Mar
29
7th Circuit: Debt Discharged Properly; Fee Award Not Valid Based On Evidence
March 29, 2012 | Leave a Comment
CHICAGO – A panel of the Seventh Circuit U.S. Court of Appeals on Feb. 2 affirmed the dischargeability of a particular debt but reversed that part of a lower court ruling that awarded fees to the debtor related to the costs of defending a creditor’s adversary action (Anthony Stelmokas v. Vytautas Kodzius, No. 11-3193, Chapter [...]
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
Mar
2
Split 5th Circuit Grants Qualified Immunity To Doctors Who Treated Inmate
March 2, 2012 | Leave a Comment
NEW ORLEANS – Physicians who performed a radical hysterectomy on an incarcerated woman are entitled to qualified immunity after the inmate sued claiming that her constitutional rights were violated when her ovary and lymph nodes were removed allegedly without her consent, a split Fifth Circuit U.S. Court of Appeals panel ruled Feb. 3 (Carrie Rahat [...]
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 [...]
Feb
19
2nd Circuit: Forum State’s Limitations Period, Borrowing Statute Apply
February 19, 2012 | Leave a Comment
NEW YORK – In an action for benefits under Section 502 of the Employee Retirement Income Security Act, the forum state’s statute of limitations, including its borrowing statute, applies, the Second Circuit U.S. Court of Appeals affirmed Feb. 1 (Joseph G. Muto, et al. v. CBS Corporation f/k/a Westinghouse Electric Corporation, et al., No. 10-3038-cv, [...]
Feb
16
7th Circuit Rules For Abbott On Former Employees’ ERISA Interference Claims
February 16, 2012 | Leave a Comment
CHICAGO – A certified class of former employees of Abbott Laboratories failed to prove that Abbott created a spin-off unit to avoid paying retirement benefits in violation of Section 510 of the Employee Retirement Income Security Act, the Seventh Circuit U.S. Court of Appeals affirmed Feb. 3 (Myla Nauman, et al. v. Abbott Laboratories, et [...]
Jan
26
9th Circuit Says Insurers Have Standing To Object To Thorpe’s Confirmed Plan
January 26, 2012 | Leave a Comment
SAN FRANCISCO – Because Thorpe Insulation Co.’s Chapter 11 plan of reorganization could harm insurance companies, the plan is not “insurance neutral” and, therefore, the insurers have standing to object to it, the Ninth Circuit U.S. Court of Appeals held Jan. 24 in reversing approval of the plan and remanding the case so the insurers’ [...]
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 [...]
Jan
5
9th Circuit Grants, Denies Appeals Of Remand In Deceptive Loan Cases
January 5, 2012 | Leave a Comment
SAN FRANCISCO – In parallel cases filed by the State of Arizona and State of Nevada alleging deceptive loan and foreclosure practices against Bank of America Corp. and its subsidiary Countrywide Financial Corp., the Ninth Circuit U.S. Court of Appeals on Jan. 3 granted Nevada’s petition to appeal a federal judge’s denial of its motion [...]
Dec
16
Out-Of-State Employees’ Competition Law Claims Can Proceed, 9th Circuit Says
December 16, 2011 | Leave a Comment
SAN FRANCISCO – Out-of-state employees who worked in California may proceed with claims under California’s labor code and unfair competition law (UCL) but not with claims seeking to apply those laws to work done outside the state, the Ninth Circuit U.S. Court of Appeals held Dec. 13 (Donald Sullivan, Deanna Evich, Richard Burkow v. Oracle [...]