Apr
13
Los Angeles Dodgers: Injury Claim Should Be Disallowed In Chapter 11 Case
April 13, 2012 | Leave a Comment
WILMINGTON, Del. – The Los Angeles Dodgers, which filed for Chapter 11 bankruptcy, on Feb. 3 moved in the U.S. Bankruptcy Court for the District of Delaware for an order disallowing a personal injury claim against the club brought by a man who suffered injuries from an attack after attending a baseball game at Dodger [...]
Mar
26
Federal Judge Dismisses Case Against FDIC Arising From Loan Made By Failed Bank
March 26, 2012 | Leave a Comment
RENO, Nev. – A federal judge in Nevada on Feb. 2 granted the Federal Deposit Insurance Corp. and individual defendants’ motion to dismiss a suit arising from a loan plaintiffs took out with failed bank First National Bank of Nevada (FNB) (Parker’s Model T, et al. v. Federal Deposit Insurance Corp., et al., No. 10-00791, [...]
Mar
23
Federal Circuit Reverses Claim Construction In Video Game Patent Case
March 23, 2012 | Leave a Comment
WASHINGTON, D.C. – A stipulation to a judgment of noninfringement will be revisited, following a Feb. 1 ruling by the Federal Circuit U.S. Court of Appeals (Craig Thorner and Virtual Realty Feedback Corporation v. Sony Computer Entertainment America LLC et al., No. 11-1114, Fed. Cir.). LexisNexis® Mealey’s™ Daily Legal News
Feb
28
5th Circuit Affirms Dismissal Of Fatal Helicopter Crash Case
February 28, 2012 | Leave a Comment
NEW ORLEANS – The Fifth U.S. Circuit Court of Appeals on Feb. 2 upheld the dismissal of a wrongful death action filed by the mother of a man killed in a helicopter crash, concluding that she could not recover damages under Louisiana law (Karen Nelson, et al. v. PHI Inc., et al., No. 11-30153, 5th [...]
Jan
8
3rd Circuit Reverses Ruling Dismissing Case As Sanction For Spoliation
January 8, 2012 | Leave a Comment
PHILADELPHIA – A Third Circuit U.S. Court of Appeals panel on Jan. 4 ordered a new trial in an employment discrimination case against United Parcel Service Inc. (UPS) after finding that a federal judge in New Jersey abused his discretion when dismissing the woman’s action as a sanction for her failure to produce original copies [...]
Dec
13
9th Circuit Affirms Judgment Against Claimants In CARDS Case
December 13, 2011 | Leave a Comment
SAN FRANCISCO – The parol evidence rule applied to exclude evidence of alleged misrepresentations made by a bank prior to the execution of a credit agreement in a case brought by purchasers of a financial product known as Custom Adjustable Rate Debt Structure (CARDS) against the bank and a financial services company, the Ninth Circuit [...]
Dec
7
U.S. Supreme Court Won’t Review Liability Expansion In False Claim/Kickbacks Case
December 7, 2011 | Leave a Comment
WASHINGTON, D.C. – The U.S. Supreme Court said Dec. 5 that it will not review a federal appeals court ruling that found that an orthopedic device company could be sued for false claims and kickbacks based on certification by health care providers that they comply with federal regulations (Blackstone Medical, Inc. v. United States of [...]
Oct
14
Nevada Jury Awards $ 104M In Compensatory, Punitive Damages In Propofol Case
October 14, 2011 | Leave a Comment
LAS VEGAS – A Nevada state court jury on Oct. 12 ordered a maker and distributor of generic propofol to pay $ 90 million in punitive damages in a case in which a plaintiff claimed that he was infected as a result of reusable “jumbo” vials of the general anesthetic (Michael Washington, et al. v. [...]
Sep
11
7th Circuit Relies On Hecker In Excessive Fee Case
September 11, 2011 | Leave a Comment
CHICAGO – The Seventh Circuit U.S. Court of Appeals on Sept. 6 affirmed the dismissal of 401(k) plan participants’ claims that the plan fiduciaries breached their duties under the Employee Retirement Income Security Act by offering retail mutual funds and requiring the participants to pay the operating expenses of their retirement investments (Brian Loomis, et [...]
Aug
7
3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing
August 7, 2011 | Leave a Comment
NEWARK, N.J. – A Third Circuit U.S. Court of Appeals panel on Aug. 3 affirmed the dismissal of a challenge to the Patient Protection and Affordable Care Act (PPACA) brought by a New Jersey physician, one of his patients and a physician organization, saying that the plaintiffs failed to allege the prerequisite injury in fact [...]