In an unprecedented twist Wednesday, a plaintiffs attorney group urged the Pennsylvania Supreme Court to hold a second hearing on whether the state should adopt revised tort law, arguing that the position taken by the Cozen O'Connor PC attorney counseling the plaintiffs does not represent the interests of most injured consumers.
The Eleventh Circuit on Monday upheld a $335,000 default judgment against a seller of counterfeit Louis Vuitton Malletier SA products, saying the defendant failed to show the lower court did not have personal jurisdiction over him.
The Fifth Circuit adopted new briefing rules, effective Sunday, that standardize the format of citations to the record so its judges can use a software program developed in-house that allows judges to instantly access electronic copies of the underlying documents.
The Ninth Circuit on Monday reversed a ruling that temporarily barred a Las Vegas concert promoter from using “The Platters” name in tribute concerts, but also rejected the promoter's arguments that the successor interests of Platters singer Herb Reed abandoned the right to use the trademark years ago.
Samsung International Inc. told the Federal Circuit on Monday that its plasma televisions imported from Mexico shouldn't be subject to a 5 percent tariff, asking the court to reverse a U.S. Court of International Trade decision that the TVs were ineligible for duty-free treatment.
Several recent under-the-radar rulings in False Claims Act suits are likely to reshape a litigation landscape already roiled by new developments in the nation’s highest courts, with decisions affecting everything from how hospitals admit to overbilling to how attorneys can have cases thrown out. Here, a look at four district court decisions lawyers need to know.
A Sixth Circuit panel on Monday refused to revive seven lawsuits alleging a generic version of digestion medication Reglan caused users to develop a serious neurological condition, ruling the plaintiffs were caught in a catch-22 preventing them from bringing claims against generic or brand-name manufacturers.
Florida Power & Light Co. on Monday asked an appeals court to affirm summary judgment in its favor against a contractor hired to do underground line construction work, arguing that it was within its contractual rights to terminate the contractor for unsafe site conditions.
Samsung Electronics Co. Ltd. urged a Federal Circuit panel on Monday to reverse a $38 million penalty and the ongoing royalties it must pay for allegedly willfully infringing on four Fractus SA patents covering cellphone antenna technology, claiming there was no evidence justifying the infringement decision.
Arguing for cable giant Comcast Corp. in a consumer class action, Gibson Dunn's Miguel A. Estrada convinced the U.S. Supreme Court to strengthen the requirements for Rule 23 class certification, landing him a spot among Law360's Appellate MVPs of 2013.
A suburban Philadelphia court clerk told the Pennsylvania Supreme Court on Monday that a September decision ordering him to stop issuing marriage licenses to same-sex couples in defiance of state law would require him to violate his oath of office to uphold the U.S. Constitution.
The Internal Revenue Service pressed the Seventh Circuit Monday to overturn a decision holding that the agency lacks sovereign immunity against fraudulent transfer claims brought by a trustee under the Bankruptcy Code, arguing that the trustee must be treated the same as an unsecured creditor would.
A Los Angeles Lakers Inc. ticket holder leading a putative class action against the team on Thursday urged the Ninth Circuit to reject the team’s arguments that the language of the Telephone Consumer Protection Act is ambiguous, saying the Lakers never presented that argument in district court and that the law is clear.
The Pennsylvania Superior Court ruled Wednesday that lessors of oil and gas rights to drillers cannot be forced to divide their statutorily defined royalty payments under the state's Guaranty Minimum Royalty Act to pay some of the money back to the lessee.
The Pennsylvania Superior Court said Wednesday that there was no evidence that GlaxoSmithKline PLC had fraudulently concealed information from a woman about the risk of taking its antidepressant drug Paxil while pregnant and agreed that her claims against the drugmaker were barred by a two-year statute of limitations.
An Arizona appeals court has ruled that the state may use the functional test under the Uniform Division of Income for Tax Purposes Act when imposing corporate income taxes on communication technology giant Harris Corp.
The Sixth Circuit must sort out jurisdictional arguments in a $445 million tax dispute between Ford Motor Co. and the Internal Revenue Service, the U.S. Supreme Court said Monday in a summary ruling.
My practice takes me to a lot of foreign countries, and I've found that in those settings where I might have expected my gender to be a hurdle to overcome, it's often an advantage, says Tara Lee, co-chairwoman of DLA Piper LLP's cross-border litigation practice and managing partner of the firm's Northern Virginia office.
The U.S. Supreme Court on Monday refused to take up a Virginia-based Christian university’s appeal of the Affordable Care Act's so-called employer mandate that sought to overturn a Fourth Circuit decision holding the government’s penalty fee for ACA nonparticipation is constitutional.
The U.S. Supreme Court on Monday declined to review the constitutionality of New York's "Amazon tax" on out-of-state retailers, preserving a lower court ruling that in-state affiliates of the company create a physical presence subject to taxation.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The Ninth Circuit's decision in Washington Environmental Council v. Bellon is part of a string of recent cases that limit the ability of environmental plaintiffs to bring lawsuits based on climate change. Significantly limiting the availability of statutory claims under the Clean Air Act, this decision rests on the principle that a causal chain involving numerous third parties is too weak to support standing, says Marc Bruner of Perkins Coie LLP.
The Nevada Supreme Court recently issued an opinion clarifying the application of AB 273, a groundbreaking statute designed to prevent secondary market loan purchasers from profiteering due to deficiencies in distressed loans. While the court adopted a middle approach with respect to positions taken by borrowers and lenders, the holding provides more relief than lenders are willing to concede, say Christopher Reeder and Andrew Howard of Robins Kaplan Miller & Ciresi LLP.
At long last, the U.S. Supreme Court will address the fraud-on-the-market presumption of reliance established by the court in 1988. Securities litigators on both sides of the aisle are understandably anxious, because our entire industry is about to change — either a little or a lot. I say “change” because the ruling in Halliburton cannot and will not do away with securities litigation, says Douglas Greene of Lane Powell PC.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
Our recent interview with Seventh Circuit Judge Richard Posner will give you better insight into Judge Posner's perspectives on patent litigation. He described his views on the use of survey evidence in measuring demand for specific patented features and discussed the use of market comparables and noninfringing alternatives in measuring the value of patented technology, say David Haas, John Bone and Bruce Burton of Stout Risius Ross Inc.
The California Supreme Court has a long history of inventing new rules to invalidate consumer and employment arbitration agreements. But basing a finding of unconscionability on the court’s new test established in Sonic-Calabasas A Inc. v. Moreno would interfere directly with the Federal Arbitration Act’s protection of the freedom to tailor appropriate arbitral procedures, say Andrew Pincus and Archis Parasharami of Mayer Brown LLP.
Perhaps it is time for Congress to amend the Tax Injunction Act to allow federal courts to hear state tax cases where a federal constitutional provision or a federal statute is a material issue in the case. This would help tame the current Wild West atmosphere when it comes to state tax jurisprudence, says Marvin Kirsner of Greenberg Traurig LLP.
Recent jurisprudence pertaining to the stream of commerce theory of personal jurisdiction demonstrates that courts are coalescing around two discernible schools of thought as to how to interpret the U.S. Supreme Court ruling in J. McIntyre Machinery Ltd. v. Nicastro, says Josh Kluewer of Weisbrod Matteis & Copley PLLC.
In Lawson v. FMR LLC, the Supreme Court heard arguments on how the Sarbanes-Oxley Act's anti-retaliation provisions should be interpreted without either gutting or expanding them without limit. Assuming the court hands down a decision echoing the Nov. 12 session, the Obama-era “sea change” in favor of whistleblowers remains a gathering force in employment law, says R. Scott Oswald of The Employment Law Group PC.