New York's highest court on Tuesday detached workers' compensation proceedings from negligence litigation, reversing itself in a decision that trial lawyers and the state's biggest lawyer group hailed as a step toward making sure employees who suffer workplace injuries can get before a judge.
The Pennsylvania Senate on Tuesday afternoon unanimously confirmed Gov. Tom Corbett’s nomination of Judge Patricia Jenkins, who has spent the last 20 years on the bench of the Delaware County Court of Common Pleas, to fill an open seat on the state’s Superior Court.
New York still owes its 1,400 judges $312 million in back pay even though it gave judges a raise after they went a decade without one, the judges' attorney told a Manhattan state appeals court panel during a Thursday hearing.
A proposed class of former defense contractor workers asked the Third Circuit on Tuesday to resurrect a suit alleging their employers and Prudential Insurance Co. of America sold them policies that were worthless due to a wartime exclusion, arguing that supplemental plans should be considered individually.
The Second Circuit on Tuesday upheld the dismissal of a lawsuit challenging the $13 million annual state tax levy imposed on Vermont's largest nuclear plant operator, saying the Tax Injunction Act does not allow the federal courts to meddle in state tax matters.
A pair of homeowners told the Pennsylvania Supreme Court on Monday that a recent decision allowing contractors to collect on mechanics’ lien claims without a valid written agreement with their customers would render key provisions of the state’s Home Improvement Consumer Protection Act meaningless.
The Second Circuit on Tuesday partially revived a class action claiming the parent of Steve & Barry's should be liable for mass layoffs that preceded the retail chain's bankruptcy, finding former employees could pursue claims against the retailer’s nonbankrupt parent but not its private equity investors.
A software developer on Tuesday pressed the Seventh Circuit to revive its unusual claim that a fictional computer program in the Warner Bros. film “The Dark Knight Rises” infringes its software trademark, arguing that the movie confused potential customers and caused sales to plummet.
A local ABC Inc. affiliate in Boston on Monday launched the latest appeals court battle over online streaming service Aereo Inc., pressing the First Circuit to overturn a district decision that said Aereo likely didn’t violate copyright law.
Amerijet International Inc. has asked the U.S. Supreme Court to clarify the National Labor Relations Board's authority to investigate an unfair labor practice claim by Amerijet cargo handlers, alleging the board overstepped its statutory authority and the courts refuse to weigh in.
Arizona officials have asked the U.S. Supreme Court to back its position that states may determine who qualifies as a Medicaid provider and revive a law denying funding to providers who perform elective abortions, according to a petition made available Monday.
A Pennsylvania appeals court found Monday that expert reports submitted in a suit against Rite Aid Corp. and The Procter & Gamble Co. by a plaintiff suffering from severe neurological problems did not establish a clear link between his condition and the zinc in Fixodent denture adhesive.
The Fox News reporter who revealed that Colorado murder suspect James Holmes sent a “chilling” notebook to a psychiatrist before a 2012 mass shooting does not have to reveal her source, New York’s highest court said Tuesday, reversing lower courts.
The Tennis Channel Inc. asked the U.S. Supreme Court last week to review a lower court's conclusion that Comcast Cable Communications LLC did not discriminate against it in favor of similar, competing, Comcast-affiliated networks, saying the decision rewrote discrimination law and clashes with precedent.
A Kansas City, Mo., restaurant has asked the U.S. Supreme Court to determine whether immigrants living in the country illegally can recover overtime and minimum wage under federal employment law, in a case involving admitted noncitizen Guatemalan workers who say they weren’t properly compensated for their work.
Bank of America NA has asked the U.S. Supreme Court to overturn a decision by California's highest court reviving a putative class action derived from the Truth in Savings Act, saying Congress clearly intended to eliminate that statute’s private right of action.
A relator has asked the U.S. Supreme Court to revive his suit alleging the city of St. Paul, Minn., violated a federal housing and development contracting program for ultra-low-income areas, insisting that he should be allowed to pursue his claims even if the government decided not to intervene.
The U.S. Senate on Tuesday confirmed Patricia A. Millett as a judge on the D.C. Circuit, marking the first judicial appointment approval under the Senate's new filibuster rules.
Federal courts have the authority to decide most civil disputes even when a parallel state-court proceeding involves the same subject, the U.S. Supreme Court ruled Tuesday in a decision overturning an Eighth Circuit ruling in favor of Sprint Communications Inc.
The Florida Chamber of Commerce on Friday backed online travel companies led by Expedia Inc. fighting Florida counties over how to apply the state's bed tax, arguing that taxing the booking companies' service fees could negatively affect the state's business climate.
The Third Circuit’s holding in Agostini v. Piper Aircraft Corp. reinforces conventional wisdom that the time to fight most motions to remand is in the opposition to the motion itself, not in a likely-to-be barred appeal, says Paige Forster of Reed Smith LLP.
Every appellate court to consider the issue has now rejected the National Labor Relations Board’s anti-arbitration position in D.R. Horton as out of step with the Federal Arbitration Act and the U.S. Supreme Court’s decision interpreting the statute in AT&T Mobility LLC v. Concepcion. And that growing consensus is a positive development for employers and employees alike, say Archis Parasharami and Scott Noveck of Mayer Brown LLP.
A recent change to the regulations governing practice before the IRS, commonly known as Circular 230, is under attack. The D.C. Circuit ruling in Loving v. Internal Revenue Service will have a significant effect on the IRS and tax return preparers and could have implications for other practitioners, says Robert Probasco of Thompson & Knight LLP.
State appellate courts provided sweeping decisions in 2013 affecting coverage rights under a variety of insurance policies. Practitioners can learn from K&L Homes Inc. v. American Family Mutual Insurance Co. and Capstone Building Corp. v. American Motorists Insurance Co., to name just two, say attorneys with Kilpatrick Townsend & Stockton LLP.
Northwest v. Ginsberg gives the U.S. Supreme Court the opportunity to affirm that frequent flier programs are "services" covered by the Airline Deregulation Act. However, the high court’s recent oral argument suggests that its decision may not end up addressing this important issue, says Roy Goldberg of Sheppard Mullin Richter & Hampton LLP.
Regarding the petition for certiorari in Dudenhoefer v. Fifth Third Bancorp, the solicitor general recently opined that only the presumption of prudence regarding employer stock being a proper legal standard for evaluating breach of fiduciary duty claims warrants the U.S. Supreme Court's review. Although presumably the high court will show deference to the solicitor general’s opinion, the high court should do just the opposite, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
There are several unique defenses, depending on the state, available to defendant pharmaceutical companies which arise from the discord between consumer protection statutes and prescription drugs, say Yvonne McKenzie and Gabriel Vidoni at Pepper Hamilton LLP.
Earlier this year, the Seventh Circuit found that the Clayton Act’s nationwide service-of-process and venue clauses must be read as an integrated whole — the third federal appeals court to reach this conclusion. The ruling may mark a tipping point, commanding influence within other circuits that have yet to decide whether the Clayton Act permits nationwide venue in antitrust cases, say Stephen Safranski and Mahesha Subbaraman of Robins Kaplan Miller & Ciresi LLP.
In re Flugence in the Fifth Circuit is important because of its implications for other instances in which litigation is commenced for the purpose of making creditors whole, but which may nonetheless produce recoveries in excess of the amount necessary to do so. Courts outside the Fifth Circuit are not in clear agreement, says Steven Wilamowsky of Bingham McCutchen LLP.
A decision by the U.S. Supreme Court in the Highmark Inc. case providing greater deference to a district judge’s findings could result in fewer awards being reversed on appeal, thereby increasing the number of awards and their deterrent effect against baseless lawsuits. The Icon Health & Fitness Inc. case provides a greater potential to reshape the landscape for awarding attorneys' fees by seeking what appears to be a lower standard, says Russell Cass of Sidley Austin LLP.