Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Beware of Debtors Bearing Gifts: Eleventh Circuit Upholds TOUSA Bankruptcy Decision

by Miller Canfield on 5/23/2012

Sleep better at night knowing that the loan you made to your borrower is supported by collateral from the borrower’s subsidiaries? You may want to keep one eye open. On May 15, 2012, the U.S. Court of Appeals for the Eleventh...more

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope

by Ropes & Gray LLP on 5/23/2012

On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more

Recent Supreme Court Decision in Home Concrete: A Victory For Taxpayers

by Akerman Senterfitt on 5/23/2012

The recent U.S. Supreme Court decision in United States v. Home Concrete & Supply, LLC, Sup. Ct. No. 11-139 (Apr. 25, 2012) is a victory for taxpayers on the statute of limitations for federal tax assessments. The Supreme...more

Clarifying the Presumption Against Extraterritoriality: California Northern District Court Rejects the Application of Federal and...

by Ropes & Gray LLP on 5/23/2012

In a decision issued on May 3, Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed – with prejudice – the bulk of federal and California state wage and hour allegations made...more

Does your chosen jurisdiction clause extend to the arbitration agreement?

by Bryan Cave on 5/23/2012

It is quite rare for an agreement to state expressly which law shall be applicable to the arbitration clause, because it normally forms part of the agreement. It has been accepted in many cases as well as in the leading...more

Financial Review Team Appointed Under The Emergency Financial Manager Act Is Not A “Public Body” As Defined In The Open Meeting...

by Warner Norcross & Judd - Appellate Practice... on 5/23/2012

When the State Treasurer finds a municipality to be in “probable financial stress” the Michigan’s Emergency Financial Manager Act requires the Governor to appoint a financial review team for that municipality. Under the Act,...more

InfoBytes, May 18, 2012 - A Weekly In-depth review of news & developments in the financial services industry.

by BuckleySandler LLP on 5/23/2012

Topics In This Issue: Federal Issues - State Issues - Courts - Miscellany - Firm News - Mortgages - Banking - Consumer Finance - E-Commerce Excerpt from Federal Issues: Federal Prudential Regulators Issue Final...more

Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure

by Reed Smith on 5/23/2012

In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more

Chapter 7 Bankruptcy in 7 Steps: The Bankruptcy Discharge

by John Skiba on 5/22/2012

The day you receive your bankruptcy discharge is similar to those Christmas mornings back when you were a kid. You wait and wait for the day to arrive, and then, finally it arrives. Your discharge is entered. All those days,...more

MERS Has Power To Assign Interest in Deed of Trust, California Appeals Court Rules

by Ballard Spahr LLP on 5/22/2012

The California Court of Appeal has ruled that the Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust. In its May 17, 2012, opinion...more

Labor: EEOC issues final rule on reasonable factors other than age under the ADEA: The burden is on the employer to prove this...

by Potter Anderson & Corroon LLP on 5/22/2012

Originally published in InsideCounsel.com on May 21, 2012 On March 30, the Equal Employment Opportunity Commission (EEOC) published its final rule, meant to clarify the “reasonable factors other than age” (RFOA) defense...more

Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims

by Morrison & Foerster LLP on 5/22/2012

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

Martin Marietta Materials, Inc. v. Vulcan Materials Co., C.A. 7102-CS (Del. Ch. May 4, 2012) (Strine, C.) - May 04, 2012

by Potter Anderson & Corroon LLP on 5/22/2012

In this memorandum opinion, the Court of Chancery construed two confidentiality agreements executed by direct competitors at the outset of friendly negotiations regarding a possible business combination. Although neither of...more

Federal Circuit Upholds Jury’s Verdict Invalidating a Software Patent Under the On-Sale Bar of 35 U.S.C. §102(b)

by Patton Boggs LLP on 5/22/2012

In Leader Technologies, Inc. v. Facebook, Inc., No. 11-1366 (Fed. Cir. May. 8, 2012), the Court of Appeals for the Federal Circuit recently affirmed a District Court jury’s verdict that a software patent was invalid as...more

Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are...

by Patterson Belknap Webb & Tyler LLP on 5/22/2012

The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more

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Civil Procedure Updates – May 23, 2012