News & Analysis as of

Remand Motion to Vacate Appeals

McDermott Will & Emery

A Lesson in Laches: You Waited Too Long to Start Your Kar

After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly applying the presumption...more

Troutman Pepper

There Is No Exception From Arthrex For Ex Parte Proceedings

Troutman Pepper on

In re Boloro Global Ltd., Appeal Nos. 2019-2349, -2351 and -2353 (Fed. Cir., July 7, 2020). Boloro appealed to the PTAB final rejections in three patent applications, which the PTAB ultimately affirmed. On appeal of the...more

King & Spalding

Due to Intervening Change in Law, Ninth Circuit Allows Plaintiffs Another Opportunity to Pursue Class Claims After They...

King & Spalding on

The Ninth Circuit recently clarified what standard applies when a party seeks relief from judgment under Rule 60(b). In so doing, the court allowed two plaintiffs who had previously voluntarily dismissed their class action...more

Fisher Phillips

California Supreme Court Provides A Dose Of Helpful Medicine For Healthcare Employers

Fisher Phillips on

In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal...more

Foley Hoag LLP - Environmental Law

Can EPA Keep Winning By Losing? Another Court Remands An EPA Rule Without Vacatur

Last Wednesday, the D.C. Circuit Court of Appeals remanded EPA’s rule exempting stationary engines that operate up to 50 hours per year to supply non-emergency service to power providers from the EPA NESHAP for reciprocating...more

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