On November 21, the Florida First District Court of Appeals affirmed the dismissal of a qui tam false claims act lawsuit against a lender, securitization trust, and MERS for the recovery of allegedly unpaid documentary stamp...more
Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more
On November 11, 2013, the U.S. District Court for the Northern District of California in Sandoz, Inc. v. Amgen, Inc. and Hoffman-La Roche, Inc., Docket No. C-13-2904, made the first-ever judicial interpretation of the...more
In 2007, the US Supreme Court set a new test for declaratory judgment actions in MedImmune. Its decision continues to have a profound impact on trade mark cases, explain Bobby Ghajar and Carolyn Toto.
Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick...more
A state employee sent an email to a superior declaring that if a particular contract were not honored, then the entire department would not be complying with federal regulation. After being fired, the employee sued under the...more
This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit...more
In Rodriguez v. AT&T Mobility, LLC, the Ninth Circuit continues a string of recent decisions cracking down on district courts’ tendency to remand class actions on the purported basis that the defendant failed to meet the...more
In Reneaud v. City of Traverse City, the court addressed whether the plaintiffs' Complaint was properly removed from Grand Traverse County Circuit Court to the Western District of Michigan based on federal subject matter...more
Plaintiff Biomet, Inc. ("Biomet") filed a complaint for Declaratory Judgment against Bonutti Skeletal Innovations, LLC ("Bonutti") seeking a declaration that the manufacture, use, or sale of Biomet's products does not...more
Where do you litigate an ERISA disability claim governed by a collective bargaining agreement?
It has to be sent to arbitration, not to federal court, if the Railway Labor Act applies....more
In This Issue:
- Ninth Circuit Once Again Affirms $16 Million Verdict In Favor Of Licensee:
The United States Court of Appeals for the Ninth Circuit has amended a recent opinion and voted to deny rehearing en...more
The plaintiffs—cruise passengers on the ill-fated Costa Concordia—filed two separate lawsuits, neither of which contained more than 100 plaintiffs....more
EMI Entertainment World, Inc. v. Karen Records, Inc., U.S.D.C., New York, June 10, 2013 -
District court vacates $100,000 judgment for copyright infringement, finding that parent company did not have standing to bring...more
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
In an opinion and order dated May 7, 2013, the Honorable Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania dismissed for lack of subject matter jurisdiction a legal malpractice action...more
Plaintiffs still cannot dial up TCPA claims in New York.
On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising...more
On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York entered a memorandum and order in Bank v. Independence Energy Group LLC, which sua sponte dismissed claims arising under the Telephone Consumer...more
Though the McCarran-Ferguson Act did not receive significant treatment from the courts in 2011, the United States Court of Appeals for the Fourth Circuit weighed in on the Act in the past year. In ESAB Group, Inc. v. Zurich...more
As we observed in last year's reinsurance review, 2011 was marked by a notable amount of litigation over the disqualification of counsel. At that time, it appeared that disqualification of counsel was one of the few areas of...more
In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more
"[Neither the Declaratory Judgment Act nor Federal Circuit jurisprudence creates] a federal cause of action for assignor estoppel."
On February 11, 2013, in Semiconductor Energy Lab. Co. v. Nagata, the U.S. Court of...more
The California Supreme Court is reviewing the following question: "Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717...more
In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more
On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more