News & Analysis as of

Mootness Appeals Standing

Holland & Hart - Employers' Lawyers

A Tale Of Two Rulings: This Week’s Conflicting Decisions On The Pregnant Worker’s Fairness Act

Tuesday, June 18, 2024, marks the effective date of the Pregnant Worker’s Fairness Act (“PWFA”) Final Rule, which is now effective in 48 states. The path to implementing the PWFA has been fraught with lawsuits, culminating in...more

Pierce Atwood LLP

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

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At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

McDermott Will & Emery

Don’t Ruin Today’s CNS with Yesterday’s Problems

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The US Court of Appeals for the Fifth Circuit reversed a district court’s trademark invalidity finding based on lack of subject matter jurisdiction because a covenant not to sue (CNS) issued by the trademark owner precluded...more

Dickinson Wright

Issues Becoming Moot on Appeal

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Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more

Bass, Berry & Sims PLC

Supreme Court Decides Uzuegbunam v. Preczewski: A Request for Nominal Damages is All You Need

On March 8, the United States Supreme Court issued its opinion in Uzuegbunam v. Preczewski, holding that a claim for nominal damages saves a claim from dismissal on mootness grounds. For more background on the case, see the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2021 #2

ABS Global, Inc. v. Cytonome/ST, LLC, Appeal No. 2019-2051 (Fed. Cir. Jan. 6, 2021) For the second time in two weeks, our Case of the Week concerns issues relating to Article III justiciability of an appeal from an IPR...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal

Now that the new year has started, we’re seeing an uptick in precedential opinions.  This week we decided to turn back to patent appeals, taking a look at IPRs and Article III—always a fun topic.  Below we provide our usual...more

Seyfarth Shaw LLP

Distressed Company M&A in the Time of COVID-19: Benefits and Risks of Section 363 Sales

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The COVID-19 pandemic and the drastic measures taken in an effort to mitigate its adverse impact have sent shock waves throughout the US and global financial systems. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Just Keep Driving: Minnesota Courts Continue to Block ADA Title III “Drive-By” Suits

In early 2018, Minnesota federal courts issued two decisions dismissing so-called “drive-by” disability access lawsuits under Title III of the Americans with Disabilities Act (ADA). That trend has continued in 2019. In fact,...more

Jones Day

Seventh Circuit: Section 363(m) Does Not Moot but Instead Provides a Defense to an Appeal of an Unstayed Bankruptcy Asset Sale...

Jones Day on

In Trinity 83 Dev., LLC v. ColFin Midwest Funding, LLC, 917 F.3d 599 (7th Cir. 2019), the U.S. Court of Appeals for the Seventh Circuit held that section 363(m) of the Bankruptcy Code does not moot an appeal involving a...more

McDermott Will & Emery

Mootness on Appeal from PTAB

The US Court of Appeals for the Federal Circuit dismissed an appeal of an inter partes review (IPR), finding that the challenger lacked appellate standing because it had terminated its attempts to develop the infringing...more

Knobbe Martens

Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company

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Federal Circuit Summaries - Before Newman, Dyk, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: An injury-in-fact is required to establish Article III standing for judicial review of agency action,...more

Goodwin

Federal Circuit Dismisses Momenta’s Appeal of Adverse Final Written Decision in Abatacept IPR

Goodwin on

This morning, the Federal Circuit issued a precedential opinion dismissing Momenta’s appeal from the PTAB’s final written decision upholding the patentability of Bristol-Myers Squibb’s abatacept patents against Momenta’s IPR...more

Dechert LLP

English Court of Appeal Ruling Emphasises Need for Care When Launching Proceedings as Part of an International Litigation Strategy

Dechert LLP on

Commercial court litigation is often seen as a tactical weapon that provides a means to a greater end, in an international context the end perhaps being the securing of an English judgment that might then assist parallel...more

Knobbe Martens

Case Summary - PPG Industries, Inc. v. Valspar Sourcing, Inc.

Knobbe Martens on

In a non-precedential decision, the Federal Circuit found that appellant PPG had Article III standing to file an appeal from two inter partes reexaminations. However, the Court found that appellee Valspar’s subsequent...more

Sheppard Mullin Richter & Hampton LLP

Delaware Supreme Court Confirms that Dilution Claims Typically Are Derivative and Are Extinguished After a Merger

Stockholder claims alleging wrongful dilution are typically considered to be derivative in nature. Several decisions out of Delaware, however, have created exceptions to this general rule allowing stockholders to sue...more

King & Spalding

Nicklaw v. CitiMortgage, Inc.: Eleventh Circuit Holds Statutory Violation Insufficient to Confer Article III Standing Absent...

King & Spalding on

On October 6, 2016, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Nicklaw v. CitiMortgage, Inc., dismissing, for lack of Article III standing, a class action complaint that alleged...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Pierce Atwood LLP

First Circuit Weighs In On Rule 68 Mootness Issue

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In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

Benesch

Rejected Offer Of Judgment Does Not Moot Plaintiff’s Claim, Fifth Circuit Holds

Benesch on

On August 12, 2015, the Fifth Circuit held that a plaintiff’s rejection of an offer of judgment does not moot the plaintiff’s claim, even if the offer provides complete relief to the plaintiff. Hooks v. Landmark Indus.,...more

BakerHostetler

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

BakerHostetler on

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Wilson Sonsini Goodrich & Rosati

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

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