An Eleventh Circuit panel on Tuesday voiced skepticism over allegations that Best Buy Co. Inc.'s policy of swiping the driver's licenses of customers returning products violated privacy law, and seemed unlikely to reinstate a putative class action challenging the practice.
A group of commercial oyster harvesters suing BP PLC, Louisiana and several contractors over alleged damages from berms built in the aftermath of the Deepwater Horizon disaster was dealt serious setbacks on Monday by the Fifth Circuit and a Louisiana federal court.
Disgraced former Pennsylvania Supreme Court Justice Joan Orie Melvin on Monday launched an appeal challenging her February conviction on charges that she ordered her state-funded staff to work on two political campaigns as she sought a seat on the state’s highest court.
A Pennsylvania appeals court on Monday pared down claims in a suit alleging the state Department of Public Welfare improperly authorized the Hospital & Healthsystem Association of Pennsylvania to set hospital and provider Medicaid rates with managed care organizations that stripped hospitals of any negotiating power.
The Fifth Circuit on Monday struck the National Rifle Association of America's challenge against a Texas law that bars 18- to 20-year-olds from carrying concealed handguns in public, saying it doesn't violate the Second Amendment because Texas has an important interest in maintaining public safety.
Florida Gov. Rick Scott announced the appointment of Timothy D. Osterhaus, the state's solicitor general, to the state's First District Court of Appeal on Monday to fill the seat of the retiring Judge Marguerite Davis.
The U.S. Supreme Court could establish clear rules on whether patent owners always have the burden of proving infringement, having agreed Monday to hear Medtronic Inc.'s appeal of a ruling that the burden falls on license holders when a patentee is barred from alleging infringement, attorneys say.
A Third Circuit panel on Monday freed “Girls Gone Wild” video series founder Joe Francis from a $3 million judgment awarded to a woman who claimed he wrongly linked her identity to a high-profile sex scandal, finding that there wasn't enough evidence to show that Francis made the video or that the New Jersey federal court had authority to hear the case.
The U.S. Supreme Court agreed Monday to hear its first-ever Sarbanes-Oxley Act whistleblower case, in which it might not only decide whether SOX's anti-retaliation provision covers employees at private contractors of public companies, but also clarify how much deference courts should afford agencies like the U.S. Department of Labor when it comes to interpreting the law, attorneys say.
The U.S. Supreme Court's Monday ruling in favor of the Federal Communications Commission, which held that courts should apply a deferential standard of review when federal agencies interpret the limits of their own authority, may make it tougher for regulated businesses to fight agency actions, attorneys say.
The Ninth Circuit on Monday refused to rehear a dispute over an Indian tribe's controversial plan to build a $600 million Las Vegas-style casino in Glendale, Ariz., but withdrew its earlier opinion on the matter and replaced it with a decision remanding the issue to the U.S. secretary of the interior.
The U.S. Supreme Court ruled Monday that attorneys can still recover fees and costs for vaccine injury claims that a government compensation program determines to be time-barred, a decision that will make lawyers more likely to take calculated gambles on cases with timeliness concerns.
Reproductive health advocates on Monday urged the Second Circuit not to delay a court order that Plan B and other emergency birth control pills be made available over the counter without age restrictions, saying a New York federal judge acted reasonably to address political obstructionism.
The Eleventh Circuit on Monday slashed a $3 million contingency fee awarded to Florida law firm Rosenbaum Mollengarden PLLC, whose equity partner was associated with two previous law firms throughout his representation of a Miami condominium association in an underlying insurance dispute.
A Sprint Nextel Corp. unit has asked the U.S. Supreme Court to determine if a California appeals court skirted its 2011 AT&T Mobility LLC v. Concepcion decision by rejecting Sprint's bid to compel arbitration in a class action over early termination fees.
A former Exxon Mobil Corp. vice president on Friday told Texas’ highest court that compensation agreements he inked with the oil and gas giant allowing it to cancel $5 million in stock incentives he held after he went to work for a rival are unenforceable.
The American Bar Association on Monday urged the Federal Circuit to overturn its controversial position that claims construction rulings must be reviewed anew on appeal, arguing that patent litigation would be more efficient and predictable if district courts' factual findings were given greater deference.
The owner of the Residence at The Ritz-Carlton Westchester filed a motion for en banc rehearing with the Second Circuit on Monday, in a dispute with prospective residents over whether a single-floor condominium in a multistory building is subject to disclosure and reporting requirements.
A group of black firefighters from Buffalo, N.Y., asked the Second Circuit Monday to reopen a lawsuit claiming racial bias, arguing that black firefighters bore the brunt of drug-use-related firings.
The Federal Circuit on Monday threw out a ruling that five Mylan Inc. patents covering treatments for chronic pulmonary obstructive disease were invalid, reviving claims that Sunovion Pharmaceuticals Inc.'s drug Brovana infringed the patents.
A lesser-known risk among companies that use independent contractor models is the threat of Title VII litigation, which two recent appellate court decisions, Allen v. Radio One and Alam v. Miller Brewing Company, addressed. These cases remind employers of the ways to minimize such litigation risks, such as adopting a policy to not rehire former employees terminated for misconduct, says Douglas Darch of Baker & McKenzie.
A case that seems to have gone relatively unnoticed is ASR Levensverzekering NV v. Swiss Re Financial Products Corporation. Dismissed by the New York Supreme Court, the case provides useful insights into the application of New York fraud and contract law in the context of complex financial transactions, say James Bliss and Kevin Broughel of Paul Hastings LLP.
Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
Recently, a New York appellate court upheld lower court decisions in Norse Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, which found municipal bans on natural gas development to be a valid exercise of home rule. There are a number of reasons, however, that the court should have instead overturned these decisions, says Yvonne Hennessey of Hiscock & Barclay LLP.
The Federal Circuit recently released In re Jasinski, which overturned a Board of Patent Appeals and Interferences ruling upholding a rejection of a method claim based on an anticipatory reference by reasoning that functional language used in the method claim was not a limitation. In most cases, functional language will be construed as a limitation, say Christopher Cauble and Darin Deaver of Dentons.
The extraordinary relief granted in the Fifth Circuit's recent decision in TimeGate Studios Inc. v. Southpeak Interactive LLC demonstrates that video game developers and publishers should seriously consider what terms and conditions they will agree to, and must do their best to ultimately comply with the language in a development agreement, says Sean Kane of Pillsbury Winthrop Shaw Pittman LLP.
The Ninth Circuit ruling in In re Fitness Holdings International Inc. and similar decisions allowing recharacterization of debt as equity all send a single clear message: Although lawyers can structure a transaction to look like debt, bankruptcy courts have the authority to determine what the transaction really is and are not bound by what it is called, say Ira Herman and Evelyn Breithaupt of Thompson & Knight LLP.
The New York Court of Appeals decision in Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce may have an immediate impact on other efforts to enforce judgments against international bank deposits by initiating proceedings against nonparty banks in New York, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Recently, the D.C. Circuit surprisingly overturned a decision that invalidated the U. S. Environmental Protection Agency’s attempt to veto a Clean Water Act “dredge and fill” permit, putting several construction projects under threat of losing permit authorization. Although the case specifically refers to a coal mining operation in West Virginia, it has serious implications beyond the coal industry and state, say attorneys with Dinsmore & Shohl LLP.
Regulators, food distributors and lawyers are scrambling to determine the legal and reputational consequences of the still-growing horse meat scandal that recently hit Europe. Amid the recalls, finger-pointing and consumer outrage, one thing remains certain: You will have time to bet on many Derby winners before this scandal is fully resolved, say attorneys with Cozen O'Connor.