The Illinois Supreme Court found Friday that the state's anti-hazing statute allows sorority women at an event where a Northern Illinois University fraternity pledge drank himself to death to face liability along with the frat in a suit filed by the student's father.
The Seventh Circuit on Friday upheld the prison sentences of a man and a woman convicted in a $4.3 million scheme to defraud Medicare, finding the district judge used proper calculations and considerations to determine their sentences.
The Trump administration urged the U.S. Supreme Court on Thursday to “vindicate the law” by leapfrogging over the Ninth Circuit and reviewing a California federal court’s temporary pause of the federal government’s move to wind down the Deferred Action for Childhood Arrivals program.
The Ninth Circuit on Tuesday dismissed a dispute between Lloyd's of London and SFA Group over responsibility for a $64 million malpractice judgment against a former Dickstein Shapiro lawyer, at the request of both parties.
A federal appeals court on Friday rejected a challenge by the former CEO of Nebraska’s failed TierOne Bank of his conviction, 11-year prison sentence and $3.1 million fine, saying jurors and the judge who oversaw the case made the appropriate decisions.
A state appellate court affirmed Friday the forfeiture of a former New Jersey police officer’s disability retirement benefits after he admitted to tipping off drug dealers about an undercover wiretap investigation.
Florida's Fifth District Court of Appeal ruled Friday that a Jacksonville attorney, whose conviction for helping a purported charity run a $300 million illegal gambling ring was overturned, is entitled to collect costs under state law because the state declined to pursue further prosecution.
A group of past and present Republican state and local lawmakers along with two dozen former presidents of the Washington, D.C., bar on Friday threw their support behind a union’s fight urging the U.S. Supreme Court not to block state unions from making workers cover bargaining costs.
Florida Gov. Rick Scott on Friday appointed the general counsel of the Florida Department of Management Services to a seat on the bench of the Second District Court of Appeal.
A Philadelphia County court “played into defendants’ hands” by ignoring a number of late filings and made other mistakes in deciding to transfer a medical malpractice suit over the death of a toddler to another court 60 miles away, a Pennsylvania appeals court said Thursday.
The Seventh Circuit on Friday declined to revive claims in more than 1,000 lawsuits against Pfizer Inc. included in the multidistrict litigation for testosterone replacement therapy drugs, finding the suits’ state law claims about the company’s drug Depo-Testosterone were preempted by federal drug regulations.
Massachusetts’ highest court on Friday gave the owners of some units at the Grand Manor Condominium Association in Lowell another shot at their bid to make the city pay them millions of dollars for damaging their property by releasing hazardous materials like lead and arsenic when operating it as a dump.
The Texas Supreme Court on Friday agreed to review a dispute between saltwater disposal well companies and the Parker County Appraisal District in which the companies argue that the district’s decision to tax their underground wastewater disposal wells separately from the surface constitutes unconstitutional double taxation.
Whether or not a defendant in a fee dispute with his former attorney actually believed the lawyer was a "no good drunk,” as he wrote in an email, is irrelevant to whether the statement was protected by the litigation privilege, a New Jersey appeals court said Friday.
The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.
The Federal Circuit’s decision to toss out a $48 million award Exmark won against Briggs & Stratton should alleviate concerns about patent drafting tricks being used to inflate damages awards, although attorneys said it will give experts more flexibility in their damages analyses.
U.S. District Judge Rodney Gilstrap was right to let a jury skip ruling on whether a medical device maker’s patents were valid after they found a competitor didn’t infringe them, and he was clear to send the jury back when they did rule on validity, the Federal Circuit said Friday.
Ford Motor Co. and representatives of a class of Floridians who drove Ford Explorers that may have had a defective exhaust system have asked the Eleventh Circuit to throw out an objection to the settlement, saying the deal was fair to drivers and acknowledged the risk that they would lose at trial.
Two media organizations have launched a challenge to the Federal Communications Commission’s deregulation of its broadcast media ownership rules, telling the Third Circuit that the agency slashed important diversity safeguards without ample justification.
The D.C. Circuit on Friday rejected environmental groups’ effort to revive their challenge to the U.S. Nuclear Regulatory Commission’s decision to issue a license for Strata Energy Inc.’s uranium mining project in Wyoming.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
The "Blurred Lines" verdict on copyright infringement and the district court’s decision sustaining that verdict were not at all surprising, decided in conformity with well-established Ninth Circuit precedent. However, there was an evidentiary decision that, if it stands on appeal, could have far-reaching implications for future cases, says Richard Busch of King & Ballow, who represents the Gaye family in this case.
The technology at issue in University of Maryland v. Presens offers patent practitioners a relatively straightforward illustration of the useful but sometimes tricky technique of starting with a primary reference’s base physical structure and/or principle of operation, and modifying it with a more narrowly tailored teaching from a second reference, says Samuel Drezdzon of Haynes and Boone LLP.
A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.
Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.
One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.
As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
One reason why there were few 2017 inter partes review remand decisions that reached the same result as the pre-remand decisions may be that the Federal Circuit has left less room for the Patent Trial and Appeal Board to do so, say Kerry Taylor and Clayton Henson of Knobbe Martens.
While the U.S. Supreme Court denied Defense Distributed’s petition for writ of certiorari last week, this case commands intense scrutiny because of the intersection between 3-D printing and regulations on the export of defense articles and services, including technical data, says Kelsey Wilbanks of Smith Pachter McWhorter PLC.
Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.
Last year, courts issued numerous health care-related decisions interpreting the legal standards under the False Claims Act and assessing the viability of a multitude of FCA liability theories. These decisions will affect the prosecution and defense of FCA cases for years to come, says Brian Dunphy of Mintz Levin Cohn Ferris Glovsky and Popeo PC.