Correspondent
White House correspondent, covers patent, trade and regulatory news
The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision in a labor dispute involving freight and delivery companies. The panel found no reversible error after reviewing the parties' briefs and the record.
The Sixth Circuit affirmed a summary judgment ruling in a premises-liability case where a plaintiff slipped on oil in a parking lot. The court held that the plaintiff's self-contradictory testimony failed to create a genuine dispute of material fact regarding whether the store had notice of the hazard.
The United States Court of Appeals for the Tenth Circuit reversed a district court dismissal of a trademark infringement dispute between two charter school entities. The appellate court held that the underlying management contract was ambiguous regarding the scope of post-termination name usage rights.
The Eleventh Circuit affirmed the district court's grant of summary judgment in a civil securities dispute. The court rejected the appellant's arguments regarding untimely amendment, waiver of objections to a magistrate judge, and judicial recusal.
The Eighth Circuit affirmed a district court order denying a judgment creditor's motion to depose its former counsel regarding a third-party defendant's finances. The court held that the proposed discovery violated a prior order prohibiting further inquiry into the third party's finances absent new evidence of fraudulent transactions.
The Ninth Circuit affirmed a district court order denying a motion to proceed in forma pauperis. The court held that the appeal was moot because the appellant had already paid the required filing fee.
The Ninth Circuit clarified the scope of immunity available to Chapter seven bankruptcy trustees, reversing a lower court ruling that granted immunity for alleged negligence in managing estate assets. The court held that trustees acting as property managers are not entitled to quasi-judicial immunity and remanded the case for further proceedings.
The United States Court of Appeals for the Ninth Circuit affirmed the lower court's denial of a renewed motion for reconsideration in a bankruptcy-related dispute. The panel held that the appellant failed to file the motion within a reasonable time as required by federal rules.
The Ninth Circuit affirmed a district court order denying a pro se plaintiff's motion for reconsideration. The appellate court also dismissed contentions regarding the underlying judgment because the notice of appeal was not filed within the required thirty-day window.
The Ninth Circuit denied a petition for a writ of mandamus seeking to overturn a district court order declining to appoint Crain Walnut Shelling as lead plaintiff in a securities fraud class action. The panel clarified that the standard of proof for rebutting the presumption of adequacy under the Private Securities Litigation Reform Act is preponderance of the evidence.
