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

My Fellow Californians - Our Long National Nightmare is Over

by Sheppard Mullin Richter & Hampton LLP on 5/23/2012

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

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

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

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In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for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

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

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

Akanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims due to No-Action Clause in Indenture

by Cadwalader, Wickersham & Taft LLP on 5/22/2012

On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit overturned a decision by the U.S. District Court for the Northern District of Georgia permitting noteholders to proceed with a fraudulent transfer suit...more

Advertising Law -- May 17, 2012

by Manatt, Phelps & Phillips, LLP on 5/21/2012

In This Issue: PMA To Be Represented by Manatt Partner Linda Goldstein on FTC Panel; Manatt Partner Jeff Edelstein to Lead CLE Privacy Law Webinar Session; Thanks to the FTC, Defendants Won’t “Get Rich Quick” on...more

District Court in Chevron v Donziger Upholds Many Claims, Including RICO Claim Against U.S. Lawyer, Despite Thus-far Valid...

by Cadwalader, Wickersham & Taft LLP on 5/21/2012

Chevron Corp. v Steven Donziger, et al., 11 Civ. 0691 (LAK) (S.D.N.Y. 2012), is the District Court’s most recent order in the array of cases concerning the multibillion judgment entered against Chevron in Ecuador. We have...more

Case Study: Sandager V. Dell Marketing

by Sheppard Mullin Richter & Hampton LLP on 5/21/2012

Originally Published in Law360, New York May 17, 2012 -- While the False Claims Act generally is understood to be a “whistleblower” statute, it has been a tool of choice in recent years for opportunistic qui tam relators who...more

Reuters: Corporations Face Long Odds in Tax Cases Heard by the United States Supreme Court – Situation Brighter in Canada

by Fraser Milner Casgrain LLP on 5/21/2012

Reuters recently reported a study showing that corporations face very long odds in tax appeals heard by the United States Supreme Court. There were 919 income tax cases in the Supreme Court of the United States from 1909 to...more

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Civil Procedure – May 23, 2012

Narrowed by: Civil Remedies