Legal Book » federal-appeals

9th Circuit Rules Televangelist Can Sue ABC for Defamation

admin — Thu, 26 Aug 2010 03:25:23 +0000

A federal appeals court has reinstated a televangelist’s defamation suit claiming ABC used out-of-context footage portraying him as a wealthy braggart. The film of the Rev. Frederick Price was actually from a sermon on greed in which the preacher slips into the role of a fictional character who is wealthy but unhappy

2nd Circuit: Claim, Appeal Count as 2 ‘Strikes’ Under Prison Law

admin — Tue, 24 Aug 2010 19:07:37 +0000

A dismissed complaint and subsequent appeal on the same issue constitute two separate “strikes” against a prisoner under a federal law limiting frivolous prison litigation, a federal appeals court has ruled. The 2nd U.S. Circuit Court of Appeals said the Prison Litigation Reform Act of 1995, which limits “actions” brought by prisoners, divides the underlying case and appeal from the dismissal of that case into two actions for purposes of the “three-strikes” litigation rule.

9th Circuit Reverses $29 Million Fee Award Over Procedural Problem

Master — Fri, 20 Aug 2010 04:22:06 +0000

A federal appeals court has snatched away a $29 million fee award that two law firms received for serving as lead plaintiffs counsel in a California backdating securities class action against Mercury Interactive Corp. A 9th Circuit panel on Wednesday vacated a lower court ruling granting the fee award to New York’s Labaton Sucharow and Glancy Binkow & Goldberg of Los Angeles, holding that the district court judge denied the plaintiffs in the backdating case the opportunity to argue for reducing the fee.

3rd Circuit Won’t Revive Aetna Securities Fraud Suit

Master — Thu, 12 Aug 2010 05:26:36 +0000

A securities fraud suit against insurance giant Aetna fell flat on Wednesday when a federal appeals court refused to revive claims by investors who said the company made false statements about its “disciplined” pricing strategies that were designed to drive up the stock price so that three top executives could cash in and sell $61 million in stock. The 3rd Circuit concluded that all of the allegedly misleading statements were protected by the “safe harbor” in securities law.

Internet Sale Ruled to Trigger Personal Jurisdiction in Long-Arm Law

Master — Mon, 09 Aug 2010 18:09:37 +0000

A trademark infringement action can be brought against an out-of-state employee of an online retailer who sent a bogus handbag to a Bronx, N.Y., address from a website that offered merchandise to New York consumers, a federal appeals court has ruled. Simone Ubaldelli, a California resident and principal of the now-bankrupt Queen Bee of Beverly Hills, contended that the fashion company Chloé could not sue him in New York based on the one-time Internet-based sale of the fake designer purse.

Case Highlights Inconsistency Between N.Y. Statutory Rape Laws, Federal Child Porn Laws

Master — Wed, 04 Aug 2010 19:05:06 +0000

A federal appeals panel has thrown out a child pornography conviction that was based on explicit photographs texted by a 17-year-old to her adult field-hockey coach. The case highlights an inconsistency between federal and N.Y

3rd Circuit Revives Rape Victim’s Civil Rights Case

admin — Wed, 04 Aug 2010 05:54:39 +0000

Women’s groups and victims’ rights advocates are praising a federal appeals court’s decision on Monday to revive a civil rights suit against police brought by a Pennsylvania woman who said she was jailed for five days on charges of making a false report after she was raped and robbed at gunpoint. The 3rd Circuit ruling is important, advocates said, because it rejected antiquated notions of how sexual assault victims should be viewed.

Insurers Off the Hook in Baby Bottle Class Action

admin — Thu, 29 Jul 2010 03:31:15 +0000

The 7th Circuit has determined that insurers for a seller of sippy cups, baby bottles, nipples and other plastic products had no duty to defend the company in a multidistrict class action. Finding that the insurers were not responsible for defending Avent America in a so-called no-injury class action, a panel ruled that the lawsuit alleged only economic damages that Avent’s insurance didn’t cover

3rd Circuit Tosses Sex Bias Lawsuit by Law Firm Shareholder

admin — Tue, 20 Jul 2010 05:42:54 +0000

A woman lawyer cannot sue her firm for sex discrimination if her status as a shareholder and director gives her the ability to participate in firm governance and a percentage of firm profits, the 3rd Circuit has ruled. The federal appeals court found that Alyson Kirleis, as a Class A shareholder, was unable to qualify as an employee under the multifactor test created by the U.S

9th Circuit Reinstates Campaign Finance Charges Against Pierce O’Donnell

Master — Tue, 15 Jun 2010 05:51:57 +0000

A federal appeals court has reinstated criminal charges against plaintiffs attorney Pierce O’Donnell after concluding that the section of the Federal Election Campaign Act on which he was charged applied to conduit, or indirect, campaign contributions, not just to contributions made under false names.

3rd Circuit Tosses Out Attorney Fees Leveled at JPMorgan Chase

admin — Sat, 12 Jun 2010 06:48:54 +0000

Chalk up a victory for JPMorgan Chase now that a federal appeals court has ruled that the bank never should have been ordered to pay more than $17,000 in attorney fees as a punishment for improperly removing a state court suit to federal court. Voting 2-1, the 3rd U.S.

Circuit Split Widens on Copyright Registration Timing

admin — Fri, 28 May 2010 08:16:32 +0000

When does a copyright get registered? Once an application is submitted to the U.S.

Justice Department Wants to Keep Pardon Data Under Wraps

admin — Tue, 25 May 2010 08:03:42 +0000

The Justice Department is fighting to keep secret the names of more than 9,200 people whose applications for pardons and commutations were denied by President George W. Bush

2nd Circuit Rejects Retaliation Claim Over Bias Complaints

admin — Mon, 17 May 2010 19:41:12 +0000

A federal appeals court has rejected the lawsuit of a black woman who alleged that her ex-employer retaliated against her by refusing to investigate her complaints of racial discrimination.

2nd Circuit Faults Pornography Enhancements, Vacates Sentence

Master — Fri, 14 May 2010 05:13:30 +0000

In vacating the sentence of an admitted child pornographer, a federal appeals court in Manhattan attacked mandatory sentencing enhancements for virtually ensuring defendants will hit the statutory maximum regardless of the severity of their crimes.

2nd Circuit Affirms Decision Favoring Drug Companies on ‘Pay to Delay’ Settlements

Master — Fri, 30 Apr 2010 17:35:37 +0000

A federal appeals court on Thursday upheld summary judgment granted to drug companies sued for violating antitrust laws through so-called “pay-for-delay” patent settlements.

Source: Obama Interviews 9th Circuit Judge for U.S. Supreme Court Seat

Master — Fri, 30 Apr 2010 05:29:00 +0000

President Barack Obama on Thursday interviewed federal appeals court Judge Sidney Thomas for an opening on the Supreme Court, a person familiar with the conversation told The Associated Press.

Employees’ Right to Sue Must Be ‘Intelligently’ Waived, Says 6th Circuit

Master — Thu, 29 Apr 2010 10:31:35 +0000

A federal appeals court has ruled that job applicants who sign waivers promising not to sue their employers over workplace disputes aren’t automatically barred from filing lawsuits. The 6th Circuit ruled on Monday that a Michigan couple can proceed with their discrimination and retaliation claims, finding that they did not “knowingly and intelligently” waive their right to judicial recourse because they didn’t know exactly what they were signing nor were they clear on what the alternatives to litigation would be.

Mayer Brown Not Liable for Losses of Refco Investors, 2nd Circuit Decides

admin — Wed, 28 Apr 2010 08:32:26 +0000

Secondary actors such as attorneys can only be held liable for false statements in private damages actions under the securities laws if the statements are attributable to them at the time they are disseminated, a federal appeals court decided Tuesday. Ruling in a civil suit brought against Mayer Brown and former partner and now prison inmate Joseph Collins in connection with the Refco securities fraud and financial meltdown, the 2nd Circuit rejected civil liability for both.

Federal Circuit Ruling May Rein In Patent Re-Examinations

Master — Thu, 22 Apr 2010 04:55:46 +0000

A federal appeals court ruling may curb the growing trend of using re-examinations to challenge other parties’ patents. In In Re Suitco Surface Inc., the Federal Circuit remanded a U.S. Patent and Trademark Office rejection of some claims in a patent re-examination

DOJ Asks 2nd Circuit to Enforce ACORN Funding Ban

admin — Wed, 21 Apr 2010 04:04:22 +0000

An attorney for the Justice Department asked a federal appeals court on Tuesday to allow enforcement of legislation stripping the embattled activist group ACORN of government funding. The attorney asked the 2nd Circuit for an emergency stay pending appeal of a March decision by New York federal Judge Nina Gershon, who had granted a preliminary injunction blocking enforcement of the funding restrictions

2nd Circuit Upsets Bankruptcy Sanction of Developer Linked to Marc Dreier

admin — Tue, 20 Apr 2010 07:34:27 +0000

A bankruptcy judge’s decision to sanction a prominent real estate developer who hired Marc Dreier in 2004 in a scheme to meddle with a rival’s bankruptcy has been reversed by a federal appeals court.

2nd Circuit Panel Weighs Whether Lawyers, Others Can Challenge Wiretaps

admin — Mon, 19 Apr 2010 21:37:00 +0000

The ability of lawyers, reporters and human rights activists to challenge the government’s overseas wiretapping law depends on persuading a federal appeals court they have been sufficiently injured to have standing. The 2nd Circuit on Friday questioned Jameel Jaffer of the ACLU on whether lawyers and others who communicate with people overseas on sensitive matters have well-founded fears that their conversations are being recorded under recent amendments to the Foreign Intelligence Surveillance Act.

D.C. Circuit Revives Cruise Ship Company’s Suit Against Canada

admin — Wed, 07 Apr 2010 05:08:31 +0000

A federal appeals court in Washington, D.C., unanimously sided with a North Carolina cruise ship company on Tuesday, saying its $54 million contract and unfair trade practices suit against Canada can proceed in federal district court in the United States. A three-judge panel ordered additional proceedings in the suit Cruise Connections filed in November 2008 against the Royal Canadian Mounted Police and the attorney general of Canada, among other defendants.

Next Challenge to Gun Laws Headed to D.C. Circuit

admin — Sat, 03 Apr 2010 06:07:40 +0000

A federal appeals court in Washington, D.C., will have the chance to examine the latest version of the District of Columbia’s gun restrictions, in a possible test of how to apply the U.S. Supreme Court’s decision in D.C