The Texas Supreme Court on Friday agreed to hear a $1.3 million suit over whether a San Antonio woman was illegally let go for counseling a former boss at San Antonio Water System against having lunch with female employees.
The California Supreme Court has agreed to decide whether state courts have jurisdiction over out-of-state plaintiffs’ claims that Bristol-Myers Squibb Co. falsely advertised its blood thinner Plavix after the U.S. Supreme Court’s landmark Daimler v. Bauman decision.
Mid-Continent Casualty Co. has asked the Fifth Circuit to review its reversal of an earlier decision that the insurer had correctly applied a contractual liability exclusion, arguing the panel mistakenly held that replacing two homeowners’ defective foundation represented property damage.
A California lawyer told the U.S. Supreme Court that her state’s high court has been ignoring its duty to review attorney appeals of state bar disciplinary proceedings for the past 14 years in violation of the U.S. Constitution, according to her petition for writ of certiorari.
Bondholders seeking to revive antitrust claims in multidistrict litigation against several major banks for allegedly rigging the London Interbank Offered Rate told the U.S. Supreme Court that a district court’s dismissal of their claims allows them the right to an immediate appeal without waiting for broader MDL litigation to conclude.
Investors in a putative class action against Chinese drugmaker Jiangbo Pharmaceuticals Inc. argued Friday in Miami that the Eleventh Circuit should reverse a lower court's dismissal of their case against the company's former chief financial officer and former auditing firm for failure to adequately plead their claims.
The Texas Supreme Court held Friday that an appeals court erred in determining it could not review questions about whether Wolf Hollow I LP was owed damages in a contract dispute with El Paso Marketing LP, finding the appeals court misinterpreted an earlier high court ruling.
The Direct Marketing Association is highly skeptical that Colorado’s so-called "Amazon tax" will substantially impact the state's budget and wants the U.S. Supreme Court to revive its challenge against the law, saying federal courts can hear the matter, contrary to a Tenth Circuit ruling.
The city of Pomona, California, has asked the U.S. Supreme Court to reject SQM North America Corp.’s petition to review the Ninth Circuit’s reinstatement of expert testimony in the city’s suit blaming the chemical manufacturer for perchlorate contamination in the public water system.
A Florida attorney fighting the state's ban on judicial candidates personally soliciting for campaign funds on Monday told the U.S. Supreme Court that the prohibition is a content-based limitation on campaign speech that violates the First Amendment.
The Texas Supreme Court said Friday it will hear arguments in The Boeing Co.'s attempt to keep its lease for part of an abandoned Air Force base under wraps after Texas' attorney general said the terms should be disclosed under the Texas Public Information Act.
A former Busybox.net attorney on Wednesday asked the U.S. Supreme Court to review a Fourth Circuit decision in his fraud case that he says would unsettle securities markets and expand the definition of primary liability in both criminal cases and securities enforcement actions.
The Texas Supreme Court on Friday held that a Texas Commission on Environmental Quality worker’s report to a state senator and her supervisor alleging the agency improperly paid illegal immigrants under a vehicle emissions reduction program doesn’t qualify for protection under the Texas Whistleblower Act.
AmFin Financial Corp. has asked the U.S. Supreme Court to review a Sixth Circuit reversal that rescinded a $170 million tax refund sought by the Federal Deposit Insurance Corp., saying the ruling created a circuit split over what property is excludable from a bankruptcy estate.
Attorneys from both sides of the bar found much to cheer in a landmark Pennsylvania Supreme Court ruling overhauling product liability law in the state, with defense attorneys hailing an end to slanted jury instructions and plaintiffs lawyers celebrating a continued focus on the defects of a product rather than the conduct of the manufacturer.
The False Claims Act's whistleblower protections don't extend to job applicants because they don't qualify as employees, the Sixth Circuit held, upholding the dismissal of a landfill manager's retaliation suit against EnergySolutions Inc. under the FCA and several environmental statutes.
Food and water advocacy groups filed suit against Ohio Gov. John Kasich and the state’s Department of Natural Resources in a state appeals court this week for allegedly approving at least 23 fracking waste handling, storage, processing and recycling facilities without going through the proper rulemaking procedures.
Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.
A federal judge wrongly dismissed a putative class action against Yahoo Inc. after concluding that unsolicited text messages sent to a Philadelphia man could not be counted as a computerized, unsolicited phone call under the Telephone Consumer Protection Act, a Third Circuit panel heard during oral arguments Friday.
The New York City Police Department cannot dodge a suit seeking records pertaining to alleged surveillance of Muslim students in New Jersey, as a New York state judge says he is unconvinced he should adopt a common law exception to a federal public records law in his interpretation of state law.
Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.
Not only does the Ninth Circuit decision in Burton v. Infinity Capital Management create a circuit split, but it also exposes lawyers who act at the direction of judges to potential liability — and thereby has the potential of undermining what is ordinarily an orderly process to assist in the administration of the judicial system, says Matthew O’Hara, co-leader of Hinshaw & Culbertson LLP's lawyers professional liability practice group.
The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of docementation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.
Wisconsin Pharmacal Co. LLC v. Nebraska Cultures of California Inc. is important for all manufacturers since the decision correctly found that defective components that ruin an end product are covered under a standard general liability policy, but with an important caveat — the fully integrated product must be ruined by the defective component, say attorneys at Quarles & Brady LLP.
When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.
The Seventh Circuit's Ballard v. Chicago Park District and Gienapp v. Harbor Crest decisions highlight the broad nature of family care leave under the Family Medical Leave Act and serve as an important reminder to employers that FMLA cases often turn on thin distinctions in the law and are significantly influenced by the specific facts in a given case, say Linda Dwoskin and Melissa Squire of Dechert LLP.
In Liu v. Siemens, the Second Circuit upheld a ruling from the Southern District of New York, concluding that Congress did not envision the Dodd-Frank Act protecting foreign whistleblowers. Neither Liu court, however, attempted to reconcile this conclusion with the fact that Dodd-Frank governs violations of the Foreign Corrupt Practices Act — a definitively extraterritorial law, say Matthew Edling and Ben Fuchs of Cotchett Pitre & McCarthy LLP.
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.
In addition to establishing limits on the equitable mootness doctrine in bankruptcy, the Ninth Circuit’s Mortgages Ltd. decision last week confirms that the tightened federal pleading standards ushered in by Twombly and Iqbal do not give courts license to summarily disregard a party’s factual allegations at the pleading stage simply because they choose not to believe those allegations, say Steven Wilamowsky and Alix Brozman of Bing... (continued)
While the Family Medical Leave Act allows an employer to require various medical certifications to support an employee’s request for leave — or return from that leave — understanding what documents may be required and what an employer may do with those it finds insufficient or incorrect is critical to avoiding FMLA liability, say Linda Dwoskin and Melissa Squire of Dechert LLP.