Online mechanic’s lien payment service Zlien has settled a lawsuit over the firm’s alleged unauthorized practice of law and a related suit accusing the Ohio State Bar of restraining competition, according to a filing with the state Supreme Court.
Morgan Stanley did not err in terminating a financial adviser after his election as supervisor of a California county, the Ninth Circuit ruled Thursday, finding he was fired for a "legitimate, apolitical reason."
A church-affiliated hospital in New Jersey has urged the U.S. Supreme Court to rule that employee retirement plans maintained by such organizations are exempt from the federal Employee Retirement Income Security Act, challenging a circuit ruling that the exemption only applies to plans established by churches.
Trinity Industries on Thursday pushed the Fifth Circuit on Thursday to upend a $663 million False Claims Act judgment over allegedly defective guardrails, saying that newly discovered evidence of crash test results necessitates a new trial.
Maine’s highest court issued a 30-day suspension, a public reprimand and censure of a local probate judge Thursday over written statements he made to an attorney in a harassment matter against his ex-girlfriend, finding the comments were an attempt to leverage his judicial position.
A deceased and unrepresented lawyer ending up losing a small victory to abate interest on unpaid payroll taxes in the Seventh Circuit when it ruled that the U.S. Tax Court’s definition of “excessive” was vague and inconsistent with regulatory interpretation.
Gibson Dunn apparently missed a relationship with a Second Circuit judge when it agreed to represent private equity magnate Lynn Tilton, a slip experts said was likely an honest mistake but shows the difficulties of recognizing conflicts decades after a former partner has moved on but retains firm ties.
Advocate Health Care Network has asked the U.S. Supreme Court to declare that pension plans maintained by church-affiliated organizations should be exempt from the Employee Retirement Income Security Act, which would block a putative class of employees from challenging a noncompliant benefits plan.
The Ninth Circuit on Friday affirmed a lower court ruling that found Russell Road Food and Beverage LLC, owners of Las Vegas strip club Crazy Horse III, have the right to use the “Crazy Horse” trademark owned by a Cleveland company because it had a separate agreement with the mark’s former owner.
The Washington Redskins football team recently urged the U.S. Supreme Court to take up its appeal of a U.S. Patent and Trademark Office decision canceling its registration despite a pending Fourth Circuit challenge of the same decision, saying the issues in its case complement those in another up for high court review.
The American Bar Association gave a thumbs-up and the Intellectual Property Owners Association a thumbs-down on whether laches can and should continue as an allowed defense in patent cases as both weighed in on a U.S. Supreme Court case between two hygiene companies Friday.
The Ninth Circuit on Thursday ruled that the Board of Immigration Appeals was wrong to find that an indictment alone was a reason to think a man from Lebanon had taken part money laundering, teeing up the case for further review back at the board.
Lawyers for immigrant children challenging the federal government's position that the youngsters are not entitled to counsel at immigration tribunals asked the Ninth Circuit on Thursday to explore out of court settlements in the class action.
The Alaska Supreme Court on Friday ruled that a law requiring minors to get parental consent before receiving an abortion is unconstitutional as it treats pregnant minors who are carrying a child to term differently than those who aren’t.
The Fifth Circuit on Friday made quick work of an appeal by a Texas attorney — in about six weeks and 16 words — who sought to reverse a federal court ruling that he pay $1.77 million for defrauding investors in a fracking-water filtration venture and other securities law violations.
A New Jersey appeals court on Friday threw out and sent back for trial an $18 million win for two users of Hoffmann-La Roche Inc.'s Accutane who said they developed inflammatory bowel disorders after using the acne drug, finding the trial court improperly allowed suggestive evidence about a label revision.
The Federal Circuit on Friday gave new life to Unwired Planet LLC’s patent suit against Apple Inc. over wireless and voice recognition patents, finding that a district judge wrongly granted Apple summary judgment of non-infringement on three of the four patents at issue.
United States Steel Corp. and a U.S. steel pipe maker asked the Federal Circuit Thursday to reverse a Court of International Trade ruling backing a Commerce Department decision to drop Saudi Arabia from a steel tubing dumping investigation.
Merck & Co. won a freeze of the Federal Circuit’s finding that the company’s patent claim against an Allergan PLC unit related to birth control drugs Safyral and Beyaz is invalid while Merck pulls together a petition for the case to be heard by the U.S. Supreme Court, according to a high court order Thursday.
The Ninth Circuit ruled Thursday that a California federal court wrongfully denied certification to two classes of Renzenberger Inc. drivers accusing the transport company of rest break and minimum wage violations, saying the judge jumped the gun on deciding certain issues against the drivers.
In patent matters regarding validity and infringement, it has been the general consensus among patent attorneys that a formal written attorney opinion usually was unnecessary. In view of two recent U.S. Supreme Court decisions, this is no longer the situation, say Jeffrey Sheldon and Ivan Posey of Leech Tishman Fuscaldo & Lampl LLC.
The Second Circuit's recent ruling that the U.S. Department of Justice may not utilize a U.S. search warrant to access customer data stored overseas is a victory for not only personal privacy rights but also for the theory that people’s rights in the physical world should be extended to the digital world, says attorney Bradley Shear.
Recent New York state court decisions in GSO Coastline v. Global A&T Electronics present a cornucopia of issues arising under standard indenture clauses. First, beware of seemingly technical amendments to indentures that have substantive consequences, says Abbe Dienstag of Kramer Levin Naftalis & Frankel LLP.
While the claims in all Section 101 Federal Circuit decisions last year were found to be patent-ineligible, an analysis of the 2014 DDR Holdings ruling and three recent decisions reveals three ways to overcome or forestall a Section 101 challenge, say A.J. Tibbetts and Justin Colannino of Wolf Greenfield & Sacks PC and Gary Cohen of Xerox Corp.
Since a 2014 Texas Supreme Court decision ending the minority shareholder oppression doctrine in the state, little has occurred to affect its outcome. Long-term strategic planning has therefore become increasingly important for Texas closely held corporations, says Michael Moehlman of Strasburger & Price LLP.
The New York Court of Appeals' recent decision in Ambac Assurance v. Countrywide Home Loans — limiting the common interest privilege — conflicts with the law of many other jurisdictions and creates significant uncertainties for commercial actors in subsequent litigation, say attorneys at Hughes Hubbard & Reed LLP.
In light of all the attention given to the U.S. Supreme Court's Cuozzo decision, let's take a closer look at how the broadest reasonable interpretation standard and the ordinary meaning standard have been applied historically, and decide what impact operating under the two standards may have in practice, say Miyoung Shin and Peter Lee of Brinks Gilson & Lione.
Timothy Kevane’s recent Law360 guest article depicting the New York Court of Appeals' decision in Viking Pump as a “break” with an alleged nationwide “trend” toward pro rata allocation is totally at odds with the real trend of decisions finding noncumulation provisions incompatible with pro rata allocation, say John Winsbro and Elizabeth Sherwin at McKool Smith PC.
In its recent holding in Intendis v. Glenmark, the Federal Circuit provided much-needed clarity for pharmaceutical patentees and strengthened the protection drug innovators can expect from patents covering their product formulations. The decision significantly alters the generic formulations playing field, say Andrea Reid, Nicholas Prairie and Joseph Arico of Dechert LLP.
As recent opinions in the Eastern District of Washington and the Northern District of Alabama show, the U.S. Supreme Court's Escobar decision yields fertile ground for defenses based on the materiality requirement of the False Claims Act, including at the pleading stage, say John Ruskusky and Emily Harlan of Nixon Peabody LLP.