Appellate

  • August 17, 2007

    Travelers Can't Sue Co-Fiduciary: Court

    An appeals court ruled on Wednesday that Travelers Casualty and Surety Company of America, which was found to have breached its fiduciary duties under the Employee Retirement Income Security Act in a separate case, could not sue its co-fiduciary Iowa Automobile Dealers Association Services Inc. for contributing to the breach.

  • August 16, 2007

    ConAgra Loses Appeal Over Furr's Avoidance Action

    Con Agra Foods Inc. will have to give liquidated supermarket chain Furr's Supermarkets Inc. over $2.3 million of transfers and pay prejudgment interests on the recovered amounts, after bankruptcy judges tossed out its appeal on Wednesday.

  • August 16, 2007

    Biomet Takes Surgical Screws Suit To Supreme Court

    A subsidiary of medical device maker Biomet has asked the U.S. Supreme Court to hear a long-running patent infringement suit against Medtronic Sofamor Danek Inc., after losing a high-stakes appeal earlier this year

  • August 16, 2007

    Plaintiffs Appeal $100M AmEx Settlement

    Several putative class members in a securities lawsuit against American Express Co. have launched a legal crusade against a $100 million settlement deal that was brokered in July.

  • August 16, 2007

    Thomson Revives V-Chip Patent Suit

    Electronics maker Thomson Inc. has renewed its fight against claims that it infringes patents purportedly covering “V-chip” adult content censoring technology after a federal appeals court ruling opened the way for a lawsuit.

  • August 16, 2007

    Unions Ask Court To Freeze Dana Appeal

    Optimistic that the unions and Dana will stick to their new pact, attorneys for two labor organizations have asked a judge to temporarily suspend an earlier appeal, triggered by the bankruptcy court's decision to sign off on the supplier's bid to modify its employment agreements.

  • August 16, 2007

    New Orleans D.A. Loses Racial Bias Appeal

    In a unusual case of reverse discrimination, a federal appeals court has upheld a lower court decision that found New Orleans district attorney Eddie Jordan guilty of illegally terminating a group of white employees on the basis of race.

  • August 16, 2007

    Court Upholds Ex-Impath President's Conviction

    An appellate court has upheld the conviction of the former president of Impath Inc., who federal prosecutors are still hoping to jail for life on alleged securities fraud charges that led to the cancer company's bankruptcy and liquidation.

  • 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.