A Ninth Circuit judge on Thursday requested a vote to rehear en banc the appellate court’s recent decision refusing to stay its order directing Google Inc. to remove the controversial “Innocence of Muslims” video from its servers over copyright infringement allegations.
The Ninth Circuit on Thursday affirmed a lower court judge's ruling that a minority owner of Silver Slipper Casino Venture LLC is contractually bound to sell its stake in the company following a dispute over the sale of a Mississippi casino, ruling that the judge did not err in refusing to grant the minority owner leave to conduct discovery.
A Fourth Circuit panel found Thursday that a company can have a racial identity and sue for racial discrimination, siding with a minority-owned Virginia contractor claiming a municipal housing authority discriminated against it while working on a public housing project.
The Federal Circuit on Thursday rejected a former U.S. Navy engineer's bid to revive his suit alleging he was the target of retaliation after exposing contract fraud, saying he had failed to exhaust other avenues of recourse.
A commercial real estate investor told the Texas Supreme Court on Wednesday that a $52.6 million verdict he scored after his former partner allegedly stole his interest in a joint venture was improperly thrown out when an appeals court rejected testimony about the value of the business.
The U.S. Supreme Court should make clear that any of its findings in Pom Wonderful LLC’s juice labeling dispute with The Coca-Cola Co. will affect only food-labeling regulations under the Food, Drug and Cosmetic Act and not pharmaceutical labeling, the Generic Pharmaceutical Association said Monday.
The Fourth Circuit on Thursday sided with Verizon Maryland Inc. in a long-running interconnection dispute with Core Communications Inc., affirming a lower court’s ruling in favor of Verizon with respect to two tort claims pursued by Core under Maryland law.
In a highly anticipated decision, the Florida Supreme Court ruled Wednesday that immigrants living in the U.S. illegally are ineligible to be admitted to the Florida Bar, saying that doing so would go against federal law and current state law does not provide a path around those restrictions.
AbbVie Deutschland GmbH & Co. urged a Federal Circuit panel on Thursday to resurrect two of its antibody patents, alleging that “presumptively prejudicial” jury instructions doomed its infringement suit against a Johnson & Johnson subsidiary.
A New Jersey appeals court this week rejected a bid by the Natural Resources Defense Council and the New Jersey Conservation Foundation to join an appeal over LG Electronics USA Inc.'s planned $300 million North American headquarters in Englewood Cliffs, N.J., the company said Thursday.
The Eleventh Circuit on Wednesday said that a 2002 Florida state appellate decision compelled it to reinstate most of a lawsuit brought by Winn-Dixie Stores Inc. that claimed rival retailers operating dollar stores violated grocery exclusivity clauses in their leases for nearly 100 locations.
The Pennsylvania Superior Court ruled Thursday that Jane Orie, a former state senator who was convicted on corruption charges in March 2012, was not placed in double jeopardy when she was retried after it was discovered that forged documents had been admitted as evidence in her initial trial.
KBR Inc. and Halliburton Co. may not automatically be immune from multidistrict litigation accusing them of exposing U.S. military personnel to toxic fumes in Iraq and Afghanistan, the Fourth Circuit ruled on Thursday, finding there wasn’t enough evidence to conclude the defense contractors had acted within the bounds of their contract.
The Fifth Circuit refused Wednesday to revive Racketeer Influenced and Corrupt Organizations Act suits in which Louisiana and Texas counties accused banks of defrauding them through Mortgage Electronic Registration System Inc., ruling that the complaints didn't allege an injury to business or property.
The Ninth Circuit ruled last week that federal trademark law doesn't provide an independent cause of action for cancellation, affirming the dismissal of a suit seeking to kill trademarks Victoria's Secret holds for “Dream Angels.”
The Second Circuit on Thursday rejected a former Citibank NA employee’s attempt to revive his suit seeking to recover compensation he claimed he was contractually owed for designing a private equity investment program targeting Brazilian companies that proved lucrative for Citibank and affiliated investors.
An assisted living facility on Wednesday asked the Texas Supreme Court to toss a ruling in a defamation suit that held that a business-transaction exemption to a state law protecting free speech did not apply to newspaper articles describing poor conditions and Medicaid fraud at the facility.
The United States on Thursday moved to intervene in an appeal against Fannie Mae and Freddie Mac by Ohio's Montgomery County Board of Commissioners, which is trying to declare that the loan companies' exemption from having to pay taxes is unconstitutional.
Keurig Inc. asked a Federal Circuit panel on Thursday to order a new trial in its pierceable coffee cup patent infringement spat with Rogers Family Co., claiming a lower court judge made inappropriate factual findings that should have been made by a jury.
The Pennsylvania Commonwealth Court on Thursday said that an applicant had the right to launch a methadone clinic in northeast Philadelphia, concluding that the city’s zoning code treats the facilities akin to medical offices.
As more and more Superstorm Sandy-related cases are filed, parties will be looking to a five-year-old New York Appeals Court case, Bi-Economy Market Inc. v. Harleysville Insurance Co. of New York — which permits insureds to recover consequential damages arising from an insurer’s bad faith breach of the policy if those damages were reasonably foreseeable and even if those damages exceed policy limits — for guidance, says Michael Richter of Joseph Hage Aaronson LLC.
The First Circuit's recent decision in In re Munce’s Superior Petroleum Products Inc. is consistent with other circuits in concluding that noncompensatory environmental fines should receive administrative priority under the Bankruptcy Code. The decision, however, is at odds with other courts that have addressed the treatment of prepetition violations that result in post-petition penalties, say attorneys at Lowenstein Sandler LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
The U.S. Supreme Court has agreed to review the Sixth Circuit’s decision in Indiana State District Council of Laborers v. Omnicare Inc., which parts ways with the Second, Third and Ninth circuits and holds that “subjective falsity” is not required for opinion-based Section 11 claims. Although the circuit split is hogging all the attention, everyone seems to be overlooking the fact that the Sixth Circuit in Omnicare ignored its own precedent, says Drew Dropkin of King & Spalding LLP.
Commentators agree that the U.S. Supreme Court’s “sweeping” and “landmark” decision in Daimler AG v. Bauman will severely limit a plaintiff’s forum selection options. Yet, that may not be Bauman’s most enduring legacy. Rather, the decision’s greatest impact, especially on Texas, could very well be the shrinking of the scope of jurisdictional discovery — based on one footnote buried deep in the majority opinion, says Jamin Soderstrom of Reynolds Frizzell Black Doyle Allen & Oldham LLP.
On Wednesday, the U.S. Supreme Court heard oral arguments in Halliburton v. Erica P. John Fund and will soon decide on "injury presumed" reasoning applied in the context of securities class actions. If the court eliminates the only federal construct for presuming injury and reliance in class actions, it will be difficult to argue that similar presumptions accurately reflect transactions in the markets for everyday consumer goods, say Andrew Tuck and Kristen Bromberek of Alston & Bird LLP.
In Lawson v. FMR LLC — the first whistleblower case heard under the Sarbanes-Oxley Act — the U.S. Supreme Court recently held the law protects virtually anyone hired by a publicly traded company, or its employees, either directly or indirectly, and forbids reprisal for a huge range of fraud reports. The decision throws into doubt the Fifth Circuit's ruling last year in Asadi v. GE Energy LLC and will likely reshuffle future whistleblower opinions, says R. Scott Oswald of The Employment Group PC.
On the heels of its recent decision in Daimler AG v. Bauman narrowing general personal jurisdiction, the U.S. Supreme Court's decision last week in Walden v. Fiore clarifies the constitutional limits of specific jurisdiction. Walden encourages courts to err on the side of dismissal when faced with a defendant’s inadvertent or tenuous connection to the forum state — something the courts might otherwise be reluctant to do, say attorneys with Paul Hastings LLP.
The main takeaway from the Second Circuit's recent decision in U.S. v. DHL Express (USA) Inc. is that potential False Claims Act liability attaches long after a transaction closes, regardless of the contract protections bargained for. Contractual or statutory notice requirements cannot be relied on to shift risk onto counterparties, say attorneys with Weil Gotshal & Manges LLP.
The U.S. Supreme Court’s denial of certiorari in the Ninth Circuit case Tamer Salameh v. Tarsadia Hotel effectively offers hotel-condominium developers a safe pathway to publicly offering hotel-condo units out of the purview of federal and state securities laws. And with the current upswing in the real estate market, such developments are slowly beginning to pop up again in states like Florida and New York, say attorneys with Paul Hastings LLP.