Hungarian Olympic gold medal swimmer Katinka Hosszu lost a bid to revive a defamation lawsuit against a commentator she alleged had falsely accused her of using performance-enhancing drugs when the Ninth Circuit affirmed the dismissal of the suit on Wednesday.
The Jamestown S’Klallam Tribe and the Port Gamble S’Klallam Tribe urged the Ninth Circuit on Tuesday to rethink a panel decision that reversed a lower court’s ruling that held that the Lummi Nation lacked authority over disputed waters near Seattle.
A California appellate court on Wednesday largely affirmed a trial judge’s finding that California’s Medicaid program is owed a portion of a patient’s $150,000 medical malpractice settlement, rejecting the man's arguments that his case was actually worth $3 million and therefore the state’s calculations were wrong.
A Texas attorney does not need to wait until the IRS assesses the taxability of a financial transaction before defending himself against a malpractice claim that carries a potential liability of about $1.6 million, a Texas appellate panel ruled Tuesday.
The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision invalidating part of a patent for a computer network that Sony Interactive Entertainment America LLC challenged after its PlayStation gaming system was accused of infringement.
The Ninth Circuit affirmed a decision to toss a patent-holding company’s antitrust suit accusing Samsung of conspiring with others to avoid licensing its smartphone patent, rejecting the patent holder’s arguments it had been unlawfully denied royalties.
The Sierra Club will be allowed to refile a suit against the Federal Energy Regulatory Commission aiming to stall construction on the $2.2 billion Nexus pipeline after the nonprofit had to pull its initial petition, the D.C. Circuit said Wednesday.
Orrick Herrington & Sutcliffe LLP's E. Joshua Rosenkranz notched appellate victories for clients this year that included unanimous U.S. Supreme Court wins in a case over whether sheriff's officers used excessive force and a dispute concerning Fannie Mae’s ability to move suits to federal court, earning him a spot as one of Law360’s 2017 Appellate MVPs.
The Fifth Circuit on Monday upheld the conviction of a former information technology manager for violating the Computer Fraud and Abuse Act by engaging in an electronic sabotage campaign against his then-employer, rejecting his argument that his conduct fell outside the statute because his job gave him the authority to access and "damage" the company's computer system.
A Republican political strategist lost her $4 million defamation suit against President Donald Trump on appeal in New York state court Tuesday, as a panel ruled Trump’s tweets saying she “begged” for a job were statements of opinion.
The Rhode Island Supreme Court has affirmed the dismissal of a suit accusing two nurses of medical negligence in connection with a patient's injuries, finding that under state law, a previous settlement with the nurses' health clinic employer shielded its "agents" from liability.
R&L Carriers argued to the Federal Circuit in an opening brief Monday that an Ohio federal court abused its discretion by awarding Qualcomm $1.8 million in attorneys’ fees in the patent infringement case R&L brought against the company after finding the case is exceptional under Octane Fitness.
An en banc Ninth Circuit panel on Tuesday appeared open to reconsidering its 32-year-old ruling that an employer is protected from Equal Pay Act claims if it bases a new hire’s pay entirely on her prior salary, but several judges seemed torn about what rule should replace it.
The Seventh Circuit on Monday upheld a lower court’s decision tossing litigation accusing a Morgan Stanley unit of firing an employee because of her sex and allowing coworkers to mistreat her, concluding that her discrimination claim is speculative and she didn’t sufficiently show a hostile work environment.
The state's highest court has suspended an attorney from practicing law in New Jersey for three years over a series of ethics violations that include lying to disciplinary authorities and a federal bankruptcy court and abusing his attorney trust account to avoid creditors.
The Eleventh Circuit on Tuesday upheld the conviction of the owner of a Miami-area consulting and staffing company who was sentenced to five years in prison for his role in a $2.3 million Medicare fraud scheme that saw him refer patients to home health care agencies in exchange for kickbacks.
A New York appellate panel on Tuesday affirmed the dismissal of a suit accusing a dentist of botching a woman's root canals, saying the continuous treatment doctrine does not apply to the otherwise untimely suit.
Admiral Insurance Co. need not defend a surrogacy agency in a negligence suit brought by former clients whose surrogate-born daughter developed a rare form of eye cancer, as the agency failed to disclose the claim on its policy application, according to a California appellate opinion filed Tuesday.
An attorney for a whistleblower told the Second Circuit Tuesday that his client was an “original source” under the False Claims Act, because he showed Amgen Inc. knew it falsely promoted quality of life benefits for its anemia biologic Epogen.
The full Fourth Circuit on Tuesday summarily rejected an investor’s bid to reconsider its decision not to resuscitate a securities fraud case against PowerSecure International Inc. and its CEO, leaving shareholders who blamed the company when its stock price tanked with little recourse.
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 relatively few courts to have considered the question of common law "reverse bad faith" have ruled against recognizing this action. However, an insurer may have a few arrows in its quiver to use when forced to defend against a fraudulent claim or an insured's filing of a frivolous bad faith action, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.
Before dismissing the Palin v. New York Times defamation lawsuit, a New York federal judge sought context for the complaint by calling for an op-ed author’s testimony in what appears to be the first-ever Iqbal hearing. If upheld on appeal, this has the potential to transform Rule 12(b)(6) motion practice, in defamation pleadings and beyond, says David McTaggart of Duane Morris LLP.
The Federal Circuit recently explored its "mixed claim" precedent in Mastermine v. Microsoft. The overarching lesson from these decisions is that system claims that include limitations defining a method step, rather than a functional capability of the system, may be susceptible to definiteness challenges, say Joseph Loy and Justin Bova of Kirkland & Ellis LLP.
On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.
In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)
The New Jersey Supreme Court recently ruled that certain claims under the state's Truth-in-Consumer Contract, Warranty and Notice Act could not be certified. But the court left other TCCWNA issues to be decided another day. Its forthcoming decision in Spade v. Select Comfort Corp. may provide answers to those remaining questions, say attorneys with K&L Gates LLP.
Many directors and officers insurance policies purport to insure the fees and costs companies incur in responding to government investigations. However, a recent Tenth Circuit decision in MusclePharm v. Liberty Insurance Underwriters calls into question the scope of such coverage, say attorneys with Reed Smith LLP.
With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.
The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.
When are employers themselves legally liable for acting on a supervisor’s illegally motivated recommendations? Recently, the First Circuit, in Saunders v. Town of Hull, offered much-needed clarification about when a government entity runs afoul of the law in this way, says John Calhoun of Choate Hall & Stewart LLP.