Appellate Law360 provides breaking news and analysis on appellate law. Coverage includes major cases in the federal courts of appeal, the U.S. Supreme Court, and state-level appeals courts, with a focus on petitions, briefs, oral arguments, decisions, and other major activity.
Environmentalists asked a California appeals court Friday to rule that Proposition 65, the state’s toxic substances warning law, should require notice if a product contains any lead, arguing the state adopted safe lead levels from a federal agency whole cloth and flouted the local law by not doing its own scientific research.
As the Seventh Circuit gears up to hear oral arguments Wednesday in a suit against GlaxoSmithKline over the suicide of an attorney who was taking a generic version of the antidepressant Paxil, experts say the end result could be a circuit split that pushes the U.S. Supreme Court to decide whether branded pharmaceutical companies should carry liability for generic versions of their drugs.
A recent Federal Circuit decision applying the rarely-invoked printed matter doctrine to invalidate a respiratory drug patent could give litigants another way to challenge patents and get in patent-eligibility arguments that otherwise can't be made in inter partes reviews, attorneys say.
The Texas Supreme Court on Friday tossed a $1.9 million jury verdict in a medical malpractice suit over a botched hysterectomy, saying the trial judge’s jury instructions improperly allowed the jury to consider an invalid theory of liability.
A D.C. Circuit panel on Friday denied XPO Logistics Freight Inc.'s bid for review of a National Labor Relations Board finding that the company violated federal labor law when it refused to bargain with a Teamsters local after workers at one of its facilities voted to join the union.