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High Court Will Not Review ERISA Preemption Case
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 25 denied a health insurance company's petition seeking review of a Fifth Circuit U.S. Court of Appeals ruling that the Employee Retirement Income...
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High Court Will Not Consider ERISA Misrepresentation Case
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 19 denied review of a Sixth Circuit U.S. Court of Appeals ruling that 225 current and former employees of United States Steel Corp. (U.S. Steel) may...
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Federal Circuit Reverses Indirect Infringement Holding In Patent Case
WASHINGTON, D.C. - Citing its recent en banc ruling in Akamai Technologies Inc. v. Limelight Networks (692 F.3d 1301 $(Fed. Cir. 2012$)), the Federal Circuit U.S. Court of Appeals on March 13 vacated...
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Generic Labels Must Reflect Current FDA Labeling Rules, D.C. Circuit Court Says
WASHINGTON, D.C. - A generic drug's label must reflect the Food and Drug Administration's current labeling requirements and not those found on the label of the "listed" drug on which it is based, a...
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Hostess Unions Object To Asset Sale, Say Terms Violated, Jobs Not Preserved
NEW YORK - Two unions filed a brief in the U.S. Bankruptcy Court for the Southern District of New York on March 12 objecting to the sale of certain assets by bankrupt Hostess Brands Inc. on grounds...
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Judge Denies Dismissal Of Action Against Insurer For Property Damage Claims
PHOENIX - An Arizona federal judge on March 12 declined to dismiss a condominium association's coverage action against an insurer regarding the insurer's duty to defend against property damage claims...
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Judge: Fact Issue Exists Whether Flood Was In Progress When Policy Was Issued
HELENA, Ark. - A material fact remains in dispute regarding whether the White River, Ark., flood was in progress when an insured was issued her federal flood insurance policy, an Arkansas federal judge...
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Australian High Court Rejects Chinese Company's Arguments On Jurisdiction
CANBERRA, Australia - An Australia court on March 13 dismissed an application filed by a Chinese air conditioning company in relation to the enforcement of an arbitral award issued against it and in...
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Judge Says Contract Does Not Compel Arbitration Of Claims
KANSAS CITY, Kan. - A Kansas federal judge on March 12 refused to order a dispute alleging unfair competition or violation of the Kansas Uniform Trade Secret Act (KUTSA) stemming from a stock purchase...
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Federal Judge Declines Jurisdiction Over Suit Stemming From Foreclosures
SPARTANBURG, S.C. - A putative class action suit alleging unfair trade practices in the marketing and execution of residential mortgages that went into foreclosure has been dismissed by a South...
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Bankruptcy Judge OKs Tribune Liquidation Of Retiree Claims For More Than $12.12M
WILMINGTON, Del. - The bankruptcy judge presiding over the Chapter 11 bankruptcy of Tribune Co. on March 12 issued an order permitting Tribune to liquidate 86 claims brought by retirees of the company...
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Motion To Compel Altered By Nevada Federal Magistrate Judge In Patent Dispute
LAS VEGAS - A Nevada federal judge on March 11 adopted in part a federal magistrate judge's order compelling a patent infringement plaintiff to produce certain unredacted documents (Ferring B.V. v....
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Judge: Lease Agreement Requires Company To Indemnify Exxon Mobil For Cleanup
PORTLAND, Ore. - A federal judge in Oregon on March 11 granted in part Exxon Mobil Corp.'s motion for summary judgment in a cleanup action brought against it under the Oregon Hazardous Waste Act after...
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Federal Judge Says Class Is Premature Over Unsolicited Fax
MINNEAPOLIS - Class certification has been denied as premature in a suit alleging that an unsolicited fax violated the Telephone Consumer Protection Act (TCPA), but a Minnesota federal judge on March...
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Failure To Update Generic Metoclopramide Label Not Preempted, 6th Circuit Says
CINCINNATI - A plaintiff's claim that PLIVA Inc. failed to add a 2004 warning from the Reglan label to its label for generic metoclopramide is not preempted, a panel of the Sixth Circuit U.S. Court of...
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Panel: Attorney Liable For Attorney Fees, Costs In Debt Collection Lawsuit
DENVER - A federal district court did not abuse its discretion in granting a debt collector attorney fees and costs because a consumer's attorney should have realized prior to bringing the claim to...
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Federal Circuit Upholds Verdict, Damages In Power Converter Case
WASHINGTON, D.C. - A Texas federal judge properly found infringement by nine power converter manufacturers, the Federal Circuit U.S. Court of Appeals ruled March 13 (SynQor Inc. v. Artesyn Technologies...
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Judge Stays Cleanup Suit While Government Determines Total Cost
ST. LOUIS - A federal judge in Missouri on March 11 stayed a Comprehensive Environmental Response, Compensation, and Liability Act suit brought by Asarco LLC seeking contribution and recovery of moneys...
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Google Denied Transfer To California In Street View Patent Case
ALBANY, N.Y. - Allegations that Google Inc. infringed, directly and indirectly, eight patents relating to a popular mapping feature will proceed in a New York federal court, a federal magistrate judge...
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Copyright Claims To Proceed In Dispute Over Educational Website
TRENTON, N.J. - A New Jersey federal judge on March 13 refused to dismiss allegations of copyright infringement levied in connection with an interactive social studies website (Christopher D. Bradshaw...
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