Ninth Circuit Victory After Prevailing at U.S. Supreme Court

The question presented was whether Rule 23(f) of the Federal Rules of Civil Procedure and other mandatory claim-processing rules are susceptible to equitable tolling. The Supreme Court adopted Hueston Hennigan’s argument that these rules are unalterable if properly raised, reversed the Ninth Circuit’s contrary ruling, and remanded the case to the Ninth Circuit for further proceedings. See Lambert v. Nutraceutical.

The Ninth Circuit issued its order on remand and denied Petition Troy Lambert’s appeal in full. The Ninth Circuit rejected all of Lambert’s arguments as to why his appeal was timely and reaffirmed the ruling Hueston Hennigan obtained at the Supreme Court “that Rule 23(f)’s time limit is purposefully unforgiving.”

This ruling also preserves Hueston Hennigan’s victory at the lower court, where it obtained decertification of the putative plaintiff class.

Nutraceutical is represented by John Hueston and associate Joseph Reiter.

Navajo Nation Reaches Substantial Settlement with Wells Fargo

The settlement resolves the Nation’s lawsuit detailing the Bank’s long campaign of predatory and unlawful practices and reflects a larger recovery than that obtained by similarly populous states.

The Hueston Hennigan team was led by John C. Hueston and Moez M. Kaba, and includes associate Lauren McGrory-Johnson.

Media Coverage

Navajo Nation Press Release

“Wells Fargo Pays Navajo Nation $6.5 Million In ‘Predatory’ Lawsuit Settlement,” Forbes, August 22, 2019.

“Navajo Nation Ends Appeal Of Wells Fargo Fake Accounts Suit,” Law360, August 20, 2019.

“Wells Fargo pays $6.5 million to Navajo Nation over ‘predatory’ practices,” Reuters, August 22, 2019.

Hueston and Kaba Named Top Litigators

The LABJ noted that under Mr. Hueston’s “leadership, and in just over four years, Hueston Hennigan has gained national accolades and a stellar reputation for a creative and often disruptive approach to litigation. With ever-increasing frequency, the firm is asked by new clients to replace “big law firms” in important and complex litigation.”

The article also noted that clients have called Mr. Kaba “one of the best young trial lawyers I’ve ever seen,” and have said “He is innovative, smart and able to see problems from various perspectives. His oral advocacy skills are second to none.”

The Los Angeles Business Journal recognized the very best litigators and trial lawyers in the business. These are the lawyers you want in your corner in court.

Read Top Litigators Profile.

Hueston Hennigan Named Best Lawyers in America for Bet-the-Company Litigation and White Collar Defense

The following Hueston Hennigan partners are recognized:

Douglas J. Dixon is recognized in the area of Commercial Litigation

John C. Hueston is recognized in the areas of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White-Collar.

Brian J. Hennigan is recognized in the areas of Commercial Litigation, Criminal Defense: White-Collar, and Litigation – Securities.

Moez M. Kaba is recognized in the area of Commercial Litigation.

Robert N. Klieger is recognized in the area of Litigation – Intellectual Property.

To compile the list of distinguished lawyers, Best Lawyers conducts an extensive peer-review process during which tens of thousands of leading lawyers confidentially evaluate their professional peers. The latest edition includes 58,000 lawyers in 140 practice areas, covering all 50 states and the District of Columbia, and inclusion in this year’s publication is based on 7.4 million detailed evaluations of lawyers by other lawyers.

Peloton Defeats Flywheel’s Attempt to Stay Litigation

In its Order, Judge Roy Payne found that Flywheel had “not sufficiently shown that a stay would simplify the issues within the case,” and “that a stay would result in significant prejudice for Peloton.” Order at 1. The Court agreed with Peloton that a stay would be particularly inappropriate here given that Flywheel’s At Home Bike, which allegedly incorporates the infringing technology, is a “direct competitor” to Peloton.

Importantly, the Court also rejected Flywheel’s argument that a stay would help simplify the issues, agreeing with Peloton that given the Supreme Court’s recent decision in SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348 (2018) – which precluded the PTAB from instituting IPRs for only a portion of the patent claims – “any institution decision occurring after SAS provides a weaker inference that the PTAB will determine that all challenged claims are unpatentable. Thus, institution decisions for the ’085, ’276, and ’855 [Peloton] Patents are less helpful in indicating that IPRs will result in a simplification of issues than they would have been before SAS.” The Court’s agreement with Peloton’s argument here is significant and highly relevant to not just the instant litigation, but other patent litigations pending throughout the U.S.

Counsel for Peloton, said, “We are pleased that the Court rejected Flywheel’s attempt to stay this important litigation, and look forward to proceeding expeditiously to trial.”

Jury selection is set to begin on June 15, 2020.

The patents-in-suit are U.S. Patent Numbers 9,174,085, 9,233,276, 9,861,855 and 10,322,315.

The case is Peloton Interactive Inc. v. Flywheel Sports Inc., case number 2:18-cv-00390, in the U.S. District Court for the Eastern District of Texas, Marshall Division.

Peloton is represented by Douglas J. Dixon, Christina Rayburn, Karen Younkins and Neil Anderson of Hueston Hennigan LLP.

Libeu Named to Daily Journal’s Top 40 Under 40 List

The Daily Journal cited Ms. Libeu’s work litigating high-stakes business disputes including business torts, contracts, class actions, securities fraud and trade disputes. She advises in the “corporate divorce” arena, which typically involves clashes between founders and owners of businesses. The article also cited her upcoming trial representing CEO and co-founder of Gavrieli Brands in an ownership dispute with his sister, and Tesla in its nationally covered lawsuit against a disgruntled employee who stole confidential and proprietary data from a manufacturing plant in Nevada.

Click Daily Journal Top 40 Under 40 to read the full article.

Kaba Honored with the Inaugural Reach the Summitt Award

Co-hosted with the LA Sparks, the evening honored five leaders in the community at a reception for area high school and college athletic directors, women’s basketball coaches, and friends of Pat.

Praised as “a trial force” and “a forceful counselor and litigator,” Mr. Kaba was recognized for his stellar work in the business and legal community. From working to advance laws on equality and challenging those laws that discriminate based on race and gender to successfully defending initiatives that seek to prevent bullying of Muslim students, Mr. Kaba remains committed to causes promoting LGBTQ and Immigrant equality.

Preliminary Injunction Obtained in High-Stakes Patent Litigation

ClearOne is a global provider of audio and visual communication products and services that creates innovative solutions in the installed audio conferencing market. One such solution—ClearOne’s revolutionary U.S. Patent No. 9,813,806—allows ClearOne to offer consumers exclusive access to a beamforming microphone array integrated into a ceiling tile as a single unit. ClearOne sought an injunction to prevent Shure from selling a competing microphone array in an infringing manner.

The Honorable Edmond E. Chang in the Northern District of Illinois granted ClearOne’s preliminary injunction motion, enjoining Shure from further infringement of ClearOne’s ‘806 patent. The order also precludes Shure from encouraging others to use its product in an infringing manner and applies to anyone who is in active concert or participation with Shure or its officers, agents, servants, employees, and attorneys.

“This is a very significant win for our client ClearOne,” explained partner Douglas J. Dixon. “ClearOne is a small company that believes in fair and vigorous – but legal — competition. The judge’s thorough and detailed order validates ClearOne’s innovative solutions and ensures that it can compete on a level playing field with companies large and small.”

The Hueston Hennigan team is led by partner Douglas J. Dixon and of counsel Christina V. Rayburn, and a team of associates including Sourabh Mishra, Neil G. Anderson, Karen Younkins, and Michael K. Acquah.

To read the Law360 article, click here.