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Federal Circuit Says Adverse Inference Sanction Was Erroneous
WASHINGTON, D.C. - A Utah federal judge abused his discretion in granting an adverse inference sanction against ASUSTeK Computer Inc. and Asus Computer International (ASUS, collectively), based on...
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Economic Loss Rule Bars Insurer's Lawsuit Against Contractors, Panel Rules
FRANKFORT, Ky. - The economic loss rule precludes an insurer's recovery lawsuit against contractors for costs it paid for faulty electrical work on behalf of its insured, who was contracted separately...
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2nd Circuit Finds No Error In Imposition Of Dismissal Sanctions
NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 15 upheld a federal judge in New York's decision to impose dismissal sanctions against a pro se plaintiff in a suit brought under Title...
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Illinois Federal Judge Certifies Class Suing Over Faxed Ads
CHICAGO - An Illinois federal judge on March 13 certified a class of recipients of faxed advertisements from a medical billing company that allegedly did not have prior express permission or an...
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Kentucky Panel Affirms Exclusion Of Drug Testimony In Vehicular Manslaughter...
FRANKFORT, Ky. - A trial court properly excluded the state's expert testimony linking a driver's odd behavior following a fatal car accident to narcotics use, a Kentucky Court of Appeals panel held...
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Michigan Panel Affirms Admission Of Brain Surgery Experts In Malpractice Case
LANSING, Mich. - A trial court did not err admitting testimony from two plaintiff experts that a neurosurgeon's conduct before and after a surgery caused a woman's fatal subdural hematoma, a Michigan...
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U.S. Supreme Court Hears Arguments In Case Of Debtor's Alleged Defalcation
WASHINGTON, D.C. - The U.S. Supreme Court on March 18 heard oral arguments in a case involving a bank's claim that a debtor who had acted as trustee for his father's insurance trust acted recklessly...
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Deference To Claim Construction Rulings Will Be Decided On Rehearing
WASHINGTON, D.C. - Two months after finding that an electronic circuit patent is invalid as indefinite, the Federal Circuit U.S. Court of Appeals announced March 15 that it would rehear the dispute en...
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Judge Awards $1,390 In Attorney Fees, Costs In Debt Collection Lawsuit
DETROIT - A federal judge in Michigan on March 17 partially granted a consumer's request for attorney fees and costs in a Fair Debt Collection Practices Act (FDCPA) lawsuit, ruling that the consumer is...
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Mich. Federal Judge Grants Preliminary Injunction In Birth Control Mandate Case
DETROIT - A Michigan federal judge on March 14 granted a preliminary injunction in a suit brought by a property management company and the company's owner challenging a mandate contained in the Patient...
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Missouri Federal Judge Finds State Contraceptive Law Conflicts With Federal Law
ST. LOUIS - A Missouri federal judge on March 14 held that a state law regulating the coverage of contraceptives directly conflicts with the "birth control mandate" contained in the federal Patient...
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OSG Defends Awarding Up To $12.2M In Bonuses, Dismisses U.S. Trustee's Objection
WILMINGTON, Del. - Bankrupt shipping company Overseas Shipholding Group Inc. (OSG) on March 18 defended its request for approval of up to $12.2 million in bonuses for non-executive employees despite...
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Compounding Pharmacy Recalls Products After Fungus Found In Intravenous Solution
ROCKVILLE, Md. - Compounding pharmacy Med Prep Consulting Inc. has issued a nationwide recall of its products after fungus was found in five bags of its magnesium sulfate intravenous (IV) solution, the...
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U.S. High Court: Class Rep's Damages Limit Doesn't Defeat Federal Jurisdiction
WASHINGTON, D.C. - A class representative's stipulation that damages being sought were less than $5 million does not defeat federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous...
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Supreme Court Reverses, Says First Sale Doctrine Applies In Copyright Case
WASHINGTON, D.C. - A student accused of copyright infringement prevailed March 19 at the U.S. Supreme Court, which held in a divided ruling that the first sale doctrine applies to lawfully made works...
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Mistrial Declared In 1st Fosamax Femur Fracture Trial Due To Plaintiff Illness
ATLANTIC CITY, N.J. - A New Jersey state court judge on March 18 declared a mistrial in the first trial concerning a femur fracture allegedly caused by Fosamax after the plaintiff suffered a "serious...
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Federal Judge Approves TD Bank's $62M Settlement In Overdraft Litigation
MIAMI - A federal judge in Florida on March 18 approved TD Bank NA's $62 million settlement that will allow the bank to exit a multidistrict litigation in which class members allege that several banks...
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Employers' Liability Exclusion Endorsement Is Enforceable, 5th Circuit Affirms
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 18 affirmed a lower court's finding that a 2003 insurance policy's employers liability exclusion endorsement precludes the insurer's duty...
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7th Circuit Upholds Ruling Denying Sanctions For Loss Of Surveillance Video
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on March 15 affirmed a federal judge in Wisconsin's decision to deny an inmate's request for spoliation sanctions over three corrections...
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Supreme Court Declines Review Of Medicare Reimbursement Suit
WASHINGTON, D.C. - The U.S. Supreme Court on March 18 denied a petition for writ of certiorari brought by psychiatric providers alleging that they were not fully reimbursed for services provided to...
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