A California appellate court upheld a lower court's dismissal of Centex Homes' claims that a Travelers Cos. unit is manipulating its defense in an underlying construction defect suit, thereby entitling it to independent counsel, holding on Friday that the builder didn't sufficiently back up its allegations.
The Second Circuit on Friday paved the way for a Midland Funding LLC debtor to seek class certification in her suit accusing the creditor of charging illegally high interest rates, finding that a lower court wrongly determined that the claims were preempted by the National Bank Act.
Michigan's attorney general has told the U.S. Supreme Court that it should grant an appeal of a Second Circuit decision freeing two insurers from certain workers' compensation liabilities of previously bankrupt Delphi Corp., saying this exercise of judicial power supplanted the state’s administrative regime.
CRST Van Expedited Inc. has urged the U.S. Supreme Court to reinstate a $4.7 million fees award against the U.S. Equal Employment Opportunity Commission in its sexual harassment case, arguing the Eighth Circuit countered other circuits in overturning the award.
A Manhattan federal judge's use of a rare writ to erase former Merrill Lynch assistant Irene Santiago's guilty plea for lying in the Squawk Box securities fraud case may have been a valid exercise in sympathy, but its value as a possible precedent for use by less sympathetic convicts forced the government to have it knocked out on appeal.
A Florida appeals court on Friday affirmed a temporary injunction barring Planned Parenthood of Greater Orlando Inc. from performing abortions at one of its offices on the grounds that doing so would violate a restrictive covenant on the property.
The Fifth Circuit on Friday trimmed a couple's suit against Fidelity National Property & Casualty Insurance Co. over coverage for property damage from Hurricane Ike, holding that state-law claims relating to the insurer's claims handling are preempted by federal law, but that those pertaining to the sale of the policy are not.
The Second Circuit Court of Appeals has affirmed the convictions and sentences of top-ranking McGinn Smith & Company Inc. executives, but blasted a New York federal judge for improperly allowing a letter written well before the alleged fraud occurred to be used in cross-examination.
Aurora Energy Services LLC and Alaska Railroad Corp. told the U.S. Supreme Court that environmentalists are wrong to assert that a Ninth Circuit decision allowing citizen suits over discharges of pollutants not specified in a Clean Water Act permit won’t have broader impacts.
Hagens Berman Sobol Shapiro LLP is fighting tooth and nail to stop a special master from questioning 31 of its clients on their decision to drop birth defect suits in Pennsylvania federal court against GlaxoSmithKline, saying the move would violate attorney-client privilege. But there is precedent for inquiries into plaintiffs firms’ conduct, especially in the context of tort litigation gone awry.
The Sixth Circuit affirmed Friday that Tennessee’s one-year statute of repose barred a woman’s claims against General Electric Co. alleging she contracted a rare kidney condition after taking Omniscan, a drug the company developed to distinguish body parts in MRI scans.
In an amended decision issued Thursday, the Second Circuit ruled that an unaccepted offer to settle claims for their full value doesn’t entitle a defendant to dismissal, clarifying its stance on a circuit-splitting issue that will soon be heard in the U.S. Supreme Court.
The IRS asked the U.S. Supreme Court on Thursday to reject a petition filed by three debtors who claim tax debts can still be discharged in bankruptcy when the applicable tax return has been filed late, saying there's a limit to allowable lateness.
A Mexican national deported after a drug violation has urged the U.S. Supreme Court to rule that the Fifth Circuit has jurisdiction to hear appeals of decisions by the Board of Immigration Appeals that are made under the board's own discretionary authority, part of his years-long effort challenging his removal.
A Connecticut cruise company has told the U.S. Supreme Court that the Fifth Circuit wrongfully tossed its suit alleging Lloyd’s Register North America Inc. colluded with a shipbuilder to falsely represent a vessel’s compliance with maritime safety laws during a related arbitration proceeding.
The Federal Circuit on Friday upheld a victory for Microsoft Corp. in a suit by Allvoice Developments US LLC over a speech recognition patent, finding that Microsoft did not infringe most claims and that others are not patent-eligible because they cover only software instructions, not a tangible object.
A Florida appeals court on Friday agreed with Geico that a reversal in one denial-of-coverage suit over car accident injuries required the reversal of a “wait and see” case involving the same accident and the same policy, but it didn’t rule on the insurer’s request to relitigate without collateral estoppel.
Duty Free Americas Inc. asked the Eleventh Circuit on Friday to reinstate its antitrust suit against Estee Lauder Cos., arguing it had properly pled that the cosmetics giant acted anti-competitively by refusing to do business and interfered with its airport contracts.
An attorney has asked the U.S. Supreme Court to review a judgment preventing him from recovering $200 million in commission he says he is owed for working out a $2 billion shopping mall project in New Jersey's Meadowlands, saying he was mistakenly labeled as a broker instead of a principal in the deal.
A divided Third Circuit panel handed down a precedential ruling on Friday finding that a worker’s November 2011 hospitalization did not count as an overnight stay under the federal Family and Medical Leave Act because he had been admitted shortly after midnight and discharged later the same day.
The Supreme Court of Texas' ruling in Ross v. St. Luke’s Episcopal Hospital leaves unanswered questions surrounding the nonexclusive, seven-factor test analyzing the relationship between health care liability claims and the provision of care, and does not create a “bright red line” clearly defining state tort law, says David Walsh IV of Chamblee Ryan Kershaw & Anderson PC.
While the particular Bankruptcy Code sections most implicated by the U.S. Supreme Court decision in Harris v. Viegelahn are not ones corporate restructuring attorneys generally grapple with, any insight into the Supreme Court’s statutory interpretation framework is always useful. In addition, there are broader lessons to be learned from this one, says Abigail Lerner of Weil Gotshal & Manges LLP.
The peace of mind enjoyed by E-Rate service providers following the Fifth Circuit’s decision that the False Claims Act does not apply to the E-Rate program may be fleeting. A case pending in the Eastern District of Wisconsin — U.S. v. Wisconsin Bell Inc. — is poised to challenge the Fifth Circuit’s ruling, and the possibility of a circuit split is looming, say attorneys with Alston & Bird LLP.
The Federal Circuit's recent decision in EON Corp. IP Holdings LLC v. AT&T Mobility LLC clarifies that when claiming a software-implemented invention in means-plus-function form, an applicant should not rely on the Katz exception and should almost always disclose at least one algorithm for each means-plus-function limitation, says Dev Batta of Locke Lord LLP.
Although the New Jersey Supreme Court made no new law on substantive coverage issues in Occhifinto v. Olivo Construction Co., a colorable argument can be made that Occhifinto is the most important New Jersey insurance case in more than a decade. The court’s procedural holdings are likely to impact if, how, when, by whom and where, coverage cases are litigated, says William Stewart of Stewart Bernsteil Rebar Smith.
Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)
It has become all too common in transaction-related stockholder litigation for the pleading net to be cast widely, embroiling disinterested and independent directors into long and costly litigation. The Delaware Supreme Court's decision in the case of Cornerstone Therapeutics Inc. should lead to closer scrutiny of allegations against individual directors, say attorneys with Paul Hastings LLP.
The New Jersey state appeals court in The Pitney Bowes Bank Inc. v. ABC Caging Fulfillment seemingly set a bright-line test balancing the rights of judgment creditors and employees when it comes to monies in a levied “payroll” bank account. Where Pitney Bowes falls short, however, is in describing what proofs a business debtor must utilize to establish what amounts are owed to employees, says Nicholas Gaunce of Eckert Seamans Cheri... (continued)
Capistrano Taxpayers Association Inc. v. City of San Juan Capistrano teaches us that, under California's Proposition 218, the burden of proof is on an agency to demonstrate that revenues derived from a water service fee or charge not exceed the funds required to provide the service and that the fee or charge imposed on a parcel not exceed the proportional cost of the service attributable to the parcel, says Sue Meyer of Nossaman LLP.
In a case of first impression, the Texas Supreme Court's refusal to extend sovereign immunity to a private engineering company in Brown & Gay Engineering Inc. v. Olivares is a reminder that the principle's rationale is to guard against unforeseen government expenditures incurred in defending lawsuits and paying judgments that divert public funds from their allocated purposes, says John Hawkins of Porter Hedges LLP.