A California appeals court ruled Wednesday that a courtroom is the proper venue for South Bay Hospital Management Co. LLC’s allegations that a former Tri-City Medical Center executive and his management company owe $3.33 million for mistreating employees and receiving kickbacks, despite South Bay's arbitration agreement.
Tougher discrimination and whistleblower protections for employees, worker-friendly guidance on release agreements, and a minimum wage hike made 2013 a big year for employment law changes in New Jersey, and recent developments in areas including leave time suggest the trend is expected to continue in the new year, experts say.
The Third Circuit agreed on Thursday to rehear a case en banc over whether law enforcement officials must obtain a warrant based on probable cause before attaching a global positioning system tracker on the vehicle of a suspect.
A Texas appeals court on Wednesday held Ricochet Energy Inc. doesn’t have to indemnify its co-founder for a $5 million jury verdict stemming from his alleged theft of a seismic map from the company that he used to drain an oil and gas reservoir Ricochet planned to develop.
A Florida appeals court on Wednesday affirmed a $502,000 indemnity award for railroad giant CSX Transportation Inc. stemming from an accident settlement after finding a 1936 crossing agreement with the state to be enforceable, but the court immediately urged a review by the state's highest court.
The Eighth Circuit on Thursday rejected U.S. Customs and Border Protection's claim that it is entitled to assess steep penalties against Union Pacific Railroad Co. over illegal drugs smuggled across the border via train, saying the government's enforcement efforts have overstepped its constitutional authority.
California’s highest appeals court on Wednesday agreed to review a lower-court decision wiping out most of a $19 million punitive damages award against Stonebridge Life Insurance Co. for denying coverage to a paraplegic former Marine for an extended hospital stay.
The Dow Chemical Co. on Friday urged the Tenth Circuit to overturn a $1.06 billion urethane price-fixing judgment against it, arguing there wasn't enough evidence to show the plaintiffs were hurt by the alleged plot and that the class should never have been certified.
A Federal Circuit panel on Thursday affirmed a lower court’s noninfringement judgment in an Acacia Research Corp. unit’s suit against Dell Inc., Hewlett-Packard Co. and other electronics giants over a patent relating to computer power management.
A private debtor in a bankruptcy proceeding might not have to pay hundreds of thousands of dollars in taxes because the statute of limitations on the tax year had already run out by the time the Internal Revenue Service filed its notice of deficiency, the Sixth Circuit ruled Thursday.
The European Union's highest court ruled Thursday that in EU countries where gay marriage is not legal, employees who enter into civil partnerships with same-sex partners must be given the same workplace benefits that their heterosexual colleagues receive when they marry.
Assured Guaranty Corp. should be able to seek consequential damages from Credit Suisse AG for allegedly lying about the quality of the loans in $1.8 billion worth of mortgage-backed securities, the monoline insurer's attorney told a New York appellate court Thursday.
The Third Circuit on Thursday nixed a Ukrainian investor's $3 million racketeering suit accusing an Israeli attorney and businessman of reaping secret profits on coal- and steel-related deals for which he served as an adviser, saying the dispute should be litigated in Israel.
A Texas appeals court denied Epstein Becker & Green PC’s effort to dodge a malpractice suit brought by a Houston oncologist who says the firm should have realized a document sent to the fired general counsel of his cancer clinic would be used in employment litigation.
Aereo Inc. said Thursday that it wouldn't oppose a bid by the nation's broadcasters for U.S. Supreme Court review of the company's controversial online television service, saying it wanted final resolution to avoid the networks' "wasteful war of attrition."
An Eleventh Circuit panel was poised Thursday to reverse, at the least, part of an order dismissing the claims of a putative class of homeowners who allege aerospace manufacturer United Technologies Corp. contaminated their groundwater.
The Oregon Supreme Court on Thursday said the state Department of Revenue was wrong to slap technology manufacturing company Tektronix Inc. with a $3.7 million tax deficiency, finding the company's $925 million printer division sale should not have been factored into the state's apportionment formula.
Two counties in Wisconsin and Illinois urged the Seventh Circuit on Thursday to overturn rulings that Fannie Mae and Freddie Mac are exempt from state real estate transfer taxes, claiming the exemption undermines state sovereignty under the U.S. Constitution.
The U.S. solicitor general on Thursday urged the U.S. Supreme Court to grant Limelight Networks Inc.’s appeal of the Federal Circuit’s sharply divided decision that expanded liability for induced infringement in patent litigation, also saying Akamai Technologies Inc.’s conditional cross-petition should be denied.
A California appeals court on Wednesday affirmed a trial court’s decision dismissing class action claims that a LendingTree LLC subsidiary used its special relationship with LendingTree to hoard loan prospects, interfering with the contractual relationship between LendingTree and a member of its loan network.
In Jaffé v. Samsung Electronics, the Fourth Circuit joined the Fifth Circuit in concluding that Bankruptcy Code § 1522(a) requires balancing the interests of a foreign debtor and its creditors when considering whether to apply a foreign law. The facts of the case — particularly with respect to the unique semiconductor industry cross-licensing practice — appeared to play a significant role in the court's reasoning, say attorneys with Hunton & Williams LLP.
The Second Circuit's recent decision reversing the municipal bond bid-rigging convictions of three former General Electric Co. officials provides an important limitation on the government’s efforts to extend the statute of limitations in financial crimes when there is a continuous flow of economic benefits to a conspirator, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.
A recent decision from the D.C. Circuit is good news for banks facing an ongoing crush of garnishment litigation. The decision in Heiser v. Islamic Republic of Iran reduces the universe of blocked accounts that are subject to turnover under the Terrorism Risk Insurance Act and may persuade the Second Circuit to take the same approach in a pending appeal, say Mark Hanchet and Chris Houpt of Mayer Brown LLP.
The mistakes that the Kentucky Supreme Court made in deciding Cincinnati v. Motorists were recently replicated in a Sixth Circuit decision. Perhaps it is time for the high court to do what it believed it was doing when it decided Cincinnati — bring itself into line with the majority rule by overturning that decision and finding that faulty workmanship can be a covered “occurrence” under a commercial general liability policy, says Carl Salisbury of Kilpatrick Townsend & Stockton LLP.
Recent actions from the D.C. Circuit and the Nuclear Regulatory Commission have resumed the process of considering a disposal facility for spent nuclear fuel and other radioactive waste. If Yucca Mountain or another facility were finally licensed, the financial picture for nuclear power plant owners could be very different — which includes insurance coverage typically purchased by plant owners and operators, 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.
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.