Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fifth Circuit vacated a district court dismissal based on a pre-litigation mediation clause, finding the defendants waived their right to enforce it. The court held that the defendants failed to pursue mediation within the contractual thirty-day window and instead engaged in repossession and litigation tactics.
The United States Court of Appeals for the Federal Circuit reversed a district court ruling that estopped Valve Corporation from asserting invalidity grounds in a patent infringement suit. The appellate court found the district court relied on insufficient evidence and failed to adequately account for hindsight bias in its estoppel analysis.
The United States Court of Appeals for the Federal Circuit affirmed a Merit Systems Protection Board decision upholding a six-day furlough of a Department of Defense civilian employee. The court held that the furlough was a reasonable management solution to fiscal constraints imposed by sequestration and promoted the efficiency of the service.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a homeowner's insurance dispute after she accepted an appraisal award without challenging it. The court held that the plaintiff's acceptance of the award and failure to contest it barred her subsequent claims for breach of contract and tort.
The Seventh Circuit affirmed a district court grant of summary judgment in a dispute over a failed telecommunications subcontracting arrangement. The court held that no enforceable contract existed and that the plaintiff failed to prove reliance or unjust enrichment under Indiana law.
The Third Circuit affirmed the dismissal of an ERISA claim against an employer who delegated claims administration to an insurance carrier. The court held that the employer was not a proper defendant because it lacked authority over benefit determinations.
The United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a civil action brought by Yufan Zhang. The court held that the district court correctly applied res judicata and collateral estoppel based on prior federal decisions and arbitration.
The Ninth Circuit issued a memorandum decision regarding a petition for review of a Board of Immigration Appeals order. The court dismissed and denied most claims but remanded the case for consideration of voluntary departure.
The United States Court of Appeals for the Federal Circuit dismissed an appeal from the Court of Appeals for Veterans Claims due to a lack of subject matter jurisdiction. The court found that the appellant forfeited the arguments he now raises by failing to present them in his opening brief to the Veterans Court.
The Ninth Circuit invited amicus briefs to address the valuation of SAFE Notes and the pleading requirements for loss causation in securities fraud cases involving such instruments. The court sought guidance on whether plaintiffs must prove a conversion event is impossible to establish loss causation under Section ten of the Securities Exchange Act.
