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Results: 1-10 of 2,252

Jovani Fashion, Ltd. v. Fiesta Fashions: Second Circuit finds dress designer's copyright claim weak at the seams
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 29 2012

On October 15, 2012, the United States Court of Appeals for the Second Circuit issued its opinion in Jovani Fashion, Ltd. v. Fiesta Fashions , Docket No. 12-598-cv, 2012 WL 4856412, holding that the prom dress artwork of fashion designer Jovani Fashions, Ltd. (“Jovani”) lacked copyrightable elements, and thus, could not be infringed by a competitor’s design


Bright line rule: collateral estoppel precludes attacks on quasi-judicial permit decisions (but stay tuned: rehearing granted on the court’s own motion)
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 16 2014

Simply stated: "a collateral attack is not a substitute for an appeal" reasoned the Second Appellate District Court in Bowman v. California Coastal


FDA's draft guidance for industry on pre-launch activities importation requests: dead on arrival?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 30 2013

On July 25, 2013, the Food and Drug Administration ("FDA" or "the Agency") published a Draft Guidance for Industry entitled "Pre-Launch Activities


What 1st antitrust extradition means for auto parts case
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 14 2014

On April 4, 2014, the U.S. Department of Justice, Antitrust Division announced a milestone victory, having successfully litigated its first


Plaintiffs hit an Illinois Brick wall: indirect purchasers of iPhone apps lack standing to bring antitrust suit
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 19 2013

On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple


New York Appeals Court applies liberal standard in reinstating a sex bias claim under the City Human Rights Law
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 13 2013

In a recent decision from the Appellate Division, First Department, a unanimous panel reinstated claims asserted by three plaintiffs under the New


Ninth Circuit rules that Twombly standard of specificity applies to FLSA pleadings
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 17 2014

On November 12, 2014, in Greg Landers v. Quality Communications Inc., the Ninth Circuit clarified a previously unsettled point of law by confirming


The Ninth Circuit holds that res judicata bars state recovery of restitution for members of a CAFA-compliant class action
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 19 2014

In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California


Ninth Circuit rejects use of preemptive litigation to validate federal approvals
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 24 2014

The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a possible litigation


Sham Hatch-Waxman infringement suits and FDA citizen petitions; a potential for new liability for innovators?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 12 2014

Under what is commonly known as "Noerr-Pennington immunity," persons exercising their First Amendment right to petition the government for redress