In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more
State v. Rodner, 2024 WL 832307 - The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible...more
Arabruny Lindor v. Janoris Jenkins, Superior Court of New Jersey, Appellate Division, A-1671-22 (Mar. 5, 2024) - It is a well-known tenet of law in New Jersey that a party has 30 days from the arbitration award to file a...more
On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more
Is a post-trial motion necessary to preserve the right to appeal any issue determined by the jury? Collin Crim v. Gina Dietrich, 2020 IL 124318 - Case Summary - Plaintiff, a minor, sustained a shoulder dystocia...more
The U.S. Court of Appeals for the Federal Circuit held in an opinion filed March 18, 2020, that petitioners to the Patent Trial and Appeal Board (PTAB) may not join themselves as a party to their earlier filed inter partes...more
The U.S. District Court for the Central District of California, applying de novo review due to California’s discretionary clause ban, ruled that an employee of Apple, Inc. was not entitled to long-term disability benefits...more
Deregulation was a major theme during the first year of the Trump administration, with President Donald Trump calling on agencies to strike two regulations for each one they added. Many have taken up this call for regulatory...more
On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more
On June 23, 2017, the Federal Circuit held in NantKwest v. Matal that patent applicants seeking review of a decision from the United States Patent and Trademark Office ("PTO") to the district court must pay the PTO's legal...more
Good evidence wins cases. In a trademark opposition, evidence demonstrating how and for how long a mark has been used in commerce (for example, on hangtags, labels, packaging, signage, invoices and online platforms) can be...more
On December 13, 2016, the Ninth Circuit heard oral argument in Robins v. Spokeo (No. 11-56843) on remand from the Supreme Court. We wrote extensively (here, here, and here) about Spokeo before and after the Supreme Court’s...more
On October 27, 2016, a three-judge panel for the United States Court of Appeals for the First Circuit issued an opinion concluding that a Medicare fiscal intermediary (Intermediary) does not have the authority to enter into a...more
Before 2014, Alabama sales tax applied only to the sale of prepaid calling cards or authorization numbers, pursuant to Ala. Code §40-23-1(a)(13). In 2014, the Alabama Legislature amended the above statute to “clarify” that it...more
When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security Act of 1974 (ERISA), district courts must consider all the evidence and...more
Robert Frost’s The Road Not Taken is a great American poem about choices. In the poem, the fork where the two roads diverge provides no indication which path is the better path to travel. In life and law, sometimes the...more
Legal Update - Matt Connolly, a senior associate in Nutter’s Litigation Department, addressed Federal Energy Regulatory Commission (FERC) investigations in Nutter Insights. Matt discussed what triggers a FERC...more
On March 10, 2016, the Federal Circuit ruled that it cannot review the U.S. Patent and Trademark Office’s patent-eligibility guidelines to examiners on how to apply the Supreme Court’s Alice ruling. The appeals court held...more
In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more
Claim Construction Review is De Novo - In Lighting Ballast Control LLC v. Philips Electronics North America Corp., Appeal No. 12-1014, the Federal Circuit sitting en banc reinstated the previous panel decision and...more
On February 21, 2014, the Federal Circuit released its widely-anticipated decision in Lighting Ballast Control LLC v. Phillips Electronics North America Corporation. The decision renews the Court's commitment to fifteen years...more
The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions....more