Reversal

BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession Induced by False Promise of Leniency Inadmissible

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 3/27/2013

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the officer repeatedly asserted...more

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

California Supreme Court Eliminates Damages in FEHA Discrimination Cases Where Employer Proves Mixed Motive Defense

by Byron Lau, Lena Ryan | Orrick - Global Employment Law Group on 2/25/2013

Earlier this month, the California Supreme Court issued a ruling clarifying details of the “mixed-motive” defense applicable to discrimination claims under the California Fair Employment and Housing Act (“FEHA”). Harris v....more

Third Circuit "Clarifies" Continuing Violation Doctrine

by John Barry, Joseph C. O'Keefe, Lawrence Sandak, Daniel Saperstein | Proskauer Rose LLP on 2/25/2013

In Mandel v. M & Q Packaging Corp., No. 11-3913, 2013 WL 141890 (3d Cir. Jan. 14, 2013), the U.S. Court of Appeals for the Third Circuit "clarified" the application of the continuing violation doctrine as defined by the U.S....more

Short Wins - Three Odd Cases

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 2/25/2013

Three odd cases were decided last week in the federal circuits....more

Assessment Appeals Commission Holds that Personal Property is Valued at Capitalized Cost

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal | Bradley Arant Boult Cummings LLP on 2/25/2013

The Assessment Appeals Commission (“AAC”) of the Tennessee State Board of Equalization has reversed a 2011 administrative law judge decision, holding that intangible costs (such as freight, installation, engineering costs and...more

Patent Watch: Brilliant Instruments, Inc. v. GuideTech, Inc.

by Lawrence M. Sung | BakerHostetler on 2/22/2013

On February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore,* Reyna) reversed and remanded the district court's summary judgment that Brilliant did...more

Aircraft Financing Commission Dispute – Implied Contract Theory

by Neha Dagley | Schecter Law on 2/22/2013

A contract implied in law, or quasi contract, operates where there Is no contract in place to provide a remedy where one party is unjustly enriched, and where that party received a benefit under circumstances that made it...more

California Supreme Court Rules On Mixed Motive Defense To Discrimination Claims, But Large Verdicts Persist…

by Jacquelyn Ferry | Proskauer - California Employment Law on 2/22/2013

Wynona Harris, a bus driver for the City of Santa Monica (the City), alleged that she was fired because of her pregnancy in violation of the prohibition against sex discrimination under the Fair Employment and Housing Act...more

"US Supreme Court Narrows State-Action Doctrine in Hospital Merger Challenged by FTC"

by Clifford Aronson, Alec Chang, Sharis Pozen, Joanna Warren | Skadden, Arps, Slate, Meagher & Flom LLP on 2/22/2013

In a unanimous decision issued on February 19, 2013, the U.S. Supreme Court ruled that the state-action doctrine did not immunize Phoebe Putney Health System’s acquisition of Palmyra Park Hospital in Albany, Georgia.1 The...more

Supreme Court Holds General Authorization To County Hospital Authority Insufficient For Antitrust Immunity

by Ropes & Gray LLP on 2/21/2013

On February 19, 2013, the United States Supreme Court unanimously decided that the acquisition by a county hospital authority of another hospital in the same county was not immune from antitrust scrutiny under the state...more

Patent Watch: Cephalon, Inc. v. Watson Pharms., Inc.

by Lawrence M. Sung | BakerHostetler on 2/20/2013

On February 14, 2013, in, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson, Wallach*) reversed-in-part and affirmed-in-part the district court's judgment following a bench trial that Watson did not infringe...more

Class Action Settlement Take-up Significant for Fee Approvals - Lavier v MyTravel Canada Holdings Inc

by Eric Hoaken, Christiaan Jordaan | Bennett Jones LLP on 2/20/2013

On February 14, 2013, the Ontario Court of Appeal released its decision in Lavier v MyTravel Canada Holidays Inc, which deals with the approval of class counsel fees in a settled class proceeding. The decision provides some...more

Employee Is Protected By Whistleblower Provisions Of The Labor Code When He Or She Reports Illegal Conduct By A Fellow Employee

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/19/2013

A terminated employee brought claims against his former employer for wrongful termination in violation of the California False Claims Act (“CFCA”), public policy, and the whistleblower protections provided by the Labor Code. ...more

Court of Appeals Rules that Title Companies Owe Duty of Care in Tort when Conducting Title Searches

by Brett Buckwalter | Niles, Barton & Wilmer, LLP on 2/19/2013

In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more

Ninth Circuit Vacates MGA's Trade Secrets Counterclaim Award

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/18/2013

The long-running dispute between Mattel and MGA Entertainment is one of the most notable, costly competition cases of the last decade. As most readers probably know, Mattel makes the popular Barbie line of dolls and sued its...more

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/15/2013

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Washington Supreme Court Issues an Unprecedented Decision Regarding a First-Party Insured’s Compliance with a Policy’s EUO...

by Craig Bennion, Meredith Dishaw | Cozen O'Connor on 2/11/2013

The examination under oath has long served as a valuable tool to prevent fraud and exaggeration in property insurance claims, while also keeping the cost of insurance as low as possible. The Washington Supreme Court, however,...more

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