Tag Archives: Circuit

USA: C.R. Bard, Inc. v. AngioDynamics, Inc., United States Court of Appeals, Federal Circuit, No. 2017-1851, 28 September 2018

Linda PanszczykThe U.S. Court of Appeals for the Federal Circuit has vacated and remanded a Patent Trial and Appeal Board decision that a reference guide qualified as a printed publication, in a case involving reexamination of medical device patents relating … Continue reading

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Sixth Circuit Rejects Challenge to Mandatory Arbitration of FLSA Claim

In keeping with the Supreme Court’s holding in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), the Sixth Circuit has rejected a challenge to individual arbitration agreements in a Fair Labor Standards Act (FLSA) case.  In Gaffers v. … Continue reading

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Fifth Circuit Court of Appeals Affirms Denial of Claimant’s Right to Future LHWCA Benefits

A recent case decided by the Fifth Circuit Court of Appeals, Parfait v. Director, OWCP and Performance Energy Services, has affirmed the denial of Claimant’s right to future benefits under the Longshore & Harbor Workers’ Compensation Act (LHWCA). Background – Claimant … Continue reading

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How to Count to 67%: CAFA Jurisdiction in the Ninth Circuit

Seyfarth Synopsis: The Ninth Circuit, addressing how to prove exceptions under CAFA, reminds us that removal under CAFA might be an invitation for extensive preliminary discovery battles, and prolonged motion practice. The following post highlights some procedural realities of finding … Continue reading

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U.S. Court of Appeals for the Ninth Circuit, Cobbler Nevada, LLC v. Gonzales, Docket No. 17-35041

Attorney’s fees: Copyright: Prevailing party: Dismissal with prejudice: Voluntary dismissal: The Copyright Act states that the district court “may . . . award a reasonable attorney’s fee to the prevailing party as part of the costs . . . .” … Continue reading

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