Correspondent
White House correspondent, covers patent, trade and regulatory news
The Seventh Circuit affirmed the denial of a motion to stay litigation in favor of arbitration, holding that the employer failed to prove the employee validly consented to arbitrate. The court clarified that federal policy favors treating arbitration agreements like other contracts, not favoring them above all others.
The Eleventh Circuit affirmed a district court order remanding a foreclosure dispute to state court because the defendant's removal was untimely. The court held that the defendant failed to file the notice of removal within the statutory thirty-day window.
The Eleventh Circuit affirmed a district court dismissal of a flood insurance claim suit filed more than a year after the insurer's initial denial. The court held that a claim is considered proved under the National Flood Insurance Act when an adjuster's report is accepted, even without a sworn proof of loss.
The Eleventh Circuit affirmed a district court's grant of summary judgment in a prisoner's Eighth Amendment medical care claim. The court found no genuine dispute regarding the seriousness of the plaintiff's foot pain or any deliberate indifference by the medical director.
The Eleventh Circuit affirmed the disallowance of AAR's indemnification claim as a contingent reimbursement claim under 11 U.S.C. § 502(e)(1)(B). However, the court reversed the disallowance of AAR's bankruptcy-costs fees, holding that the Bankruptcy Code does not implicitly bar post-petition attorney fees for unsecured creditors.
The United States Court of Appeals for the Tenth Circuit affirmed a district court dismissal of a pro se challenge to tribal membership classification. The court held that the statutory window to contest the determination under the Ute Partition Act had long expired.
The United States Court of Appeals for the Tenth Circuit affirmed a summary judgment ruling in favor of The Nature Conservancy. The court held that a property owner failed to prove the elements of promissory estoppel based on alleged oral statements made during a lunch meeting.
The Fifth Circuit certified a question to the Louisiana Supreme Court regarding whether an insurer's breach of a cooperation clause bars a third party's direct action under Louisiana law. The court paused the federal appeal because it cannot make a reliable 'Erie guess' without state guidance on this unsettled issue.
The Fifth Circuit certified a question to the Mississippi Supreme Court regarding whether construction liens are valid when they rely on attached invoices that fail to clearly identify the last date labor was provided. The appellate court remanded the case with instructions to await the state court's answer before proceeding.
The Federal Circuit dismissed Andre Youngblood's appeal from the Court of Federal Claims because his notice of appeal was filed after the statutory deadline. The court held that the appellant failed to provide evidence satisfying the prison mailbox rule to prove his filing was timely.
