The U.S. Supreme Court on Tuesday ruled that state courts can continue to hear certain securities class actions brought under federal law, delivering a blow to underwriters and newly public companies that argued such claims belong only before federal judges.
The Massachusetts high court’s ruling that Merck & Co. and other name-brand drugmakers can be liable under state law for mislabeled generics as long as consumers claim that a company acted recklessly in not updating the drug’s label opens up a new path for consumers to bring claims against brand manufacturers in the state.
A Florida woman is urging the state's highest court to reverse a precedent-setting appeals court decision that said she could not invoke an attorneys' fees provision after prevailing in a foreclosure suit because the noteholder failed to establish standing, arguing that position encourages wrongful actions.
A Kentucky appeals panel found that the son of a woman who died in a health care facility could pursue his wrongful death suit against the facility and its staff rather than being bound by an arbitration agreement because it was signed by the woman's daughter, who had no authority as her power of attorney.
Canada pressed the First Circuit on Monday to affirm that its foreign consulate in Boston should be free to operate its own benefit programs outside of Massachusetts state law.
New Jersey’s longest-serving U.S. Attorney in five decades, Paul J. Fishman, is taking his 35 years of experience on both sides of the private-public fence to Arnold & Porter’s crisis management and strategic response team, the firm announced Monday.
A citizens group urged a California appeals court Monday to revive its suit contending Apple, Google, Samsung and Microsoft must warn consumers about the dangers of using smartphones while driving, but found little traction for the proposition that companies are responsible for warning against illegal use of their products.
The federal government and a pair of ranch advocate groups voiced their opposition on Friday to a D.C. Circuit challenge brought by organizations representing foreign-born shepherds that claim the government is illegally issuing the shepherds H-2A nonimmigrant temporary work visas even though their work is more permanent.
Following a rebuke from the Federal Circuit, Judge Rodney Gilstrap of the Eastern District of Texas has awarded Newegg Inc. $565,000 in attorneys' fees for the online retailer's victory in a patent suit brought by a nonpracticing entity.
Dominion Energy Services on Monday urged a D.C. Circuit panel to overturn a Federal Energy Regulation Commission decision denying it cost-sharing payments for two high voltage energy projects, saying the decision allows other energy providers to “free ride” off regional benefits from the projects.
Culver City, a Santa Monica civic group and local residents told the D.C. Circuit on Friday that the Federal Aviation Administration did not adequately assess noise, air pollution and other environmental factors before implementing new flight paths for Southern California airports as part of its air traffic control modernization program.
A New York state appeals court found Friday that a health and safety inspection company must cover the cost of a settlement in a suit over a hazard it allegedly missed that led to the death of a factory worker, despite not being the company that delivered the final report.
A U.S. Tax Court ruling denying a Connecticut woman's bid to reclaim her overpayment in a case of first impression led to an “absurd” result and must be overturned, according to an amicus brief filed in the Second Circuit Friday by two tax professors.
The New Jersey Appellate Division on Monday refused to revive a product liability case alleging a medical mesh caused a host of complications for a hernia patient, ruling the patient’s expert witnesses couldn’t prove the product caused the problems.
New York state environmental regulators urged the U.S. Supreme Court not to review the state's denial of a water permit for a $683 million gas pipeline project, saying that developer Constitution Pipeline Co. LLC is misreading the Second Circuit's decision backing the permit denial.
The U.S. Supreme Court on Monday decided not to take up a Japanese airline’s challenge to a Ninth Circuit ruling that allowed a price-fixing suit to proceed against it, setting the stage for All Nippon Airways to duke it out with consumers before a jury this summer.
The U.S. Department of the Treasury urged the Fifth Circuit in an appeal filed Friday to resurrect a temporary rule invalidated by a Texas federal court after it sank a planned $160 billion merger between Pfizer Inc. and Irish counterpart Allergan PLC, saying that it had fulfilled its obligations in promulgating the rule.
The Federal Circuit on Monday upheld a Patent Trial and Appeal Board ruling that a claim of an Acceleron computer network patent challenged by Dell is not invalid, rejecting Dell’s position that a prior decision required the board to consider an argument it raised late in the case.
Illumina Inc. asked a California federal judge to permanently stop Roche’s Ariosa Diagnostics Inc. from using its patents for prenatal testing technology, arguing in a filing on Friday that Ariosa’s parent company’s clout could tarnish Illumina’s testing reputation irreparably.
Allergan and the Native American tribe that acquired patents for the drug company's Restasis medication urged the Federal Circuit on Friday to stop the Patent Trial and Appeal Board’s review of the patents, days after generic-drug makers ripped their claims of immunity as “manipulative.”
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.
In Smith v. Altisource, the Sixth Circuit recently held that a party seeking to enforce arbitration cannot prevail merely because the arbitration itself is ambiguous and broadly drafted. Instead, a court must determine whether the arbitration clause can "fairly be read to cover" the dispute in question, say Daniel Winston and John Calhoun of Choate Hall & Stewart LLP.
The U.S. Supreme Court's recent decision in CNH Industrial v. Reese, reaffirming that collective bargaining agreements must be construed according to ordinary contract principles, shows that the court will brook no outliers with respect to the mandatory application of traditional rules of contractual interpretation, say attorneys with Epstein Becker Green.
The D.C. Circuit recently denied petitions for rehearing filed by the Federal Energy Regulatory Commission and a group of pipeline companies, and might soon vacate FERC’s orders authorizing the Florida Southeast Connection pipelines. FERC and the pipeline operators face the question of how and whether the pipelines could keep operating without certificates, says Randall Rich of Pierce Atwood LLP.
The U.S. Supreme Court may soon revisit a seminal decision on products liability law for pharmaceutical manufacturers. If the court grants Merck & Co.'s request for certiorari in Fosamax, it could signal that lower courts, as well as branded manufacturers, will finally receive guidance on Levine’s "clear evidence" standard, say attorneys with Morrison & Foerster LLP.
As technology has evolved to make telecommuting possible in more types of jobs, so too has the answer to the question of whether it's a reasonable accommodation under the Americans with Disabilities Act. However, as demonstrated by two recent Sixth Circuit decisions, at least one pattern can be discerned in these types of cases, say Alexis Ronickher and Mehreen Rasheed of Katz Marshall & Banks LLP.
Regulating cannabis raises California Environmental Quality Act review obligations of unprecedented scale. Focusing primarily on commercial cannabis cultivation, Tyler Welti of Venable LLP looks at some emerging CEQA risks facing both cannabis businesses seeking permits and public agencies seeking to permit or ban commercial cannabis.
If the U.S. Supreme Court decides in Oil States v. Greene’s that the inter partes review process is unconstitutional, how will it affect the thousands of concluded and pending IPRs, and the constitutionality of other post-grant challenge procedures? The briefing filed in the follow-on petitions provides a good preview of the legal issues that lay ahead, say Douglas Salyers and Lauren Ulrich Baker of Troutman Sanders LLP.
Most of the commentary surrounding the U.S. Supreme Court American Express case has focused on the standards and analysis to be applied in so-called “two-sided market” cases. But those questions are merely symptoms of a greater malady — the “rule of reason” analysis that has come to govern most antitrust cases, says Randy Gordon of Crowe & Dunlevy.
The Federal Communications Commission's regulatory treatment of voice over internet protocol services appears to clash with standards set by recent court decisions. Given that the use of VoIP services will only increase, the FCC should impose a more consistent and practical rule, says Eduardo R. Guzmán of Squire Patton Boggs LLP.
During oral arguments in Janus v. AFSCME, the U.S. Supreme Court justices peppered counsel on both sides with questions about the First Amendment and the possible impacts of eliminating union agency fees. Notably, Justice Neil Gorsuch, who is expected to cast the deciding vote, did not ask a single question, say attorneys with Ballard Spahr.