The NCAA on Friday asked the U.S. Supreme Court to determine whether the First Amendment can be used as a shield against a publicity rights suit brought by former student-athletes claiming that the NCAA and Electronic Arts Inc. have illicitly profited from their likenesses in video games.
The American Petroleum Institute on Tuesday sued the U.S. Environmental Protection Agency in the D.C. Circuit over the amount of renewable fuels that must be added to the U.S. fuel supply in 2013, the latest salvo in the petroleum industry's battle against the agency's controversial renewable fuel program.
The families of U.S. Air Force personnel killed in a 1996 terrorist bombing urged the D.C. Circuit on Tuesday to order the release of several trade sanction-blocked assets linked to Iran to help satisfy $590 million in judgments, claiming the courts have unnecessarily stalled their relief.
Indigenous Ecuadoreans seeking to enforce a $19 billion Amazon pollution judgment asked the Second Circuit on Wednesday to halt the looming trial in Chevron Corp.’s New York racketeering suit, saying recent legal maneuvering confirms Chevron’s intention to defy a prior appeals court ruling.
In the first antitrust appellate decision to apply the U.S. Supreme Court's recent Comcast decision, the D.C. Circuit held Friday that the justices required district courts to dig into the evidence before certifying a class action, undercutting plaintiffs' efforts to use the Comcast dissent to limit the landmark ruling's scope.
The minority partners in Philadelphia’s SugarHouse Casino sued the Pennsylvania Gaming Control Board in the state’s Commonwealth Court on Monday, seeking to block it from reissuing a second casino license in the city that it had previously revoked from a rival.
Florida's Judicial Qualifications Commission on Monday launched an investigation into charges against a Broward County judge related to her involvement as an attorney in a $14.5 million settlement with the Progressive Casualty Insurance Co. over personal injury protection and bad faith claims.
Novartis Pharmaceuticals Corp. asked the U.S. Supreme Court on Monday to stop Puerto Rico's Department of Consumer Affairs from regulating the prices at which it sells Puerto Rican wholesalers its products, saying the agency is inappropriately regulating interstate commerce with its price-setting actions.
An environmental group arguing that coal mines should be regulated as stationary sources under the Clean Air Act lodged a complaint with the D.C. Circuit on Tuesday challenging the U.S. Environmental Protection Agency's refusal to even study the issue.
A chemical industry group launched a challenge in the D.C. Circuit on Wednesday to new toxicity testing requirements the U.S. Environmental Protection Agency imposed on disinfecting pesticides, which the group has criticized as usurping U.S. Food and Drug Administration authority.
Northern Natural Gas Co. has asked the U.S. Supreme Court to decide whether state courts are preempted under the federal Natural Gas Act from allowing third parties to siphon and otherwise take natural gas that is stored in federally regulated storage fields.
A group of black and Latino advocacy groups and legal ethics professors on Tuesday asked the Fifth Circuit to discipline Judge Edith Jones for allegedly disparaging minorities and people with mental disabilities in a talk on the death penalty earlier this year and for showing disrespect to the U.S. Supreme Court.
For the second time in two months, the U.S. Supreme Court vacated a class certification decision in a washing machine defect action in light of its recent Comcast Corp. v. Behrend ruling, sending a suit against Sears Roebuck & Co. back to the Seventh Circuit.
Miami-Dade County has asked the U.S. Supreme Court to overturn an Eleventh Circuit ruling that upheld a $4 million judgment over its refusal to issue a port permit to a Florida company that loads and unloads ships, saying it didn't block interstate commerce.
A northeast Pennsylvania couple on Wednesday launched an appeal challenging the state Department of Environmental Protection’s conclusion that hydraulic fracturing at natural gas wells near the property was not the cause of methane contamination of their well water.
A group of banks seeking to block the city of Springfield, Mass., from implementing anti-foreclosure ordinances urged the First Circuit on Tuesday to reverse a lower court's dismissal of their case, saying the ordinances are preempted by state law and violate the U.S. Constitution.
CoreValve Inc. urged the U.S. Supreme Court on Monday to clarify the Federal Circuit's prior art enablement doctrine, alleging the court adopted three battling standards and erroneously upheld Edward Lifesciences Corp.'s $73.9 million infringement award over catheter heart valve technology.
The Federal Aviation Administration has been hit with lawsuits in the D.C. Circuit from airports in Spokane, Wash., Bloomington, Ill., and three Florida cities challenging the agency’s plan to close their air traffic control towers, as the agency seeks to shed $637 million through budget cuts triggered by Congress' sequestration.
A former nurses' union member who claims nonmember objectors cannot be charged for political lobbying expenses asked the D.C. Circuit on Monday to order the National Labor Relations Board to cease adjudicating her case, citing the court's bombshell ruling invalidating the appointments of three board members.
Two mining companies — whose economic interests in Idaho’s Payette National Forest prohibited them from challenging a U.S. Forest Service road plan, according to the Ninth Circuit — last week asked the U.S. Supreme Court to reverse that finding and allow their complaint about the plan to proceed.
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.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Two recent decisions in the Fifth Circuit and the Federal Circuit involving Kellogg Brown & Root Services Inc. dealt with vicarious liability under the Anti-Kickback Act for subcontractor kickbacks accepted by KBR’s employees. Both decisions are flawed, but they should alert contractors to a serious need to revisit ethics and compliance programs to address kickback situations, says John Pachter of Smith Pachter McWhorter PLC.
In light of the Third Circuit’s recent ruling in In re KB Toys, both buyers and sellers of bankruptcy claims should investigate a creditor’s preference exposure by seeking information from the creditor and by reviewing a debtor’s statement of financial affairs, say attorneys with Haynes and Boone LLP.
In Broadcom v. Emulex, the Federal Circuit hewed closely to its old bias in favor of injunctions. Its facile reasoning bodes well for patentees in future cases, but departs from its recent, less plaintiff-friendly decisions establishing a “causal nexus” requirement in the battle between Apple Inc. and Samsung Electronics Co. Ltd. Failure by one panel to follow the holding of another panel of the same court is error, say attorneys with Day Pitney LLP.
A recent California appeals court decision provides a benchmark for plaintiffs to plead and prove claims under the California Medical Information Act that is consistent with prior nonhealth-care decisions. Plaintiffs must do more than plead mere loss of data, say attorneys with Morrison & Foerster LLP.
Hedden v. Kean University provides corporate counsel with some solace that an organization’s privilege in its communications with inside or outside counsel cannot be waived by employees not charged with management. However, an organization is well advised to establish guidelines as to how and under what circumstances employees interact directly with counsel, say Donald Taylor and James Tonrey Jr. of Wilentz Goldman & Spitzer.
In the last few months, California courts have issued several decisions concerning the scope of an insurer’s duty to defend its insured. These decisions address the circumstances under which a duty to defend exists, the commencement of the duty, the obligation to provide independent Cumis counsel and the insurer’s right to reimbursement of amounts paid, says Jose Umbert at Zelle Hoffmann Voelbel& Mason LLP.