The Eighth Circuit on Friday refused to reverse the one-year sentence given to a former executive of supermarket supplier Affiliated Foods Southwest Inc., denying a request by prosecutors to order a resentencing based on the $11.6 million loss they claim his check-kiting scheme caused.
The first-inventor-to-file system championed by the Leahy-Smith America Invents Act will neither stifle innovation nor violate the U.S. Constitution, the U.S. Patent and Trademark Office said Thursday in an attempt to prevent an injunction stopping the system from going into effect.
A Louisiana appeals court on Friday rejected an attempt by the pharmaceuticals unit of consumer products giant Johnson & Johnson to vacate a jury award of $258 million over its marketing of the antipsychotic drug Risperdal, saying the trial court rightly followed due process.
Private equity firm Starwood Capital Group wants to finance a chunk of a $131 million resort project in Hollywood Beach, Fla., in return for a spot on the development group, paving the way for the project's final approvals, a city spokeswoman said Friday.
A host of energy heavyweights on Wednesday asked the Federal Energy Regulatory Commission to deny Kinetica Energy Express LLC’s $32 million bid to buy Gulf of Mexico natural gas processing and transportation infrastructure from Tennessee Gas Pipeline Co., saying the deal threatens long-term Gulf gas production.
A Florida federal judge refused Thursday to sanction the U.S. Securities and Exchange Commission for allegedly destroying evidence in its suit alleging Radius Capital Corp.'s CEO tricked Ginnie Mae into guaranteeing $23 million in mortgage-backed securities.
A Virginia federal judge on Tuesday refused to remand a $2.4 million lawsuit against Northrop Grumman Systems Corp., saying Northrop was directed by a federal officer when it ended a subcontractor's software licensing agreement, meaning the matter belongs in federal court.
The City of Orangeburg, S.C., on Wednesday notified the North Carolina Utilities Commission that it planned to appeal the agency's June 29 approval of the $26 billion merger of Duke Energy Corp. and Progress Energy Inc., saying it had overstepped its authority.
A contract between companies that have fulfilled most but not all of their obligations to one another is executory, or able to be rejected in bankruptcy court, the Eighth Circuit said Thursday in a published decision involving a trademark licensing deal.
The U.S. Federal Trade Commission asked a federal judge on Wednesday to force medical testing provider LabMD Inc. to comply with the agency’s requests for data in an investigation into whether patients’ private information is properly protected.
A real estate investment trust co-sponsored by American Healthcare Investors and Griffin Capital Corp. has bought a 20-property portfolio of senior care communities and medical office buildings from Regency Pacific Management LLC affiliates for about $103 million, the companies announced Wednesday.
In its latest lawsuit over patented blade server devices, Acceleron LLC sued a unit of Hitachi Ltd. on Tuesday in Georgia federal court for allegedly unauthorized use of technology that prevents disruptions to large computer networks.
Chubb Corp. unit Federal Insurance Co. lodged a third-party complaint on Thursday against Chevron Energy Solutions Co. in a $1.4 million insurance dispute over work performed by contracting firm Piedmont Mechanical Inc. on a Navy power plant project, arguing that Chevron is obligated to indemnify FIC.
A Virginia federal judge on Thursday banned Kolon Industries Inc. from producing a body-armor material for 20 years, marking a win for DuPont Co. in a trade secret battle that saw Kolon slapped with a $920 million jury verdict last year.
BP PLC and Royal Dutch Shell PLC shipping units on Monday asked the Federal Energy Regulatory Commission to reconsider a private equity-backed company's takeover of several Louisiana gas-gathering sites after what they call a bait-and-switch that flies in the face of the public interest.
Florida's Second District Court of Appeal ruled Wednesday that a lower court did not exceed its jurisdiction by reversing a town council's approval of a $400 million resort expansion in Florida, according to a published opinion.
A Toyota Motor Corp. unit lodged an amended complaint against a recently fired computer programming contractor in Kentucky federal court on Tuesday, accusing him of sabotaging the company's computer network and accessing confidential trade secrets such as pricing data and proprietary design information.
An Arkansas federal jury on Wednesday granted a verdict to Pfizer Inc. units Wyeth Pharmaceuticals Inc. and Pharmacia & Upjohn Inc. in a suit by a woman claiming Premarin and the companies' other menopause hormone therapy drugs gave her breast cancer, the companies' ninth win in the last 11 such suits decided at trial.
Johnson & Johnson agreed Thursday to pay $181 million to 36 states and Washington, D.C., to resolve claims that it deceptively marketed its antipsychotic drugs Risperdal and Invega in what the states are calling the largest-ever multistate consumer protection settlement with a pharmaceutical company.
The Sixth Circuit on Wednesday affirmed a lower court's finding that Atlantic Mutual Insurance Co. did not have to provide additional uninsured motorist coverage to a Kentucky resident who brought suit seeking to stack coverage in his master insurance policy for injuries from a car accident.
Two recent lawsuits allege that Blue Cross and Blue Shield Association entities in North Carolina and Alabama have violated federal and state antitrust laws by engaging in concerted action with other BCBS plans nationwide. If the plaintiffs’ allegations of market allocation are true, the cases may have significant implications for providers, say attorneys with King & Spalding LLP.
Many providers and pundits may focus on the Kleen Products LLC v. Packaging Corporation of America case currently pending in Illinois as proof of either judicial acceptance or rejection of predictive coding. But the need for parties to act reasonably in litigation and e-discovery trumps any debate over the use of new technologies, says Christina Zachariason of Navigant Consulting Inc.
No consensus exists between and among the states as to the source, the scope or, in a few jurisdictions, even the availability of the learned intermediary doctrine as a defense. A review of case law in five states shows just how disparately the learned intermediary doctrine is treated, says Carol Smith of Frost Brown Todd LLC.
2012 is shaping up as a year of bankruptcy first impressions for the Ninth Circuit. The court has sailed into uncharted bankruptcy waters twice already this year in the same Chapter 11 case — In re Thorpe Insulation Co., say attorneys with Jones Day.
In PHL Variable Life Insurance Co. v. Faye Keith Jolly Irrevocable Life Insurance Trust, the Eleventh Circuit has affirmed the clear proposition that a life insurance company cannot blithely ignore "red flags" of insurance application fraud or misrepresentations during the underwriting/application process and then later attempt to keep the premiums paid on a rescinded policy, say Brian Casey and Thomas Sherman of Locke Lord LLP.
The Fourth Circuit's recent decision in Drakeford v. Tuomey Healthcare System Inc. highlights the fact that proving a False Claims Act violation requires not only the submission of a claim that is false, but also that the false claim was submitted “knowingly," says Daniel Donohue of Husch Blackwell LLP.
The U.S. District Court for the Eastern District of Virginia has issued a significant ruling in Maximus Inc. v. Twin City Fire Ins. Co. The decision underscores the policyholder’s right to settle claims with one party without jeopardizing its contractual rights as to others, say Michael Levine and Christine Terrell of Hunton & Williams LLP.
As with other Louisiana industries targeted by tax credits, the solar and wind energy sectors are starting to see increased economic development activity. Unlike many of the state’s other tax incentives, however, a positive byproduct of this credit is the preservation of the state’s natural resources, says Robert Wollfarth of Baker Donelson Bearman Caldwell & Berkowitz PC.
The Fourth Circuit's recent Rosetta Stone Ltd. v. Google decision revives Rosetta Stone’s claim of trademark infringement and dilution against Google based on the use of trademarked keywords that generate online advertisements. Brand owners and Internet advertisers — take note, says William Schultz of Merchant & Gould.
The Virginia Supreme Court has issued its opinion on rehearing in the greenhouse-gas case of AES Corp. v. Steadfast Ins. Co., noting that “occurrence" and "accident" are terms that "... refer to an incident that was unexpected from the viewpoint of the insured” — but the court went awry by adopting the converse of this premise as being the logical equivalent, says Marc Mayerson of Orrick Herrington & Sutcliffe LLP.