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Case Summaries

Attorney's Fees

[08/15] Harshad and Nasir Corp. v. Global Sign Systems
Reversing an order confirming arbitration awards and denying motions to vacate the confirmation of an arbitration award in respect to one defendant and issuing a writ of mandate directing the trial court to vacate orders against other parties for attorney fees because the wrong standards were applied in reviewing the arbitrator's award and the arbitrator exceeded their authority by deciding claims one party hadn't agreed to and adding a party as obligor under the award.

[08/10] Rumsey v. Department of Justice
Reversing and remanding a Merit Systems Protection Board determination in a whistleblower suit that one of the three lawyers or firms that represented the plaintiff in their action was not entitled to attorney's fees, but the Board's reliance on the plaintiff's statements rather than examining the record led to a decision that was inconsistent with precedent.

[08/10] AIA America, Inc. v. Avid Radiopharmaceuticals
Affirming the award of attorney's fees to the defendants because the Seventh Amendment right to a jury trial does not apply to attorney's fees under the Patent Act and the district court did not err n making factual findings not foreclosed by the jury's verdict on standing and the plaintiff's due process rights were not violated.

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Antitrust

[08/07] Diamond Sawblades Manufacturers Coalition v. US
Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.

[07/28] In Re Quality Systems, Inc.
Remanding a case in which a Miami retirement trust obtained the stock of a company and later complained of false statements that the district court found to be puffery, forward looking, appropriately cautioned, without knowledge of their falsity, or protected by the safe harbor provision of the Private Securities Litigation Reform Act but the panel found that many of these exceptions did not apply in the given situation.

[07/24] International Longshore and Warehouse Union v. ICTSI Oregon, Inc.
Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.

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Banking Law

[08/02] US v. Stone
Affirming the district court's rulings in the case of a mortgage fraud scheme where the defendant alleged a conflict of interest but the court found that the interest was not significant and the court's judgment would not substantially affect the companies involved and because the sentence and restitution order were not an abuse of discretion.

[05/22] Hardwick v. Wilcox
In an action arising out of a series of loans defendant made to plaintiff, to recover usurious interest and prevent defendant from foreclosing on property securing his loans, the trial court's judgment -- that plaintiff's usurious interest payments made over the course of the relationship offset the principal debt, and that plaintiff could recover interest payments he made during the two years prior to the filing of this lawsuit -- is affirmed where: 1) plaintiff did not waive his usury claim; and 2) the statute of limitations does not bar plaintiff's claim with respect to any loan that was paid off more than two years before this lawsuit was filed.

[05/09] Starr Int'l Co., Inc. v. US
In a suit arising out of a loan from the Federal Reserve Bank of New York under which the federal Government acquired a majority stake in American International Group, Inc. (AIG)'s equity, which the Government eventually converted into common stock and sold, brought by an AIG shareholder alleging that the Government's acquisition of AIG equity and subsequent actions relating to a reverse stock split were unlawful, the Claims Court's judgment that the Government committed an illegal exaction and remand with instructions to dismiss the equity-acquisition claims that seek direct relief is: 1) vacated in part where plaintiffs lack standing to pursue the equity-acquisition claims directly, as those claims belong exclusively to AIG; and 2) affirmed in part as to the denial of direct relief for the reverse-stock-split claims.

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Administrative Law

[08/07] Diamond Sawblades Manufacturers Coalition v. US
Affirming the Court of International Trade's decision affirming a Department of Commerce ruling in the administrative review of an earlier anti-dumping order, the court held that no error occurred in the determination that a Chinese saw blade manufacturer was seeking to sell their products at less than fair market value in the United States.

[07/18] In Re Pesticide Action Network North America
Denying a motion for further mandamus relief filed by the Pesticide Action Network and Natural Resources Defense Council alleging that the U.S. Environmental Protection Agency's (EPA) denial of the Council's administrative petition to revoke all food tolerances and cancel all registration of a pesticide called chlorpyifos was inadequate because the EPA had complied with previous orders by issuing a final response to the petition and because substantive objections to the denial must be made through the proper administrative process.

[07/13] Connors v. US
Affirming that the Aviation and Transport Security Act grants the TSA administrator unreviewable discretion in the termination and employment of Transportation Security Administration (TSA) employees and that district courts lack subject matter jurisdiction to review termination provisions under the Administrative Procedure Act.

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Asset Forfeiture

[08/10] Curci Investments, LLC v. Baldwin
Reversing and remanding a case where a judgment creditor sought a reverse veil piercing in order to reach assets held by a judgment debtor because the case upon which the motion for the action was denied was distinguishable, thought the court of appeals left unanswered the question of whether there was sufficient justification to support the piercing.

[07/31] In Re Mainline Equipment, Inc.
Affirming a Bankruptcy Appellate Panel affirmation of the bankruptcy court's summary judgment for the debtor in a proceeding to seek the avoidance of tax liens on the debtor's personal property because the county failed to perfect the lien as against a bona fide purchaser.

[06/12] US v. Gorman
In a civil forfeiture action, the district court's order granting claimant's motion to suppress evidence seized pursuant to a traffic stop and order granting attorney's fees are affirmed where: 1) the first stop of claimant's vehicle was unreasonably prolonged in violation of the Fourth Amendment; and 2) none of the exceptions to the 'fruit of the poisonous tree' doctrine applied.

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