Legal Book » federal

Colonial Bancgroup Defeats FDIC Attempt to Assert $905 Million Priority Claim

Master — Sat, 04 Sep 2010 06:29:48 +0000

In a ruling that could have a significant impact on proceedings involving failed banks, the Federal Deposit Insurance Corp. has been rebuffed in its attempt to assert a $905 million priority claim against the holding company of the failed Colonial Bank. A federal bankruptcy judge in Alabama has ruled that the bank’s bankrupt holding company, Colonial Bancgroup, could not be held liable for the shortfall in the bank’s assets.

Federal Circuit Applies Recent High Court Case to Find Successor Liability

Master — Fri, 03 Sep 2010 05:34:34 +0000

The Federal Circuit has ruled that a defendant’s successor companies are liable for an $8 million default judgment in a patent infringement case.

Full Federal Circuit Narrowly Applies Patent Misuse Doctrine

admin — Thu, 02 Sep 2010 04:59:20 +0000

A divided U.S. Court of Appeals for the Federal Circuit has ruled that an anti-competitive agreement between two companies to restrict the availability of one of their patents in favor of two others is not misuse of the favored patents.

Despite Broad Holding on Whistleblower Standing in False Marking Cases, Pleading Hurdle Is High

Master — Thu, 02 Sep 2010 04:59:18 +0000

Patent practitioners say the Federal Circuit’s decision that whistleblowers have standing to sue companies that falsely label their products as covered by patents probably won’t save cases filed based on the bare fact that products contain false markings. The unanimous panel ruling, which reversed a New York federal court decision, directs the lower court to consider whether the complaint failed to allege an intent to deceive with enough specificity to meet the pleading requirements for fraud.

Plaintiffs Lawyers for 9/11 Workers Make Deal Over Cost Sharing

Master — Thu, 02 Sep 2010 04:59:18 +0000

Lawyers representing most of the more than 10,000 plaintiffs suing New York City and its contractors for illnesses resulting from the response and cleanup after the 9/11 terror attacks have patched up their differences over sharing costs. Plaintiffs firms Sullivan Papain Block McGrath & Cannavo and Worby Groner Edelman & Napoli Bern were set to square off at a hearing Wednesday, but instead submitted a stipulation to the federal judge presiding over a still-to-be-finalized $712.5 million settlement in the cases.

Botox Maker to Pay $600 Million in Settlement Over Off-Label Uses

admin — Thu, 02 Sep 2010 04:59:17 +0000

Allergan has agreed to pay $600 million in criminal and civil penalties and plead guilty to one misdemeanor count of “misbranding” its drug Botox as part of a global settlement with the federal government over off-label uses of the drug. As part of the plea deal, Allergan agreed to drop its First Amendment legal action against the government, which critics said threatened the entire federal regulation of pharmaceuticals.

FCC Seeks En Banc Rehearing of 2nd Circuit Ruling on Indecency Policy

admin — Sat, 28 Aug 2010 04:12:36 +0000

The Federal Communications Commission is seeking an en banc rehearing in the “fleeting expletives” case. In July, a three-judge 2nd Circuit panel ruled that an FCC policy fining broadcasters for airing certain expletives was unconstitutionally vague. Now, the FCC wants the entire circuit court to hear its case, arguing in a petition that a rehearing is needed to “maintain uniformity of the court’s decisions, and also to address exceptionally important questions about the agency’s ability to enforce federal law.”

Federal Circuit Rules No Link Between Autism and Vaccine

Master — Sat, 28 Aug 2010 04:12:35 +0000

The Federal Circuit on Friday upheld lower court findings that reject a causal connection between childhood vaccines and the onset of autism. The ruling came in the first of a series of test cases heard by special masters for the U.S

Is ‘Private’ Data on Social Networks Discoverable?

admin — Wed, 25 Aug 2010 06:41:33 +0000

Duane Morris’ Alan Klein, John Lyons, and Andrew Sperl examine a federal ruling that appears to offer the first in-depth analysis of the effect of many social networking sites’ “privacy settings” and the issue of whether federal privacy laws protect data from electronic discovery.

Will the SG Weigh in on Proposition 8 Case?

Master — Wed, 25 Aug 2010 06:41:32 +0000

The federal government is not a party to the Proposition 8 litigation, but the Justice Department could weigh in as amicus curiae — either when the case arrives at the U.S. Supreme Court or, sooner, before the 9th Circuit. Such a decision would typically be up to Acting Solicitor General Neal Katyal with input from across the federal government, including the White House

ABA Urges D.C. Circuit to Reject FTC Position in ‘Red Flag’ Case

Master — Tue, 24 Aug 2010 05:44:16 +0000

The Federal Trade Commission has no authority to lump lawyers in with creditors in the enforcement of regulations that govern the prevention of identity theft, attorneys for the American Bar Association said in court papers filed Friday in the D.C. Circuit. The ABA brief responds to FTC papers that argue that lawyers should be held to comply with so-called “red flag” rules that require financial institutions and creditors to develop identity theft prevention programs.

6th Circuit: Pharma Negligence Claim Not Pre-empted by FDA Approval

admin — Sat, 21 Aug 2010 05:17:52 +0000

The estate of Mary Buchanan, who died after taking Wyeth’s drug Redux, sued the drugmaker in a case that failed at the federal district court level.

Massachusetts Same-Sex Ruling on Hold

admin — Fri, 20 Aug 2010 04:22:11 +0000

A Massachusetts federal court decision striking down as unconstitutional a section of the federal Defense of Marriage Act will go on hold pending any appeal by the government. The Justice Department and parties represented by Gay & Lesbian Advocates & Defenders agreed on Wednesday to the stay. At the same time, the judge who issued the decision issued an amended judgment that described what his July decision means for each plaintiff: seven married same-sex couples and three widowers.

Credit Report Agencies Liable if They Pass On Bad Watch List Data

Master — Fri, 20 Aug 2010 04:22:07 +0000

In a significant setback for credit reporting agencies, the 3rd Circuit has ruled that consumers have the right to sue if a credit report includes inaccurate information drawn from a government watch list. The opinion marks the first time that a federal appellate court has held that such information is regulated by the federal Fair Credit Reporting Act, and could force Trans Union and other credit reporting agencies to overhaul their policies for handling such information in order to guarantee its accuracy.

Court: N.Y. Town’s Opposition to Church Violated Federal Law

Master — Thu, 19 Aug 2010 18:59:38 +0000

A Westchester County, N.Y., town violated the federal Religious Land Use and Institutionalized Persons Act barring religious discrimination in land use, by putting one obstacle after another in the path of a Pentecostal congregation’s plans to build a new church. Southern District Judge Stephen C.

3rd Circuit Gives Thumbs Down to ‘Fraud-Created Market’ Theory

Master — Tue, 17 Aug 2010 03:21:18 +0000

Ruling on an issue that has split the federal circuits, the 3rd U.S. Circuit Court of Appeals on Monday flatly rejected the so-called “fraud-created-the-market” theory in securities fraud cases, declaring that it lacks any basis in common sense. In Malack v.

Federal Circuit Finds No Joint Infringement When Neither Defendant Controls Entire Process

Master — Thu, 12 Aug 2010 17:07:25 +0000

The U.S. Court of Appeals for the Federal Circuit has upheld a ruling that two co-defendant companies did not jointly infringe a patent because neither company controlled the entire infringing process. The court’s Aug

Federal Circuit Finds No Joint Infringement When Neither Defendant Controls Entire Process

Master — Thu, 12 Aug 2010 17:07:25 +0000

The U.S.

Bankruptcy Judge Denies WaMu’s Attempt to Get Shareholder Data

admin — Wed, 11 Aug 2010 04:57:39 +0000

A Delaware bankruptcy judge has rejected Washington Mutual’s attempt to get personal financial information from shareholders who are demanding an annual company meeting. Members of the shareholders committee are hoping to elect new board members, alleging that the current WaMu board is resisting the election of new directors who would protect shareholder interests in the company’s reorganization plan and the related settlement of a $4 billion dispute with JPMorgan Chase & Co

Alleged Effort to Push Generic Drug Deal Puts FTC in Hot Seat

admin — Wed, 11 Aug 2010 04:57:29 +0000

Steven Sunshine was representing a generic drug company that was under investigation by the Federal Trade Commission for a private settlement over brand-name sleep disorder drug Provigil when an FTC official called him and asked about having his client team up with another generic drug maker to take a run at Provigil’s market share. Now the FTC’s alleged effort to push two private businesses into a deal has become the centerpiece of a rare federal court battle with at least one judge questioning the agency’s credibility.

Calif. High Court Hands Win to Workers in Google Age Bias Ruling

admin — Fri, 06 Aug 2010 04:38:53 +0000

The California Supreme Court has sided with a former Google executive who said management and co-workers derided him for his age before firing him because they felt he was no longer a “cultural fit” for the youthful company. In a unanimous opinion published Thursday, the court held that applying the federal “stray remarks” doctrine in employment discrimination cases — which deems statements made outside of the company’s decision-making process to be irrelevant — might lead to an unfair result.

Attorneys Press Federal Circuit Judge to Recuse in Human Gene Case

admin — Thu, 05 Aug 2010 03:22:38 +0000

With the Federal Circuit set to consider a landmark case over the validity of human gene patents, attorneys for the plaintiffs are asking the court’s chief judge to recuse himself from the matter — before the panel that will hear it has even been selected.

Disgraced Former Judge Wants Sentence Overturned

Master — Wed, 04 Aug 2010 05:54:38 +0000

A former federal judge who is serving nearly three years in prison for lying about sexually assaulting two female court employees is trying to get his sentence overturned. Samuel Kent’s attorneys argue that the Federal Bureau of Prisons has treated Kent as a sex offender even though he pleaded guilty to a non-sexual offense. The attorneys also claim Kent has been denied access to substance abuse programs and computer skills classes and subjected to “unusually cruel” treatment, including long periods in solitary confinement.

False-Marking Suits Head for a Showdown

admin — Tue, 03 Aug 2010 06:11:12 +0000

False-marking lawsuits have surged since the Federal Circuit held in December 2009 that a penalty of up to $500 applies to each falsely marked product, rather than as a total penalty. Of the 290 false-marking cases filed from Jan

Child Sex Crime Prompts 11th Circuit Reversal

Master — Tue, 03 Aug 2010 06:11:07 +0000

A sentencing decision last week by the full 11th Circuit came in a particularly extreme child sex case, but the ruling could impact a broad range of criminal cases in Georgia, Florida and Alabama. A dissenting judge who deemed the majority’s approach “shocking” wrote that the decision could prompt more sentencing appeals because it gives appellate panels more leeway to dictate a new sentence. One attorney said the ruling will make district court judges less likely to stray from the federal sentencing guidelines.