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On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with...more
Plaintiff Fleet Engineers, Inc. ("Fleet") develops, manufactures, and sells after-market products for the trucking industry. Defendant Tarun Surti, the president of Mudguard Technologies, LLC ("Mudguard"), owns a mud flap...more
U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on March 7 in the U.S. District Court for the Northern...more
We all know that public policy, legislation and the courts favor enforcement of agreements to resolve disputes by arbitration rather than litigation. The Federal Arbitration Act, and the states’ laws providing for...more
On June 16, 2014, a federal district court jury in Florida awarded $14.755 million to plaintiff Ameritox, Ltd., a Maryland-based clinical lab, for state law claims alleging tortious interference with business relationships...more
In a huge victory for Massachusetts-based biologics manufacturer Genzyme Corporation, the First Circuit Court of Appeals on June 5, 2014 affirmed the District Court’s dismissal of a multi-million dollar shareholder class...more
DSM Desotech Inc. v. 3D Systems, Inc. -
Applying the laws of the U.S. Court of Appeals for the Seventh Circuit in an appeal that no longer contained a patent claim, the U.S. Court of Appeals for the Federal Circuit...more
Gabriel Techs. Corp. v. Qualcomm Inc. -
In a non-precedential decision addressing a finding of exceptional case under 35 U.S.C. § 285, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s award...more
Last week, Magistrate Judge David S. Cayer of the U.S. District Court for the Western District of North Carolina denied Bank of America’s motion to dismiss the Security and Exchange Commission’s claims against it in SEC v....more
In this issue:
- SEC Requests Comment on FINRA Rules
- CFTC Issues Interpretation Regarding Auditor Independence Standards
- OTC Derivatives Regulators Group Issues Report to G20
In another decision narrowing the scope of state Medicaid fraud statutes, on March 20, 2014, the Supreme Court of Arkansas, in Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State of Arkansas, No. CV-12-1058, unanimously...more
In this patent infringement action between Emblaze and Apple, Apple filed a motion to stay the case pending the recent grant of certiorari in Akamai v. Limelight Networks. In Akamai, a divided en banc Federal Circuit panel...more
It’s virtually inevitable: Within hours (or less) of a press release announcing a merger or acquisition involving a public company, a group of shareholders will file a class action lawsuit against the public company target’s...more
On Monday, the U.S. Supreme Court granted certiorari in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (13-435), an appeal in which Omnicare has asked the Court to clarify the meaning of...more
Last month, the Eighth Circuit Court of Appeals addressed the scope of “fraud-in-the-inducement” liability under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and, in doing so, reversed the dismissal of a claim related...more
Where product liability actions or government investigators have targeted a prescription drug, class actions follow alleging that patients are entitled to a refund of what they paid for the medicine. The theory of these...more
The United States Supreme Court recently indicated its potential interest in hearing arguments in a key False Claims Act (FCA) case that would address a circuit split over the important issue of the level of specificity of...more
Three former employees of Bristol Myers Squibb, Inc. (BMS) brought a qui tam action alleging that BMS violated California’s Insurance Frauds Prevention Act, California Insurance Code section 1871.7 et seq. (IFPA), by giving...more
Brief in opposition to defendants' post-Akamai motion for summary judgment on the ground of non-infringement....more
From the preliminary statement:
Plaintiff David Tropp (“Tropp”), owner of U.S. Patent Nos. 7,021,537 and 7,036,728 (the patents-in-suit), submits this memorandum of law in opposition to the motion by Travel Sentry and...more
On August 6, the U.S. District Court for the Eastern District of Texas held that the court has subject matter jurisdiction over the SEC’s claims that a Texas man and his company defrauded investors in a Ponzi scheme involving...more
In response to the SEC’s first civil complaint arising from online virtual currency trading, alleged Bitcoin Ponzi schemer Trendon Shavers recently challenged the district court’s authority to hear the case. ...more
[Docket Text] CERTIFICATE of Interested Parties filed by Chad Elie that identifies all parties that have an interest in the outcome of this case. . (Chattah, Sigal) (Entered: 05/22/2013)...more
[Docket Text] MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 5/21/2013. Statement regarding removed action is due by 6/8/2013. Joint Status Report regarding removed action is due by 6/23/2013. (Copies have...more
[Docket Text] PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Case Number A-13-679951-C, (Filing fee $ 400 receipt number 0978-2825493), filed by Alain Jeffery Ifrah, Ifrah PLLC. Certificate of...more
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