New opinions — election-law reversal and Lanham Act affirmance (Update: and an FLSA affirmance)

Three opinions today. I already discussed one of them separately here.

CA3 continued its recent flurry of Virgin Islands cases today with an election-law reversal. Candidates for Governor and Lt. Governor of the Virgin Islands were barred from the ballot and they sued. The district court dismissed their appeal, but CA3 applied VI law to vacate.

The case is Coffelt v. Fawkes. Opinion by Vanaskie, joined by Fisher and Shwartz. Arguing counsel were Andrew Simpson for the candidates and Kimberly Salisbury for the government.

Today’s final opinion arose from a dispute between two pharmaceutical companies that sell competing fertillity drugs. One of them made statements about the other’s drug and the other sued. The district court found that the plaintiff was not entitled to a Lanham Act preliminary injunction because it failed to show irreparable harm; CA3 today affirmed.

The case is Ferring Pharmaceuticals v. Watson Pharmaceuticals. Opinion by Chagares, joined by Shwartz and Aldisert. Arguing counsel were Arne Olson for the plaintiff and David Phillips for the defendant.

Update:  turns out there was a fourth opinion issued yesterday, too. Unless I’m losing my mind, it was added to the CA3 website after the others, which is the first time I’ve noticed that done. Hmm. Anyway, it’s another Chagares opinion — three in one day, it must be August. This one affirms the dismissal of class-action and individual FLSA claims against various healthcare providers.

The case is Lynn v. Jefferson Health System. Opinion by Chagares, joined by Shwartz and Aldisert. The case was submitted without argument.


2 thoughts on “New opinions — election-law reversal and Lanham Act affirmance (Update: and an FLSA affirmance)

  1. John

    CA3 uploads opinions three times per day. First at 12:20 p.m. Then again at 3:40ish in the afternoon and finally at 6:50ish in the evening (the exact times of the latter two uploads are escaping my memory). Most judges send all their opinions in by the 12:20 upload deadline so that is when you see a vast majority of the opinions. However, every once in a while (especially with legal division opinions) you’ll see that they get uploaded at one of the two later time periods.

    (If this doesn’t show I’m a loser, nothing will.)

  2. Matthew Stiegler Post author


    Great information, thank you. I’d figured out the main upload time, but not the later times. I missed a big case a few weeks back and now I think this may have been why.

    As to whether this shows you’re a loser, well, the guy who blogs CA3 for the nerdy fun of it is ill-positioned to judge.

    — Matthew

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