Appellate and Constitutional Law

662 Search Results

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