Appellate

  • August 16, 2007

    Ex-Plan Holder Gets Right To Sue Under ERISA

    A former employee's putative class action against American Electric Power Company Inc. for violating the Employee Retirement Income Savings Act of 1974 may go forward even though he has since cashed out of the AEP retirement plan, an appellate court ruled Wednesday.

  • August 16, 2007

    ERISA Plans Must Pay Accrued Benefits To All: Court

    An appellate court has agreed with a lower court’s ruling that ERISA pension plans should provide accrued cost-of-living adjustments to retired employees who received lump sum distributions if the same benefits are provided to retirees who receive monthly payments.

  • August 16, 2007

    Plaintiffs Must Prove EEOC Filings, Court Rules

    An appeals court has tossed a Title VII lawsuit filed by ex-employees at a clinic, finding that it was the plaintiffs' responsibility to prove that they had submitted charges against their employer in the state civil rights office—a claim they could not back up with records.

  • August 15, 2007

    Cos. At Fault For Leaky Plutonium Plant: Court

    In the decades-long litigation over radiation from a defunct Washington state outpost of the Manhattan Project, the Ninth Circuit on Tuesday handed down an opinion that was a blow to defendants like E.I. Dupont de Nemours & Co. and General Electric Corp.—and a boon to some residents who said the leaky plant had made them ill.

  • August 15, 2007

    FedEx Drivers Are Employees: Court

    In an opinion that could affect the employee classification suits against the package delivery service that have been cropping up nationwide, a California appeals court has upheld a ruling that FedEx Ground Package System Inc. drivers are indeed employees.

  • August 15, 2007

    Appeals Court Overturns Food Pricing Decision

    Reversing a district court ruling, an appellate court reinstated claims brought by a food distributor against two food service companies that they engaged in discriminatory pricing in violation of the Robinson-Patman Act.

  • August 15, 2007

    Teva Appeals Plavix Ruling To Federal Circuit

    Teva Pharamaceuticals USA Inc. has challenged a judge's decision blocking the generic drug maker from horning in on the market for the blockbuster blood-thinning drug Plavix, in a case in which Teva agreed to be bound by the same judge's ruling on a challenge to Sanofi's Plavix patent by Apotex in a separate case.

  • August 13, 2007

    Court Greenlights Ranch's Suit Against Duke

    Duke Energy Field Services Inc. was dealt a blow when a federal appeals court rejected the preclusion argument that had won it two summary judgments in its long-running pipeline permit dispute with an Oklahoma rancher, giving the ranch the go-ahead in its suit over a leaky line.

  • August 13, 2007

    Court Greenlights FLSA Suit Against Wachovia

    A California appellate court agreed with a state trial court Friday, ruling that class action wage-and-hour claims brought against Wachovia Securities LLC could be litigated before the lower court.

  • August 13, 2007

    AWP Defendants Pressure Judge To Rule On Damages

    Following a June ruling that AstraZeneca, Bristol-Myers Squibb and Schering-Plough Corp. had inflated average wholesale prices for drugs, the pharmaceutical companies have asked that final judgment regarding damages be rendered posthaste so they can file a swift appeal.

  • August 10, 2007

    Baycol Plaintiffs Seek Appeal Of Testimony Exclusion

    The plaintiffs in the vast multidistrict litigation over cholesterol-lowering drug Baycol are lashing out at a federal judge's order granting the requests of Bayer AG and GlaxoSmithKline to exclude certain testimony of ten proposed expert witnesses presented by the plaintiffs.

  • August 10, 2007

    Morgan Stanley's Arbitration Appeal Rebuffed

    A federal appeals court has rejected Morgan Stanley's plea for the reversal of a termination award granted to one of the financial giant's former stars, dismissing allegations of misconduct on the part of the arbitration panel.

  • August 10, 2007

    Appeals Court Tosses Applicant's Discrimination Suit

    An appeals court has affirmed a lower court decision dismissing a suit brought by a man who alleged he was passed over for the president position at Des Moines Area Community College because he was black.

  • August 10, 2007

    Court Upholds $10M Award Against Lehman

    Investment bank Lehman Brothers Inc. must fork over more than $10 million to five investors after losing its appeal against an arbitration ruling in a case stemming from a massive fraud masterminded by a stockbroker.

  • August 10, 2007

    Leegin Hit With Antitrust Suit Again

    Not two months after the Supreme Court ruled that minimum retail price standards are not per se illegal under the Sherman Act, a class has sued Leegin Creative Leather Products Inc. for setting minimum retail price standards-—the same manufacturer at the center of the High Court case.

  • August 9, 2007

    Court Nixes Boston Scientific's Bid For Lumen Patent

    An appeals court on Wednesday denied Boston Scientific Scimed Inc.'s bid to claim patent rights over a prosthetic device, called a lumen, manufactured by medical technology company Medtronic Inc., upholding a district court's summary judgment from last year.

  • August 9, 2007

    NASD Arbitrators Scolded In Age Discrimination Case

    A federal appellate court starkly asserted its power over arbitration proceedings Tuesday, vacating an arbitration panel's determination of attorneys' fees for being too low in a case in which the panel had found that age had been a factor in the plaintiff's firing.

  • August 9, 2007

    Local Union Fees Can Fund National Litigation: Court

    The First Circuit ruled on Wednesday that a local chapter of a union can use fees it collects from nonmembers to pay for litigation involving its national affiliate.

  • August 9, 2007

    Appeals Court Vindicates Sanctioned Attorneys

    Two attorneys who defended Ford Motor Co. in a products liability suit brought by a woman who had an accident while driving an Explorer SUV will not have to pay a $14,655 penalty, after an appeals court ruled the lower court had abused its discretion in imposing the fine.

  • August 9, 2007

    Strand Board Case Survives Motion To Dismiss

    A judge ruled last Friday that the plaintiffs in a class-action lawsuit alleging price-fixing in the oriented strand board market have satisfied the pleading standard in the Supreme Court's recent Twombly decision, meaning the case will go ahead as scheduled.