In a case that has returned twice in three years because of fresh case law from the U.S. Supreme Court, the 2nd Circuit keeps coming up with the same answer: A class action waiver provision in American Express contracts with merchants is unenforceable under the Federal Arbitration Act.
While the timing may have been a coincidence, Dallas-based McKool Smith announced the addition of two accomplished qui tam partners from Day Pitney the same day the federal government chose to celebrate the $30 billion that has been recovered as a result of whistleblower claims since 1986.
Rejecting a Delaware corporation’s arguments, the 3rd Circuit ruled last week that a Pennsylvania state law that mandates that steel used in public works projects be made in the United States is not unconstitutional or pre-empted by the federal Buy American Act.
The Boeing Co. has agreed to pay nearly $4.4 million to settle a Federal False Claims Act whistleblower lawsuit in which the company was alleged to have submitted inflated bills to the U.S.
Patent owners may breathe a sigh of relief because the U.S. Court of Appeals for the Federal Circuit has agreed to review a ruling from last year in a case about an alleged infringer’s right to sell a product based on a patent claim subsequently changed in a patent office action.