texas. The Federal Circuit reversed...more
On May 21, 2025, the United States Court of Appeals for the Federal Circuit, sitting en banc, reversed a $20 million damages award against Google LLC in a patent infringement dispute with EcoFactor, Inc. EcoFactor, Inc. v....more
[DISCLOSURE: Although I do not represent the defendant hospital in Jabbi v. Adventist Healthcare, Inc. No. 2071 (Sept. Term, 2023) (March 5, 2025) (reported), I often represent Maryland hospitals seeking to exclude causation...more
In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more
As if life is not confusing enough, we saw a precedential Superior Court custody case published on September 6, 2023 which speaks to the brave, new world of parenting. S.J. is born in April 2020. Mom was then...more
Ask any good attorney a question, and you will probably be given the following response: “It depends.” The answer usually serves as a preface to a more thorough discussion about the specific facts of your case, what the...more
If there is no binding precedent on point, where does the Supreme Court of North Carolina look for guidance? Which are more persuasive: federal court opinions or North Carolina Court of Appeals opinions? Does the answer to...more
Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more
According to the National Center for State Courts, forty states, including California and Nevada, have established intermediate courts of appeal. California’s Court of Appeal was established by a constitutional amendment...more