The Second Circuit on Wednesday vaporized a pharmaceutical executive’s felony convictions for importing and selling unapproved prescription drugs, saying a judge improperly blocked testimony about legal advice that purportedly greenlighted the sales.
The D.C. Circuit on Tuesday declined to revive a proposed class action, brought by descendants of slaves held by Native American tribes, claiming the U.S. Department of the Interior owes them royalties from land granted to their ancestors, agreeing with a lower court that alleged injuries to their relatives aren’t enough to give them standing.
An attorney for physical therapy company OptimisCorp argued on appeal Wednesday before a Delaware Supreme Court panel that the Chancery Court made mistakes of fact and law in a decision that awarded a former officer $2 million for attorneys' fees in a company control fight.
A Florida appeals court on Wednesday affirmed that the Fraternal Order of Police, Miami Lodge No. 20 cannot pursue damages for members in a dispute over the city of Miami's 1994 sergeants' exam, because individual members' participation is needed, noting that the issue appeared to be one of first impression.
The Fifth Circuit refused Tuesday to reopen a Mexican national’s deportation case more than two decades after an immigration judge ordered his removal, finding that the man presented no new evidence he had legal permanent resident status at the time of the original ruling.
A Florida appeals court Wednesday reversed nearly $47 million in damages awards against R.J. Reynolds and Philip Morris and ordered new trials in two Engle progeny suits against the tobacco companies.
Prism Technologies LLC shouldn’t be granted U.S. Supreme Court review of a Federal Circuit decision invalidating its patents and rejecting its $100 million infringement lawsuit against T-Mobile because a lower court judge never made a reviewable finding of fact, the wireless company says.
A Florida appeals court on Wednesday revived a suit accusing a physician staffing company of being responsible for the death of a patient due to the allegedly negligent actions of a doctor, saying a previous attorney for the patient’s estate made a legal error that should’ve been allowed to be corrected.
A coalition of power producers on Tuesday told the Seventh Circuit that the effort by Illinois to prop up two struggling Exelon Corp. nuclear power plants is an overreach of authority reserved for the Federal Energy Regulatory Commission, adding that Supreme Court precedent showed the state went too far.
Oklahoma Surety Co. is still on the hook for roughly $1 million in damages for denying coverage to a general contractor over a shoddy workmanship suit after the Fifth Circuit on Tuesday affirmed a lower court’s ruling that found the insurer had breached its duty to defend.
Climate change played a starring role in major energy rulings this year, as courts ordered the Federal Energy Regulatory Commission to more closely study pipeline greenhouse gas emissions, backed states' use of nuclear plant subsidies to decrease GHG emissions and thwarted the Trump administration's efforts to roll back climate-friendly energy and environmental regulations finalized during the Obama administration. Here are the biggest energy-related rulings from 2017.
A Florida appeals court on Wednesday affirmed a lower court's decision blocking Miami Beach's proposed minimum wage increase, saying a 2004 voter-approved amendment to the state constitution doesn’t nullify a 2003 state statute that prohibits municipalities from adopting their own wage floors.
A judge who tossed a consumer protection investigator’s whistleblower lawsuit against Atlantic County didn’t need to recuse himself from the case due to his former firm’s past representation of the county, a New Jersey appeals court ruled Wednesday.
The Ninth Circuit ruled Tuesday that automaker Subaru’s “Share the Love” slogan didn't infringe a California woman’s “A World of Love, for You and Those You Love” trademark, concluding that the only similarities between the two phrases was the generic word “love.”
The Senate on Wednesday confirmed Texas Supreme Court Justice Don Willett to the Fifth Circuit, in a sharply divided vote, sending the Lone Star State's "Twitter laureate" to the federal bench.
A marketing firm urged the Sixth Circuit on Wednesday to reconsider its decision that a blogger who had posted the entirety of a copyrighted textbook to his site may continue to remain anonymous if unmasking might chill otherwise protected speech, arguing that allowing an anonymous infringer to be protected under the First Amendment would create an “unprecedented, favored class of wrongdoers.”
The Pennsylvania Supreme Court on Wednesday turned down an appeal of a decision upholding the dismissal of a lawsuit alleging that the Pfizer Inc. antidepressant Zoloft caused birth defects in an Illinois child.
LinkedIn continued its push to have the Ninth Circuit eliminate an injunction that’s allowed a startup company to continue scraping data from public profiles on its website, telling the appellate court it has every right to revoke another company’s access if its policies are violated.
Bolstered by a filing from an insurance industry trade group, Travelers urged the Sixth Circuit on Tuesday to uphold a lower court's ruling that a tool manufacturer's computer fraud policy doesn't cover $800,000 it lost when thieves posing as a vendor used fraudulent emails to deceive it into wiring money to a sham bank account.
An Indiana appeals court on Wednesday revived a suit brought by a patient against the doctor she claims bungled a spinal fusion surgery, ruling that the patient took reasonable steps to uncover the source of her back pain and that the suit was therefore not blocked by the statute of limitations.
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.
Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.
Monday's oral arguments at the U.S. Supreme Court in SAS Institute v. Matal provided two examples of how the decision might change current inter partes review practice, says Benjamin Haber of Irell & Manella LLP.
Based on U.S. Supreme Court arguments Tuesday in Digital Realty Trust v. Somers, corporate whistleblowers are headed back to a world in which their main protection against retaliation will be the stalwart Sarbanes-Oxley Act, says Scott Oswald of The Employment Law Group PC.
The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.
The U.S. Supreme Court recently declined to take up Sprint’s appeal, upholding Prism’s patent damages award. Here, Karen Romrell of Hampton IP & Economic Consultants LLC discusses various aspects of prior licenses and settlement agreements as set forth in Prism v. Sprint, along with other court decisions, to assist damage experts in determining a reasonable royalty.
The Federal Circuit's recent decision in Sanofi v. Watson confirmed that the overall content of a generic drug manufacturer’s labeling, as well as real-world evidence of physician practices, inform the induced infringement analysis in Hatch-Waxman cases, say attorneys with Paul Hastings LLP.
When I first argued Roe v. Wade before the U.S. Supreme Court, I was told I was believed to be the youngest person ever to argue there. I was 26, says Sarah Weddington, founder of the Weddington Center.
When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.
Has the latest stratagem of using a Rule 68 offer of judgment in a Fair Labor Standards Act settlement created an alternative to obtaining formal court approval? This question has divided New York federal district courts over the past two years, and it will be resolved when the Second Circuit hears the appeal in Mei Xing Yu v. Hasaki Restaurant, says Nathan Oleson of Akin Gump Strauss Hauer & Feld LLP.
The U.S. Supreme Court is poised to hear argument in Digital Realty Trust v. Somers, but if it decides to strip the protections of employees who report violations of law to in-house managers it will constitute the greatest setback for voluntary compliance programs since they were established in the mid-1980s, says Stephen Kohn of Kohn Kohn & Colapinto LLP.