Appellate and Constitutional Law

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Supreme Court of California Exempts Life Insurance Products from Scope of California’s Consumers Legal Remedies Act

On April 20, 2009, the Supreme Court of California narrowed the scope of California's Consumers Legal Remedies Act ("CLRA") by holding in a unanimous opinion that life insurance is not a "good" or "service" subject to the CLRA.  Fairbanks v. Superior Court (Farmers New World Life Ins.

Client Alert | April 27, 2009

Interlocutory Appellate Review of Class-Certification Rulings under Rule 23(f): Do Articulated Standards Matter?

Los Angeles partner Julian W. Poon and associates Blaine H. Evanson and William K. Pao are the authors of "Interlocutory Appellate Review of Class-Certification Rulings under Rule 23(f): Do Articulated Standards Matter?" [PDF] published in the Winter 2009 issue of DRI's Certworthy Newsletter.

Article | March 31, 2009

Tenth Circuit Rules on Loss Causation

Los Angeles partner Theodore J. Boutrous Jr.  and Julian W. Poon are the authors of "Tenth Circuit Rules on Loss Causation" [PDF] published in the March 2009 issue of Insights.

Client Alert | March 31, 2009

Federal Circuit Agrees to Reconsider Extraterritorial Reach of Patent Laws

The United States Court of Appeals for the Federal Circuit has granted en banc rehearing in Cardiac Pacemakers, Inc. et al. v. St. Jude Medical et al., a case with important ramifications for all companies that do business both in the United States and abroad.  The question that the en banc Court has agreed to decide is "does 35 U.S.C.

Client Alert | March 10, 2009

Tenth Circuit Affirms Award of Costs to Prevailing Defendants in What Plaintiffs Claim Is the Highest Costs Award in the History of American Jurisprudence

We issued a Client Alert on February 19, 2009 on the Tenth Circuit opinion setting forth a robust analysis of the loss causation burden under the federal securities laws.

Client Alert | March 3, 2009

Must Employers Include Meal-Period Premium Payments in the “Regular Rate” Used to Compute the Overtime Owed to Their Employees?

On February 25, 2009, Judge Saundra B. Armstrong of the U.S. District Court for the Northern District of California resolved a novel question of federal labor law of significant import for employers in California by holding, in the context of a putative state-wide class-action in Rubin v. Wal-Mart Stores, Inc., No.

Client Alert | February 26, 2009

Tenth Circuit Issues Opinion Providing Robust Analysis of the Loss Causation Burden Under Federal Securities Laws

On February 18, 2009, the United States Court of Appeals for the Tenth Circuit issued a significant decision in In re: Williams Securities Litigation--WCG Subclass (Docket Number 07-5119), that clarified the contours of a plaintiff's "loss causation" burden under federal securities laws.

Client Alert | February 19, 2009

You Do Have A Voice In The Speaker’s Race

Dallas associate Lawrence VanDyke is the author of "You Do Have A Voice In The Speaker's Race" [PDF] published in print and online by the Austin-American Statesman on January 5, 2009.

Client Alert | January 5, 2009

The Inapplicability of Rule 23(b)(1) to ERISA Class Actions

Washington, D.C. partner Mark A. Perry and of counsel Paul Blankenstein are the authors of "The Inapplicability of Rule 23(b)(1) to ERISA Class Actions" [PDF] published in the December 5, 2008 issue of BNA Inc.'s Workplace Law Report.

Client Alert | December 5, 2008

Second Circuit Leaves Door Open for Foreign Plaintiffs’ Securities Actions Against Foreign Issuers

On October 23, 2008, the United States Court of Appeals for the Second Circuit issued a published and precedential decision in Morrison v. National Australia Bank (Docket Number 07-0583-cv), which left open the door for applications of the anti-fraud provisions of American securities laws in so-called "Foreign-Cubed" securities cases--that is, cases brought by foreign plaintiffs, against a foreign company, arising out of a foreign securities transaction.  Although the Court declined to exercise jurisdiction because of the particular facts of the National Australia Bank case, the Court also declined to adopt a bright-line rule barring jurisdiction in all such cases.  Facts and Procedural Posture of National Australia BankNational Australia Bank ("NAB") is Austr

Client Alert | October 29, 2008

Choice Roles

London partner Rachel Couter is the author of "Choice roles" [PDF] published in the October 20, 2008 issue of The Lawyer.

Client Alert | October 20, 2008

The Supreme Court Sets New Punitive Damage Limits Under Federal Common Law

Los Angeles of counsel William E. Thomson and associate Kahn A. Scolnick are the authors of "The Supreme Court Sets New Punitive Damage Limits Under Federal Common Law" [PDF] published in the October 2008 issue of Class Action Watch.

Client Alert | October 1, 2008

U.S. Supreme Court’s Decision Limits the Amount of Punitive Damages Available under Federal Common Law and Comments on Due Process Limitations on Punitive Damages in Class Actions

On June 25, 2008, the Supreme Court issued an important decision clarifying the standards for punitive damages review under federal common law. In an opinion authored by Justice Souter (in which Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas joined, and Justices Stevens, Ginsburg and Breyer joined in part), the Court vacated a $2.5 billion punitive damages award as excessive under federal maritime common law, and set an upper limit on such awards of a 1:1 punitive-to-compensatory damages ratio.  In Exxon Shipping Co., et al.

Client Alert | June 26, 2008

U.S. Supreme Court Narrows the Scope of the False Claims Act

On June 9, 2008, the U.S. Supreme Court issued a unanimous opinion in Allison Engine Co. v. United States ex rel. Sanders that significantly narrowed the scope of the False Claims Act.

Client Alert | June 11, 2008

Out with the Old: Two major age discrimination cases are set to be heard in the US Supreme Court

Partners Eugene Scalia and James Cox are authors of "Out with the Old: Two major age discrimination cases are set to be heard in the US Supreme Court" [PDF] which first appeared in Legal Week on April 17, 2008 in its US Focus feature.

Article | April 17, 2008

An Injunction too Far: C v D

Gibson Dunn partner Cy Benson is the author of author of "An InjunctIon too Far: C v D" [PDF] published in Vol 3, Issue 1, of the Global Arbitration Review, page 38, www.GlobalArbitrationReview.com.

Client Alert | March 7, 2008

U.S. Supreme Court Holds That Federal Law Preempts State-Law Claims Challenging the Design and Labeling of FDA-Approved Medical Devices

On February 20, the Supreme Court of the United States issued an 8-1 decision in Riegel v. Medtronic, Inc., which held that federal law preempts state-law products liability claims challenging the design and labeling of medical devices that the federal Food and Drug Administration ("FDA") has found to be safe and effective.

Client Alert | February 22, 2008

Supreme Court Reaffirms Narrow Scope of Primary Liability Under Section 10(b): Stoneridge Investment Partners v. Scientific Atlanta, Inc.: The Supreme Court Rejects “Scheme” Liability, Insights, Vol. 22, No. 1

New York partner Jonathan C. Dickey, Washington, D.C. partner Mark A. Perry, and Los Angeles partner Julian W. Poon are authors of "Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: The Supreme Court Rejects 'Scheme' Liability" [PDF] published in the January 2008 issue of Insights.

Client Alert | February 10, 2008

Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action

Washington, D.C. partner Mark Perry is the author of "Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action" [PDF] published in the February 2008 issue of Wall Street Lawyer.

Client Alert | February 1, 2008

U.S. Supreme Court’s Decision Today Limits the Scope of Private Rights of Action Under the Federal Securities Laws

On January 15, 2008, the Supreme Court issued an important decision clarifying the contours of private actions under the key anti-fraud provision of the securities laws.

Client Alert | January 15, 2008

OPEN Government Act Restores Promise of FOIA

Gibson Dunn of counsel James C. Ho authored an article entitled "OPEN Government Act Restores Promise of FOIA" [PDF] for the January 2008 issue of the MediaLawLetter, published by the Media Law Resource Center.

Client Alert | December 31, 2007

Constitutional Law: Punitives And Process

Dallas partner James Ho is the author of “Constitutional Law: Punitives And Process” [PDF] published in the December 24, 2007 issue of Texas Lawyer.

Client Alert | December 24, 2007

Two Recent Supreme Court Decisions Emphasize the Significant Discretion of District Judges to Impose Sentences Outside of the Sentencing Guidelines Range

On December 10, 2007, the Supreme Court issued two 7-2 decisions clarifying that federal district judges have significant discretion to impose sentences below (or above) those called for under the Federal Sentencing Guidelines.

Client Alert | December 12, 2007

Studying Schneider

Brussels Partner Peter Alexiadis & Associate Vassili Moussis, are authors of "Studying Schneider," [PDF] published in the October 2007 issue of the European Lawyer.

Client Alert | October 31, 2007

Schneider/Legrand: le jugement du TPI ne règle pas tout

Brussels Partner Peter Alexiadis and Associate Vassili Moussis are the authors of "Schneider/Legrand: le jugement du TPI ne règle pas tout" [PDF--the article is in French, the title roughly translates as: "Schneider/Legrand: Judgment of the Court of First Instance Does Not Settle Everything"] published in the October 8, 2007 issue of La Lettre des Juristes d'Affaires.

Client Alert | October 8, 2007

The Supreme Court’s Renewed Interest in Antitrust and Intellectual Property Law

Gibson Dunn of counsel James C. Ho is the author of "The Supreme Court's Renewed Interest in Antitrust and Intellectual Property Law" [PDF] published in the ABA Antitrust Litigator.

Client Alert | September 23, 2007

UK Financial Services Authority Ordered to Disclose Identity of Entities Investigated for, But Not Formally Charged with, Regulatory Breaches

In a previous client update ("UK Court of Appeal confirms that documents created by regulators are not always protected from production in court proceedings"), we discussed a recent Court of Appeal decision confirming the limitations on the statutory protections granted to documents created by the chief regulatory body in the UK, the Financial Services Authority (the FSA), in the course of its confidential investigations into regulated entities for suspected rule breaches.  In particular, the Court of Appeal confirmed that such documents are not always protected from production in subsequent court proceedings, even though this will enable claimants to obtain documents that already contain the benefit of a regulatory body's analysis of facts and to obtain advance indications

Client Alert | September 19, 2007

Defining “American”: Birthright Citizenship and the Original Understanding of the 14th Amendment

Gibson Dunn of counsel James C. Ho is the author of "Defining 'American': Birthright Citizenship and the Original Understanding of the 14th Amendment" [PDF], published in the Summer 2006 isssue of the Green Bag.

Client Alert | September 16, 2007

The European Court of First Instance Rules in Favour of Compensation for Illegal Prohibition of a Merger by the European Commission in Schneider/Legrand

On 11 July 2007, the European Court of First Instance (the "CFI") delivered its long-awaited Judgment in the appeal of Schneider Electric S.A. ("Schneider") against the Decision of the European Commission (the "Commission").

Client Alert | July 19, 2007

In a Landmark Antitrust Decision, the U.S. Supreme Court Overturns the 96-Year-Old Per Se Rule Against Minimum Resale Price Maintenance Agreements

On June 28, the Supreme Court of the United States held in Leegin Creative Leather Products, Inc. v. PSKS, Inc. that resale price agreements should be evaluated under the rule of reason to determine whether there is a violation of Section 1 of the Sherman Act.

Client Alert | June 28, 2007

Supreme Court Decision in Rita v. United States Resolves Role for Presumption of Reasonableness in Federal Sentencings

On June 21, 2007, the Supreme Court issued an 8-1 decision in Rita v. United States, No. 06-5754, affirming the ability of appellate courts to use a presumption of reasonableness where the sentences they are reviewing were imposed within the applicable range under the Federal Sentencing Guidelines.

Client Alert | June 25, 2007

Supreme Court Establishes Rigorous Pleading Standard for Investor Suits

On June 21, 2007, the Supreme Court issued an 8-1 decision in Tellabs v. Makor Issues & Rights, No. 06-484, explaining the plaintiff’s burden under § 21D(b)(2) of the PSLRA (15 U.S.C.

Client Alert | June 22, 2007

Supreme Court Holds in United States v. Atlantic Research That Potentially Responsible Parties Have a Cost Recovery Cause of Action Under Section 107(a)(4)(B) of CERCLA

On June 11, 2007, the Supreme Court issued a unanimous opinion in United States v. Atlantic Research Corporation, No. 06-562, holding that the plain language of Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

Client Alert | June 11, 2007

U.S. Supreme Court Issues Highly Anticipated Opinion in KSR v. Teleflex

On April 30, the Supreme Court issued a unanimous opinion in KSR Int'l Co. v. Teleflex Inc., which has the potential to reshape long-standing Federal Circuit law and United States Patent and Trademark Office practice on determining whether a patent is "obvious" under 35 U.S.C.

Client Alert | May 3, 2007

U.S. Supreme Court Limits the Extraterritorial Reach of U.S. Patent Law

On April 30, the Supreme Court of the United States issued a 7-1 decision in Microsoft Corp. v. AT&T Corp. that held that Microsoft is not liable under 35 U.S.C.

Client Alert | April 30, 2007

Supreme Court Hears Oral Argument in United States v. Atlantic Research and Considers Whether Potentially Responsible Parties Have a Cost Recovery Cause of Action Under Section 107(a)(4)(B) of CERCLA

On Monday, April 23, 2007, the Supreme Court held oral argument in United States v. Atlantic Research Corporation, Case No. 06-562. The Court granted certiorari in Atlantic Research to answer a question that it expressly left open in Cooper Industries, Inc.

Client Alert | April 24, 2007

Fifth Circuit Narrows Scope of Liability Under Federal Securities Anti-Fraud Statute, and Rejects Class Certification in Enron Securities Litigation

In a decision having important implications both for the scope of liability under the securities laws and for class certification in general, on March 19, the Fifth Circuit ruled that a securities fraud action against certain financial institutions that participated in transactions with Enron Corporation could not proceed as a class action.

Client Alert | March 22, 2007

Supreme Court Strengthens Constitutional Protections Against Arbitrary and Excessive Punitive Damage Awards

In a 5-4 opinion issued this week, the United States Supreme Court struck down a $79.5 million punitive damage award as unconstitutional under the Due Process Clause of the Fourteenth Amendment to the U.S.

Client Alert | February 23, 2007

Fifth Circuit Issues Important Decision on Class Certification in ERISA “Stock Drop” Fiduciary Breach Litigation

A recent decision of the U.S. Court of Appeals for the Fifth Circuit has addressed one of the most important issues in the recent wave of ERISA fiduciary breach “stock drop” litigation.

Client Alert | February 5, 2007

Fourth Circuit Holds Employer Health-Coverage Mandates Are Preempted, Strikes Down Maryland’s “Anti-Wal-Mart Law”

The U.S. Court of Appeals for the Fourth Circuit this week struck down Maryland's controversial "Fair Share Health Care Fund Act," popularly known as the "anti-Wal-Mart law." Affirming a ruling by the federal district court in Maryland, the Fourth Circuit ruled that health-benefits mandates like the Maryland Act are preempted by the federal Employee Retirement Income Security Act (ERISA).Gibson Dunn represented the plaintiff trade group, the Retail Industry Leaders Association (RILA), in both the district court and the court of appeals.

Client Alert | January 19, 2007

Supreme Court Decision Removes One Procedural Obstacle to Federal Lawsuits Challenging Patents

In a recent decision of note, the U.S. Supreme Court ruled patent licensees in good standing may challenge the validity of the patent, or assert non-infringement, without first terminating their license agreements.

Client Alert | January 11, 2007

Ninth Circuit Finds Insurance Claims Adjusters Exempt from Overtime Under Fair Labor Standards Act

In an appeal handled by Gibson, Dunn & Crutcher LLP, the Ninth Circuit yesterday reversed a $52.5 million judgment awarded to Farmers Insurance Exchange claims adjusters who alleged that they had been misclassified as exempt and denied overtime.

Client Alert | October 27, 2006

Gibson Dunn’s Theodore B. Olson is Named One of the Nation’s Most Influential Lawyers

Gibson Dunn's Theodore B. Olson is named among the 100 Most Influential Lawyers in the country by the National Law Journal.  Olson is featured in the article, "Profiles in Power," in the June 19 issue.Reprinted with permission.

Client Alert | July 7, 2006

Supreme Court Ruling Gives Broad Protection to Employees Claiming Retaliation Under Title VII

On June 22, 2006 the Supreme Court resolved a significant rift among lower courts and established broad protection for employees claiming retaliation based on complaints of workplace discrimination.

Client Alert | June 23, 2006

Lawyers Can Reap Results With Judge’s Method

Gibson Dunn partner Daniel Kolkey is the author of "Lawyers Can Reap Results With Judge’s Method," [PDF] published by the Los Angeles Daily Journal.Reprinted with Permission, © The Daily Journal Corporation.

Client Alert | March 22, 2006

U.S. Supreme Court Issues Landmark Ruling Abrogating Its Decades-Old Presumption that Antitrust Market Power Arises From the Mere Ownership of IP Rights

In a landmark decision handed down by the U.S. Supreme Court on March 1, 2006, the Court unanimously abrogated its decades-old presumption, articulated most prominently in United States v. Loew’s, Inc., 371 U.S.

Client Alert | March 2, 2006