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In a ruling for T-Mobile, San Francisco federal district court judge William Alsup notes that "perhaps regrettably" the high court rejected the plaintiff's argument that class actions provide the only practical recourse for individuals with relatively small claims.
Rivero v. Blue Keel Funding L.L.C.
Although the petition's prayer does not specifically request relief against the appellant, the court concludes the pleading gives fair notice that the appellant was being sued in his individual capacity as a guarantor under the lease agreements. Moreover, any dispute over the sufficiency of the pleading to state a cause of action against the appellant based on his guaranty should have been raised by appellant by special exception.Green Island Power Authority, petitioners v. Federal Energy Regulatory Commission, respondent
Free With Registration: FERC Arbitrarily Denied Power Authority's Motion To Intervene in Hydroelectric Project's RelicensingAfter Cipro Battle, Patent-Busting Is Still Live Issue
Last fall, politicians and the media alike discussed the possibility of "busting" Bayer's patents on Cipro so that the government and generic drug companies could satisfy an alleged shortage of the anthrax-fighting drug. Although Bayer and the U.S. government eventually reached a settlement, the topic of patent-busting could arise again, so the potential problems of such an action merit discussion.A Primer on Preserving Objections and Arguments for Appeal in Federal Court
Weil, Gotshal & Manges' Gregory Silbert and Andrey Spektor write that the preservation of issues for appeal frequently takes a backseat to the day-to-day exigencies of preparing witnesses, examination outlines, and motions in limine. All too often, attorneys resort to trusting that an incorrect decision will be rectified on appeal only to be met with the harsh rule of waiver. Stung once, trial counsel may overlearn from their mistakes. Sacrificing rhythm, resources and their rapport with the trial judge, they may press objections or motions they know the court will reject, even after the issue has already been adequately preserved.We've been looking forward to watching a defense team led by Brendan Sullivan Jr. of Williams & Connolly and Barry Ostrager of Simpson Thacher face off against the FDIC's lawyers at Reed Smith. But on Tuesday FDIC officials confirmed that, in return for a combined $64 million settlement, the agency will drop its claims that three former WaMu executives contributed to the bank's demise.
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