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Appellate Courts › Abuse of Discretion

Hudnell Law Group

Federal Circuit Enforces Gatekeeping Role in Patent Damages Testimony

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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

Goodell, DeVries, Leech & Dann, LLP

Appellate Court Undermines Rochkind by Conflating Rule 5-702 and Rule 2-501

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[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

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

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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

Fox Rothschild LLP

“Hey Dad. Let Me Introduce You to My Other Dad.”

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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

Lasher Holzapfel Sperry & Ebberson PLLC

In Washington, What are your Chances of Successfully Appealing your Family Law Case?

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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

Fox Rothschild LLP

The Art Of Persuasion: The Supreme Court Disputes Where To Look

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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 Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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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

Allen Matkins

California, Nevada and 38 Other States Have These, But Delaware Doesn’t

Allen Matkins on

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

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