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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Burr & Forman

The Future of False Claims Act Qui Tam Provisions

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On September 30, 2024, a federal district court in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the FCA’s qui tam provision – which allowed individuals to sue...more

A&O Shearman

Southern District Of New York Grants In Part And Denies In Part Motion To Dismiss Claims In Securities Class Action Against...

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On January 27, 2025, Judge Jesse M. Furman of the United States District Court for the Southern District of New York partially granted a motion to dismiss a putative securities class action asserting claims under Sections...more

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

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On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

A&O Shearman

Federal Circuit Holds That PTAB Has Jurisdiction To Review Expired Patents

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On, January 27, 2025, the United States Court of Appeals for the Federal Circuit affirmed-in-part and reversed-in-part a decision from the Patent Trial and Appeal Board (“PTAB”) on certain claims of Gesture Technology...more

A&O Shearman

District Of New Jersey Dismisses Securities Claim Against Financial Technology Company Based On Failure To Allege A Material False...

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On January 29, 2025, Judge Robert Kirsch of the United States District Court for the District of New Jersey granted a motion to dismiss a securities action asserting claims under Sections 10(b), 20(a), and 20A of the...more

Troutman Pepper Locke

Supreme Court Weighs Vape Venue Dispute

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On January 21, the Supreme Court heard arguments in a case addressing who may challenge Food and Drug Administration (FDA) marketing denial orders for new tobacco products....more

White & Case LLP

Texas Attorney General's Landmark Privacy Lawsuit Signals New Era in Data Privacy Enforcement

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The Texas Attorney General has emerged as a significant regulatory enforcement authority for data privacy in the US. Traditionally, data privacy enforcement in the US has emanated from the Federal Trade Commission and other...more

Carlton Fields

Fourth Circuit Holds It Lacks Jurisdiction to Consider Petition to Vacate

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The Fourth Circuit Court of Appeals recently held that it lacked jurisdiction over a petition to vacate an arbitration award....more

Haug Partners LLP

The Sole Meaning of “Solely”: Supreme Court Denies Certiorari on Edward Life Sciences v. Meril Life Sciences Pvt. Ltd. and Permits...

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This month the Supreme Court denied certiorari on Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., and in doing so, seemingly indicated its support for a broad interpretation of the Hatch-Waxman safe harbor...more

Haug Partners LLP

Federal Circuit Addresses Two Key Requirements of On-Sale Bar of Pre-AIA Section 102(b)

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The Federal Circuit’s recent precedential decision in Crown Packaging Technology Inc. v. Belvac Production Machinery, Inc. is noteworthy because it discusses two key requirements of the on-sale bar prong of pre-AIA section...more

Haug Partners LLP

Bayer “Fleas” New Antitrust Trial – Jury’s Rejection of Flea and Tick Medication Market Upheld

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On January 21, a Northern District of California Court denied Plaintiff Tevra Brands LLC’s (“Tevra’s”) Motion for a New Trial, after a Jury found that Defendant Bayer Healthcare LLC (“Bayer”) did not monopolize the relevant...more

Irwin IP LLP

Federal Circuit Opts Not to Play its REVERSE [DOE] Card 

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Steuben Foods, Inc. v. Shibuya Hoppmann Corp., No. 23-1790 (Fed. Cir. 2025) - On January 24, 2025, the Federal Circuit considered the “long mentioned but rarely applied” reverse doctrine of equivalents (“RDOE”) defense. ...more

Beveridge & Diamond PC

The Citizens Are Coming: Citizens Groups Are Better Funded Than Ever and Will Take Over Where Biden Left Off

We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts, particularly in the arena of air...more

Hogan Lovells

Gilbert v. Unisys: The Court of Chancery grants advancement to unelected officers

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In Gilbert v. Unisys Corp., the Delaware Court of Chancery held that two former employees with the title of Vice President were entitled to advancement of litigation expenses brought by the corporation, despite the fact that...more

Blake, Cassels & Graydon LLP

Limitations for Patent Infringement Claims: Alberta Law Clarified by Rare Five-Member Appellate Panel

On January 28, 2025, a rare five-member panel of the Alberta Court of Appeal (ABCA) issued its unanimous and much-anticipated decision in JL Energy Transportation Inc. v. Alliance Pipeline Limited Partnership (Decision). The...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.

Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., Appeal Nos. 2024-1965, -1966, -2082, -2083 (Fed. Cir. Jan. 29, 2025) Our Case of the Week is a 31-page decision that touches on a variety of issues, including...more

Lasher Holzapfel Sperry & Ebberson PLLC

Discovery: Civil Litigation’s Fact-Finding Mission – Part 1: Interrogatories

If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts...more

EDRM - Electronic Discovery Reference Model

Illumination Zone: Episode 194 | Ryan Costello of HaystackID sits down with Kaylee & Mary

Ryan Costello, Director of Program Management - Advisory Services for our wonderful Trusted Partner, HaystackID, sits down with Kaylee & Mary to talk about his journey to eDiscovery, including work with Project Counsel and...more

Adams and Reese LLP

What Do Businesses Need to Know About the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

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In August 2024, pilots employed by Alaska Airlines and members of the Air Force Reserves scored a major victory in a federal appeals court. In Synoracki v. Alaska Airlines, Inc., the U.S. Court of Appeals for the Ninth...more

Dentons

Serve Papers, Not Drama: A Modern Guide to Telling Your Spouse “We Need to Talk”

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The decision to divorce is never easy. From the initial contemplation to untangling shared finances, the process demands careful thought at every turn. Once you've made the decision to file, you face your first legal hurdle:...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms PTAB Jurisdiction Over Expired Patents in IPRs

On January 27, in Apple Inc. v. Gesture Technology Partners, LLC, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has jurisdiction to conduct inter partes reviews (IPRs) over patents that have expired....more

Harris Beach Murtha PLLC

“Good Cause” Eviction Law passed in the City of Rochester

The City of Rochester recently became the largest city in New York outside of New York City to adopt “Good Cause” eviction protections in its local law. The enhanced rental protections include limitations on rent increases...more

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Freiberger Haber LLP

General Release That Was Entered Because of Defendant’s Fraudulent Misrepresentations Held Not To Be Enforceable

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We have written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more

Bradley Arant Boult Cummings LLP

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to...more

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