Legal Book » federal-judge

Before Retiring His Robes, Judge Holwell Denies Appellate Bid by Vivendi Shareholders

admin — Thu, 09 Feb 2012 06:37:51 +0000

Thanks to a ruling this week by a Manhattan federal judge who will soon leave the bench for private practice, Vivendi shareholders will have to wait a while to argue to the 2nd Circuit that their securities claims against the company never should have been dismissed on Morrison grounds.Related story: N.Y.

Dukes Doesn’t Bar Class Action over Bayer Vitamin Sales, Judge Rules

Master — Thu, 09 Feb 2012 02:45:58 +0000

A California federal judge has certified a statewide consumer class action against Bayer over health claims the company made for its men’s multivitamins, rejecting arguments by Bayer’s lawyers that the class claims couldn’t survive the U.S. Supreme Court’s Wal-Mart v. Dukes decision.

Federal Judge Orders Release of Ted Stevens Prosecutorial Misconduct Report

Master — Wed, 08 Feb 2012 21:51:48 +0000

The federal judge who presided over the Ted Stevens prosecution in Washington, D.C., today ordered the public release of a lengthy investigation of the prosecutorial misconduct that doomed the high profile corruption case. The 500-page report is scheduled to be released to the public on March 15.

Defendant’s Death Is No Deterrent to SEC Disgorgement Claim in Insider Trading Case, Judge Rules

Master — Thu, 02 Feb 2012 07:40:29 +0000

A federal judge has ruled that the SEC could substitute the executor for the estate of Charles Wyly Jr. in an insider trading case against the now-deceased billionaire

Citing Morrison (and Surprising No One), N.Y. Judge Tosses Securities Claims by Individual Vivendi Shareholders

admin — Thu, 02 Feb 2012 07:40:25 +0000

A federal judge has dismissed individual investors’ securities claims against Vivendi related to ordinary shares they purchased on the Paris Bourse, finding that the claims are barred by the U.S. Supreme Court’s Morrison decision

Judge Orders Plaintiffs Lawyers in Bear Stearns Securities Case to ID Confidential Witnesses

Master — Wed, 01 Feb 2012 07:49:50 +0000

A group of confidential witnesses cited in a securities class action complaint against Bear Stearns isn’t going to be confidential for much longer.

State Panel Adopts ‘Zubulake’ in Faulting Handling of E-Mails

Master — Wed, 01 Feb 2012 07:49:43 +0000

EchoStar failed in its duty to preserve relevant emails leading up to a $2.5 billion contract dispute, an appellate panel has ruled, becoming the first New York state appeal court to apply the standard for spoliation of electronic evidence set forth in 2003 by a New York federal judge in Zubulake.

Insurers fail to slip the hook for MGA’s Bratz litigation costs

admin — Wed, 01 Feb 2012 07:49:43 +0000

A federal judge has rejected motions by Evanston Insurance and its parent corporation, Markel Corp., to toss MGA Entertainment’s attempts to force them to pay its legal costs for the past two years of its battle against Mattel over copyrights to the Bratz dolls.

Transocean Wins Indemnification from BP for Gulf Oil Spill – Could Halliburton Be Next?

admin — Tue, 31 Jan 2012 07:15:16 +0000

BP suffered a big blow when a federal judge said it owed indemnification to Transocean for any compensatory damages that might arise from the Deepwater Horizon oil spill two years ago. Will BP now suffer the same fate with the other rig-operator at the center of the disaster, Halliburton?

Discrimination Suit Against Mayer Brown Can Proceed, Judge Rules

admin — Tue, 31 Jan 2012 07:15:12 +0000

A federal judge has ruled that a lawsuit brought by a former Mayer Brown associate, in which she claims the firm fired her because she is black, can proceed. At the same time, the judge cleared the way for counterclaims that accuse the associate of improperly taking confidential documents prior to her departure from the firm.

Judge Certifies Shareholder Class in Sallie Mae Student Lending Case

Master — Thu, 26 Jan 2012 19:39:10 +0000

A federal judge has certified a class of Sallie Mae shareholders in a suit claiming the lender misled investors, rejecting arguments that the lead plaintiff “undermined its credibility and ability to represent the class” by “markedly overstating” its claimed losses.

Judge Certifies Shareholder Class in Sallie Mae Student Lending Case

Master — Thu, 26 Jan 2012 19:39:10 +0000

Judge Knocks Out Two J&J Patents in the Never-Ending Stent Wars

admin — Wed, 25 Jan 2012 07:59:51 +0000

In the ongoing stent patent litigation wars, a New Jersey federal judge has dismissed infringement claims that Johnson & Johnson and its partner Wyeth brought against Abbott Laboratories, Medtronic and Boston Scientific. The judge invalidated the two patents at issue on “written description” grounds.

Legal Fee Approved Despite Small Award

Master — Wed, 25 Jan 2012 07:59:47 +0000

A woman who sued the management of a housing development, alleging that one of its private police officers used excessive force in arresting her, is entitled to almost $89,000 in legal fees and expenses even though she won a judgment of only $500, a New York federal judge has ruled.

Cold Spring Harbor’s malpractice suit against Ropes & Gray survives dismissal motion

admin — Thu, 19 Jan 2012 20:10:02 +0000

A Boston federal judge has denied motions by Ropes & Gray and former partner Matthew Vincent to dismiss a malpractice case based on Cold Spring Harbor Laboratory’s claims that they mishandled patent applications at the U.S. Patent and Trademark Office.

Judge’s Ruling in Malpractice Suit Tied to Starr Ponzi Scheme a Mixed Bag for Winston

Master — Thu, 19 Jan 2012 20:10:00 +0000

A New Jersey federal judge has dismissed eight of 12 claims brought against Winston & Strawn by Hollywood heavyweight James Wiatt, who alleges that former firm partner Jonathan Bristol funneled $2 million of Wiatt’s money into disgraced financial adviser Kenneth Starr’s $33 million fraud scheme.

Judge Sticks to Ruling Refusing to Order Arbitration in Wage Suit

Master — Thu, 19 Jan 2012 05:33:48 +0000

A New York federal judge has rejected Ernst & Young’s claims that an individual plaintiff is required to arbitrate her overtime claims individually instead of through a class action in the wake of the U.S. Supreme Court’s holding in AT&T Mobility LLC v. Concepcion.

Judge Rules Against Airline Trade Group In Dispute With Bank

admin — Tue, 17 Jan 2012 23:52:24 +0000

A federal judge in Washington, D.C., has ruled against the airline industry’s largest trade group in a dispute over whether U.S.-backed loans that allow foreign air transport companies to buy American-made jets harm domestic air carriers.

Winston & Strawn, Nixon Peabody Fend Off Summary Judgment for Motorola in Trade Secrets War with Lemko

Master — Fri, 13 Jan 2012 08:39:13 +0000

A federal judge in Chicago has refused to throw out Motorola’s trade secrets claims against 4G technology manufacturer Lemko, clearing the way for trial on Motorola’s allegations that Lemko stole technology relating to wireless networking and wrongly asserted ownership of a family of related patents.

R. Allen Stanford?s Houston criminal-defense attorneys want to withdraw from the case

Master — Fri, 13 Jan 2012 08:39:07 +0000

In bias suit by former Dechert associate against firm, judge tosses disability claim

admin — Thu, 12 Jan 2012 08:26:17 +0000

A federal judge has tossed one of three remaining claims by a former Dechert associate who blames the firm’s macho culture for his work troubles after going on leave. Ariel Ayanna alleges he was fired because he used FMLA time to care for his children and mentally ill wife after their second child’s birth.

In bias suit by former Dechert associate against firm, judge tosses disability claim

Master — Thu, 12 Jan 2012 08:26:17 +0000

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000

A federal judge has dismissed most of a failure-to-warn suit against generic drug maker Mylan in a case where plaintiffs tried to use the “reference listed drug” theory to get around the Supreme Court’s Mensing ruling, which pre-empts most state law labeling claims against generics.

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000

Mylan Knocks Out Failure-To-Warn Claims Despite Plaintiffs’ Creative Mensing Argument

Master — Wed, 11 Jan 2012 07:03:31 +0000