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Massachusetts

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    DOJ Asks High Court To Curb Discovery In Census Challenge

    The federal government asked the U.S. Supreme Court to shield several high-ranking government officials from court orders forcing them to answer questions about the decision to add a citizenship question to the 2020 census, telling the justices that the expanded discovery is unconstitutional as well as arbitrary and capricious.

  • October 4, 2018

    Athena Asks Fed. Circ. To Revive Nixed Biotech Patent

    Athena Diagnostics and Oxford University Innovation Ltd. on Thursday asked a Federal Circuit panel to revive their patent for a test that diagnoses an autoimmune disease based on the presence of certain antibodies, saying a lower court erred in finding the patent covered an ineligible law of nature.

  • October 4, 2018

    Gold Medal Bakery Defends Post-Surgery Firing

    Bread-maker Gold Medal Bakery argued in Massachusetts federal court Thursday that it had the right to fire a supervisor, now suing the company for $2 million, who did not return to work after a 12-week leave for knee surgery.

  • October 4, 2018

    Senate Dems Seek To Boost Native American Voter Turnout

    A bill introduced by Sen. Tom Udall, D-N.M., the vice chairman of the Senate Committee on Indian Affairs, and several of his Democratic colleagues aims to remove potential barriers to election participation for Native Americans they argue have been exacerbated by the Supreme Court's overturning of a section of the Voting Rights Act.

  • October 3, 2018

    DOJ Charges UK Man In $164M Securities Scheme

    The head of what federal authorities say was a sham Swiss asset management firm whose many international market manipulation schemes netted nearly $165 million was arrested in Boston Wednesday on securities fraud charges, officials announced.

  • October 3, 2018

    CFTC Official Lauds Ruling Putting Crypto Under Its Purview

    An official at the U.S. Commodity Futures Trading Commission on Wednesday praised a Massachusetts federal court decision in a fraud case that bolsters the agency’s ability to prosecute cryptocurrency fraud.

  • October 3, 2018

    Merrimack Loan Fraud Coverage Dispute Sent To Arbitration

    An insurance dispute over losses suffered by Merrimack College from an employee’s $6 million fraudulent student loan scheme is headed to arbitration, a Massachusetts federal judge ruled Tuesday after the college disputed a forensic accountant’s assessment of the coverage.

  • October 3, 2018

    Supreme Court Hears Trucker's Take On Arbitration Limits

    The U.S. Supreme Court heard a truck driver's arguments Wednesday that Congress had the foresight in the 1920s to prohibit commerce employers such as New Prime Inc. from forcing independent contractors, like all other cross-border workers, into arbitration.

  • October 3, 2018

    Claims Co. Can't Duck Row Over Lowball Offer, 1st Circ. Told

    The estate of a woman who died in a nursing home has urged the First Circuit to reinstate a Massachusetts federal court's initial finding that an insurance claims administrator’s $2 million settlement offer wasn’t reasonable or timely, arguing that it was too small and too late to satisfy consumer protection laws.

  • October 3, 2018

    Cisco, MIT Team Up To Improve Search For Prior Art, Patents

    Cisco and the Massachusetts Institute of Technology have created an open archiving platform for prior art related to patents that inventors, patent examiners and others may use for free to research whether existing publications, patents or other materials exist that may lead to the invalidation of a patent or patent application.

  • October 3, 2018

    CRT Indirect Buyers Seek Fee-Share After 9th Circ. Pushback

    Indirect buyers of cathode ray tubes from three states originally excluded — allegedly inappropriately by class counsel — from a $576.8 million bundle of antitrust settlements with technology giants such as Philips, Panasonic and LG may get a cut after all, following pushback from a Ninth Circuit panel in April.

  • October 2, 2018

    Ex-Abbott Researcher Says 'Erroneous' Law Sank FCA Claims

    A former medical science liaison for Abbott Laboratories Inc. refuses to accept that her False Claims Act allegations against Abbott died on anything other than “erroneous” case law, asking a Massachusetts federal judge on Tuesday to pause her case indefinitely until new precedent supports her views.

  • October 2, 2018

    Anti-Monopoly Group Wants 1st Circ. To Rehear Novartis Case

    An anti-monopolization group urged the First Circuit on Tuesday to revive an antitrust proposed class action against Novartis, saying federal judges should not assume that corporations never get away with omitting information from the U.S. Patent and Trademark Office or other agencies.

  • October 2, 2018

    Day Pitney Hires Family Practice Partner For Boston Estates

    Day Pitney LLP has hired an experienced litigator focused on family law to complement one of the largest trusts and estates practices on the East Coast, adding an attorney deeply familiar with Massachusetts probate courts to its team in Boston.

  • October 2, 2018

    1st Circ. Judge Has Harsh Words For Trump In Maria's Wake

    A little more than a year after Hurricane Maria swept through Puerto Rico and the rest of the Caribbean, First Circuit Judge Juan R. Torruella in an interview with Law360 sharply criticized what he felt was an inadequate response to the disaster by the federal government and President Donald Trump's comments disputing the death toll as a result of the storm.

  • October 2, 2018

    Airport Janitor Says He Was Fired For Catholic Observance

    A custodian at Logan International Airport in Boston was taunted, disciplined and ultimately fired in retaliation for praying during breaks and asking not to work on Sundays, according to a complaint filed in Suffolk Superior Court on Tuesday.

  • October 2, 2018

    Cybersecurity Co. Raises $200M In Funding Led By Wellington

    California-based privately held endpoint cybersecurity and systems management company Tanium has raised $200 million in a funding round led by investment management firms Wellington Management, Baillie Gifford & Co. and Adage Capital Management LP, the company said Tuesday.

  • October 1, 2018

    Ex-SAP Sales Rep Wins $662K In Trial On Retaliation Claims

    A Massachusetts federal jury on Friday found that SAP America had shorted one of its former salespeople on his commissions and then fired him for complaining about it, awarding the man $662,200 in damages.

  • October 1, 2018

    Xtampza Not Infringing 2 OxyContin Patents, Judge Says

    An opioid painkiller designed to deter sniffing and injection does not infringe two of Purdue Pharma LP’s OxyContin-related patents, a Massachusetts federal judge has ruled in a victory for Collegium Pharmaceutical Inc. and its two-year-old Xtampza XR.

Expert Analysis

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Opinion

    1st Circ. Eye Drop Decision Gets Preemption Right

    James Beck

    A Massachusetts federal court ruled last year in Gustavsen v. Alcon Laboratories that the plaintiffs’ attacks on the size of eye drops were a challenge to the U.S. Food and Drug Administration's approved dose of that product. Last week, the First Circuit affirmed — proving that weak, lawyer-driven litigation can still produce good decisions on preemption, says James Beck of Reed Smith LLP.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.