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Courts Are Mimicking Delaware's Approach To Ultra Vires Acts

Law 360

Recent state court decisions mirroring procedures employed by the Delaware Chancery Court to short-circuit the adjudication of disputes concerning ultra vires corporate acts are a welcome sign for parties who are required to litigate their corporate disputes outside of Delaware, say attorneys at Akerman.

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Collateral Estoppel Beats Precedent Every Time

Patently O

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

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Brand-Generic Drugs: Infringement Judged by the ANDA Filing

Patently O

Thus, ANDA patent lawsuits are ordinarily decided by bench trial–and typically by one of the Delaware district court judges. Neither court decision discusses the doctrine of equivalents.). No Declaratory Judgment of Infringement. I have not thought through all the claim preclusion issues. Opinion by: Moore.

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The First Precedential Patent Decision of 2023: Dexcom v. Abbott Diabetes Care

Patently O

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

A Hawaii court held that the Hawai‘i Environmental Policy Act requires environmental review for commercial taking of aquarium fish and that Department of Land and Natural Resources issuance and renewal of licenses for commercial aquarium collection without environmental review was invalid and illegal. In Delaware v. Chevron Corp.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Delaware Lawsuit Sought Damages from Fossil Fuel Companies for Climate Change Injuries. The common law claims asserted by Delaware are negligent failure to warn, trespass, and nuisance. The State seeks compensatory damages, penalties for violation of the Consumer Fraud Act, attorneys’ fees, punitive damages, and costs of suit.

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High Court Gun Ruling Fuels Licensing Debate in States

The Crime Report

A Supreme Court decision Thursday upending a century-old New York State gun licensing restriction has been called a major blow to state gun control interventions across the country. The Court released its opinion in New York State Rifle & Pistol Association (NYSRPA) v.

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