The Fourth Circuit on Wednesday threw out part of the conviction of a former Black Diamond Capital Solutions LLC hedge fund manager for his role in running a $35 million Ponzi scheme, sending his case back to the district court to recalculate his 50-year prison sentence.
A Delaware federal judge on Tuesday dismissed the appeal of an Indiana county seeking to reverse a decision that lowered tax assessments on a pair of Majestic Star Casino LLC properties by more than $100 million, finding that the bankruptcy court committed no errors in doing so.
A Louisiana appeals court ruled Wednesday that a trial court properly dismissed a landowner’s suit seeking damages from Superior Oil Co., Exxon Mobil Corp., Chevron USA Inc. and other companies for soil and groundwater contamination stemming from their mineral leases on multiple tracts of land.
The lender to a failed $100 million real estate project urged the Seventh Circuit on Wednesday to order First American Title Insurance Co. to indemnify it against construction liens asserted in the developer's bankruptcy, arguing that the policy exclusion the insurer relies upon doesn’t apply.
The Federal Circuit on Wednesday rebuffed St. Jude Medical Inc.'s bid to have the court reconsider its ruling that a St. Jude patent for a vascular closure device was not protected by the U.S. patent code's safe-harbor provision against allegations of double patenting, and therefore was invalid.
The Federal Circuit on Wednesday reversed a district court’s decision in a patent infringement suit between Galderma Laboratories LP and Tolmar Inc., finding that the lower court erred in deciding that claims in four patents owned by Galderma and affiliates are not invalid as obvious.
A New Jersey environmental regulator's tool for reviewing stormwater management strategies should have undergone administrative rulemaking but didn't, requiring the reversal of approvals tied to the expansion of a Care One Inc. assisted living facility, the state's Appellate Division ruled Wednesday.
An Illinois appeals court on Tuesday rejected St. Paul Mercury Insurance Co.'s efforts to blame a building security provider for an explosion at a Chicago high-rise that caused $14.5 million in losses, finding the security company did not violate its contract with the building owner.
The owner of New York City grocery chain Gristedes Foods Inc. on Friday asked the U.S. Supreme Court to overturn the Second Circuit's ruling that he could be held personally liable as an “employer” under the Fair Labor Standards Act.
An electric generator industry group on Tuesday urged the D.C. Circuit to overturn an Environmental Protection Agency rule imposing new source performance standards on particulates from certain steam generating boiler units, saying the agency had imposed the rule without adequate explanation or notice.
The U.S. Supreme Court on Monday passed on an appeal brought by heirs of Constellation Brand Inc. founder Marvin Sands who sought to nix hefty penalties tied to their participation in a series of transactions the government claims were designed to avoid paying taxes on over $125 million in capital gains income.
Six incumbent judges on Texas’s intermediate appeals courts face primary or general election challengers, including four contests for chief justice positions in the districts, according to candidate filings Monday.
The Seminole Tribe of Florida told the Eleventh Circuit on Tuesday that a lawsuit it brought over state fuel taxes should be reinstated in federal court, despite the state's argument that a lower court's decision to dismiss the case was well-supported.
A personal injury boutique told a Texas appeals court Monday that a former associate's claim to millions in attorneys' fees from a settlement with GlaxoSmithKline LLC over its development and marketing of Avandia must be arbitrated even though his compensation agreement lacks such a requirement.
A Florida appeals court on Tuesday reversed a $900 million final judgment against Trans Health Management Inc. and its former parent company, concluding that the trial court abused its discretion by denying the motion of a non-Florida attorney to represent the appellants.
By refusing to decide a case over whether federal labor law permits unions to get employers to agree to remain neutral during organizing campaigns, the U.S. Supreme Court on Tuesday left in place uncertainty over such deals that will inevitably land the question back on the high court's docket, attorneys say.
An American International Group Inc. unit recently pressed the Sixth Circuit to throw out a rare ruling that halted a reinsurance arbitration before a final award was made, claiming the lower court stepped out of bounds and ignored binding precedent.
U.S. Supreme Court justices peppered opponents of a federal air pollution transport rule with tough questions during Tuesday's oral arguments, giving the U.S. Environmental Protection Agency reason to hope the high court will overturn a D.C. Circuit decision striking down the regulation.
A company denied coverage by Hartford Casualty Insurance Co. in a patent and trademark dispute urged California’s high court on Tuesday to resolve a state appellate conflict by ruling that an insurance policy’s advertising injury clause can be triggered by implicit claims of disparagement.
The National Labor Relations Board dropped its appeal Monday of a May 2012 decision that said controversial labor board rule aimed at streamlining union elections was invalid because it was enacted without the participation of then-board member Brian Hayes.
If Yucca Mountain or another spent nuclear fuel disposal facility were finally licensed, the financial picture for nuclear power plant owners could be very different — which includes insurance. A detailed "proof of loss" is often required when a policyholder gives notice of an event giving rise to a claim for coverage at a nuclear facility, says Erin Webb of Dickstein Shaprio LLP.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
The holding in the matter of B.R. Brookfield Commons No. 1 LLC is significant in that it protects the holder of a claim secured by a lien on property of the estate when the value of its collateral is determined insufficient to repay that claim in full, or at all. By so holding, the Seventh Circuit confirmed a protection for secured lenders that does not exist outside of bankruptcy, say Katherine Catanese and Derek Wright of Foley & Lardner LLP.
The U.S. Supreme Court’s unanimous opinion favoring enforcement of contractual forum selection clauses in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas shows that plaintiffs will not be rewarded for filing suit in contravention of their contracts, says Christopher Boeck of Locke Lord LLP.
Since the U.S. Supreme Court's decision to review CLS Bank International v. Alice Corp. was announced on Dec. 6, the wires have been flooded with alarmist articles, but fears that software patents could be categorically excluded from patent eligibility by judicial decree are misplaced, says Linda Thayer of Finnegan Henderson Farabow Garrett & Dunner LLP.
The Ninth Circuit’s ruling in Rivera v. Peri & Sons Farms — that employers of H-2 workers must reimburse most travel, recruitment and immigration-related expenses — deepens a circuit split on the issue. But the fact that Rivera was authored by strongly conservative Judge Diarmuid O'Scannlain suggests that an opposite conclusion could simply be headed for obsolescence, says Melinda Pilling of Rukin Hyland Doria & Tindall LLP.
Certainly, no defendant wishes to advocate for greater damages. In addition to having to advance such an untenable position for the privilege of gaining access to federal court, there are at least two other issues that a defendant in the Second Circuit should consider before spending the time and money to seek removal of an action when the complaint is ambiguous on its face as to the amount of damages sought, say Andre Cizmarik and Kara Cormier of Edwards Wildman Palmer LLP.
The U.S. Supreme Court will have no shortage of issues to address concerning the rights of religious for-profit corporations in Hobby Lobby Stores Inc. v. Sebelius and Conestoga Wood Specialties Inc. v. Sebelius. Their answers will likely fracture the court — as they have the federal appellate courts — and could potentially lead to surprising results, say Darren Nadel and William Trachman at Littler Mendelson PC.
The Second Circuit’s opinion in Halebian v. Berv — a significant departure from its own oft-cited Joy v. North decision — highlights that a derivative plaintiff’s entitlement to discovery, if any, is inversely proportional to the showing made by a special litigation committee in support of its motion to terminate, says Donald Corbett of Lowenstein Sandler LLP.
While the technology at issue in Commil USA LLC v. Cisco Systems Inc. was not life sciences, the implications of the Federal Circuit's decision, and the trend in the law it reflects, likely will be significant for companies that often rely on method-of-treatment, mechanism-of-action and method-of-manufacturing patents as key value drivers. Such patents may be materially weakened, say Eric Marandett and Diana Huang of Choate Hall & Stewart LLP.