A Ninth Circuit panel forced arbitration of customers’ claims that DirecTV Inc. did not properly disclose its early cancellation fees, ruling Monday that the U.S. Supreme Court's Concepcion decision prevented plaintiffs from blocking DirecTV’s arbitration policy.
Ecuador urged the Ninth Circuit on Friday to overturn a decision allowing Chevron Corp. to subpoena the identities of 39 anonymous nonparties in the oil giant's New York racketeering suit over a $19 billion pollution judgment, saying Chevron seeks to trample the privacy rights of Ecuadorean citizens.
The wave of wage-and-hour class actions lodged by unpaid interns has spurred some companies to ax their internship programs, and with the Second Circuit now agreeing to weigh in on cases against Fox Entertainment Group Inc. and Hearst Corp., attorneys say more interns could be sent packing.
UPI Semiconductor Corp. urged the Federal Circuit on Monday to overturn a ruling by the U.S. International Trade Commission, which found the company had violated a stipulated import ban on patent-infringing products, while a panel pressed the company on why it was contesting the consent order to which it had already agreed.
A Federal Circuit panel on Monday questioned whether a consumer watchdog group has standing to continue its quest to invalidate a University of Wisconsin-Madison stem cell patent, saying the group hasn't shown injury or harm that would justify its appeal.
The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear a dispute over whether the Natural Gas Act preempts multidistrict litigation accusing a slew of energy companies of fixing the price of natural gas.
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.
If the Texas Commission on Environmental Quality receives permitting authority for greenhouse gas emissions as planned, affected Texas businesses will likely spend less time and money securing their GHG permits, and the ancillary issues that must be reviewed as part of the federal permitting process will not loom as large at the state level, say Anthony Cavender and Amanda Halter of Pillsbury Winthrop Shaw Pittman LLP.
A California appeals court’s recent decision in Alexander v. Exxon Mobil creates a Catch-22 for property owners who want to do the right thing and clean up their properties. Unless there is a response to Alexander from the Legislature or a higher court, it will be difficult for property owners in toxic tort suits to win based on the statute of limitations at the demurrer stage, say Brian Haughton and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.
Fair Laboratory Practices Associates v. Quest Diagnostics Inc. presented the Second Circuit with a question that has the potential to keep corporate executives up at night — can an in-house attorney use confidential communications to blow the whistle on a former client? say Christopher Myers and Michelle Hess of Holland & Knight LLP.
While the questions in Bakoss v. Certain Underwriters at Lloyd’s of London were plainly important and the circuit splits were clear, the issues may well have been too vexing for the U.S. Supreme Court’s conservatives to support taking the case. It is, however, simply a matter of time before these issues will demand the court’s resolution once again, says Robert Loeb of Orrick Herrington & Sutcliffe LLP.
In the past few weeks, there have been several noteworthy decisions regarding employers' use of criminal background information to make hiring decisions — including EEOC v. Peoplemark, which shows that whether a case is handled internally or by outside counsel, employers should be extremely cautious about overstating policies, says Melissa Siebert of Baker & Hostetler LLP.
Companies may find it beneficial to include forum selection clauses in foreign contracts as they provide a sense of security about where any potential litigation may take place. However, a party may find that the legal or political environment of the designated forum is markedly different at the time of litigation, and U.S. courts have thus far allowed avoidance of the application of such clauses only for drastic and unexpected changes, say Aaron Gruber and Caroline Mitchell of Jones Day.
While the Fifth Circuit's recent decision in TMM Investments Ltd. v. Ohio Casualty Insurance Co. is certainly pro-appraisal, the development of a significant body of appraisal case law in Texas may also be viewed as a positive development for appraisal more generally, says Kristin Suga Heres of Zelle Hofmann Voelbel & Mason LLP.
While the U.S. Supreme Court denied a petition for a writ of certiorari in Marek v. Lane, we believe it is likely the court will, in an appropriate case, announce some general principles to limit use of the cy pres remedy, just as it has announced some general principles to try to limit the size of class actions. We doubt the court will outlaw the remedy altogether, say attorneys with Nixon Peabody LLP.
Establishing important procedural guidelines for environmental litigators, the Third Circuit's recent decision in Trinity Industries Inc. v. Chicago Bridge & Iron Co. indicates that the Comprehensive Environmental Response, Compensation and Liability Act is the proper vehicle, not the Resource Conservation and Recovery Act, for seeking contribution for site cleanup costs, says Joseph Falgiani of Sedgwick LLP.
Carbon dioxide liability plaintiffs may attempt to rely on the Third Circuit's decision in Bell v. Cheswick Generating Station to try to revive their litigation fortunes. But such attempts still won't ring the bell as state law nuisance claims are futile, says J. Wylie Donald of McCarter & English LLP.