Correspondent
White House correspondent, covers patent, trade and regulatory news
The First Circuit affirmed the dismissal of a tortious interference claim, ruling that the district court properly applied a pending motion to dismiss to an amended complaint. The court held that the amended pleading failed to plausibly allege that the defendant knew of the plaintiff's contract with a third party.
The Fifth Circuit affirmed that a Chapter 7 trustee cannot earn commissions on surplus distributions made to an entity functioning as the debtor's stand-in. The court held that such payments fall under the statutory category for returning equity to the debtor, which is explicitly excluded from the trustee's compensation calculation.
The Fifth Circuit affirmed the dismissal of a debtor's claim for damages, ruling that no automatic bankruptcy stay existed because the debtor had filed two prior cases within the preceding year that were dismissed. The court held that under 11 U.S.C. § 362(c)(4)(A)(i), the automatic stay is terminated entirely for repeat filers unless a specific motion is made to extend it.
The court addresses an administrative law dispute concerning the Environmental Protection Agency’s authority to approve state-level vehicle inspection programs under the Clean Air Act, specifically evaluating whether the agency properly exercised its discretion in approving a…
The Tenth Circuit affirmed a jury verdict finding that a trucking accident did not cause the plaintiff's injuries. The court held that the plaintiff failed to preserve sufficiency of evidence arguments and could not prove ineffective assistance of counsel in a civil case.
The Third Circuit affirmed the District Court's denial of a former Air Force reservist's request to correct his military record under the Administrative Procedure Act. The court held that the Air Force Board's decision to deny the petition was supported by substantial evidence and was not arbitrary or capricious.
The Fifth Circuit affirmed a district court ruling allowing a breach of contract dispute between joint venture partners to proceed without joining the joint venture entity itself. The court held that the joint venture was not an indispensable party and that one partner's retention of settlement funds violated the joint venture agreement.
The Eleventh Circuit dismissed an appeal because the district court's order did not constitute a final decision under 28 U.S.C. § 1291. The court held that the order denying summary judgment was interlocutory and did not qualify for the collateral order doctrine.
The Eleventh Circuit affirmed a district court's imposition of sanctions against attorneys for pursuing a frivolous civil conspiracy claim that violated the intracorporate conspiracy doctrine. The court also rejected the appellants' argument that the district judge should have recused himself due to alleged bias from prior rulings and trial comments.
The Federal Circuit affirmed the Patent Trial and Appeal Board's decision that claims for an electronic message management system were unpatentable as obvious. The court held that the Board's finding was supported by substantial evidence that prior art disclosed the patent's specific delivery parameters.
