U.S. Supreme Court OKs Attorney Fees In Untimely, Good Faith Vaccine Cases

thomas.moylan@lexisnexis.com (Tom Moylan) — Mon, 20 May 2013 16:40:00 -0400

WASHINGTON, D.C. - (Mealey's) A federal vaccine compensation petitioner who filed an untimely claim may qualify for attorney fees if her claim was filed in good faith and there was a reasonable basis for it, the U.S. Supreme Court ruled May 20 (Kathleen Sebelius, et al. v. Melissa Cloer, No. 12-236, U.S. Sup.). (lexis.com subscribers may access Supreme Court briefs for this case).

(Opinion available. Document #28-130606-005Z.)

MedImmune Inc. v. Genentech Inc. (549 U.S. 118, 137 [2007]) will be decided by the U.S. Supreme Court, which on May 20 granted certiorari in a dispute over cardiac resynchronization therapy (CRT) devices (Medtronic Inc. v. Boston Scientific Corp. et al., No. 12-1128, U.S. Sup.) (lexis.com subscribers may access Supreme Court briefs for this case).

California Official Reports: Electronic Advance Sheet - Court Opinions For Monday, May 20, 2013

Mon, 20 May 2013 15:27:00 -0400

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The Commission prevailed in the Second Circuit which affirmed the entry of an officer and director bar ordered by the district court following the settlement of an insider trading case

California Official Reports: Electronic Advance Sheet - Court Opinions For Friday, May 17, 2013

Fri, 17 May 2013 16:51:00 -0400

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N.J. Jury Finds For Defendant Novartis In Zometa Jaw Injury Trial

thomas.moylan@lexisnexis.com (Tom Moylan) — Thu, 16 May 2013 16:44:00 -0400

NEW BRUNSWICK, N.J. - (Mealey's) A New Jersey state court jury on May 15 returned a defense verdict for Novartis Pharmaceuticals Corp. in a Zometa jaw injury case, a source told Mealey Publications (Beverly Meng v. Novartis Pharmaceuticals Corp., No. MID-L-7670-07-MT, N.J. Super., Middlesex Co.).

In a 7-1 vote, the jury in the Middlesex County Superior Court found that Novartis did not fail to provide an adequate warning to plaintiff Beverly Meng's prescribing physician concerning the risk of osteonecrosis of the jaw (ONJ) from Zometa that the defendant knew or should

California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, May 16, 2013

gregg.lawson@lexisnexis.com (Gregg Lawson) — Thu, 16 May 2013 17:04:00 -0400

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Foley Hoag Product Liability Update is a good source of information concerning developments in product liability and related law for product manufacturers and sellers. Published quarterly, the Update is prepared under the aegis of David R. Geiger, the chair of Foley Hoag's product liability and complex tort practice.

Although any of the six articles in the April 2013 Update are worthy of comment, the Update's discussion of Comcast Corp. v. Behrend, 133 S. Ct. 1426,

California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, May 15, 2013

Wed, 15 May 2013 15:07:00 -0400

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Supreme Court Affirms Patent Exhaustion Not Applicable In Seed Dispute

melissa.ritti@lexisnexis.com (Melissa Ritti) — Mon, 13 May 2013 16:39:00 -0400

WASHINGTON, D.C. - (Mealey's) A soybean farmer accused of infringing a patented pesticide-resistant seed was defeated May 13 in his efforts to avoid liability via the patent exhaustion doctrine, when the U.S. Supreme Court deemed the doctrine inapplicable to the dispute (Vernon Hugh Bowman v. Monsanto Co., et al., No. 11-796, U.S. Sup.) (lexis.com subscribers may access Supreme Court briefs and the opinion for this case).

Randy Curtis Bullock v. BankChampaign, No. 11-1518, Chapter 7, U.S. Sup.) (lexis.com subscribers may access Supreme Court briefs and the opinion

California Official Reports: Electronic Advance Sheet - Court Opinions For Monday, May 13, 2013

Mon, 13 May 2013 16:04:00 -0400

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The Week In Securities Litigation: SEC Seeks Budget Hike, Brings 2 New Actions

TGormanSECActionsBlog@porterwright.com (Thomas O. Gorman) — Fri, 10 May 2013 17:44:00 -0400

The focus this week was on the proposed SEC budget as new SEC Chair Mary Jo White told a House subcommittee that the agency needs about a 26% increase. Part of the additional funding is to hire almost 700 new staff members.

SEC enforcement, in conjunction with the Manhattan U. S. Attorney's Office, brought a kickback action involving payments to an official of an Argentinian bank by employees of a New York brokerage firm. The Commission also brought its first action against a City based on statements not contained in the financing papers. In conjunction with that proceeding the agency also issued a Section 21(a) report cautioning city officials regarding their statements and noting that appropriate procedures should be in place to guard against material misstatements

Illinois Jury Awards $2.2Million To Widower In 1st Humira Infection Case To Go To Trial

thomas.moylan@lexisnexis.com (Tom Moylan) — Fri, 10 May 2013 17:23:00 -0400

CHICAGO - (Mealey's) An Illinois state court jury on May 9 found Abbott Laboratories negligent and ordered it to pay a plaintiff $2,244,063 for a near-fatal infection his late wife suffered while taking the rheumatoid arthritis drug Humira, according to the plaintiff's law firm (Milton Tietz, et al. v. Abbott Laboratories, et al., No. 12-L-002715, Ill. Cir., Cook Co.).

(Judgment available. Document #28-130516-018R.)

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California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, May 9, 2013

Fri, 10 May 2013 17:09:00 -0400

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In re: Fannie Mae Securities Litigation, No. 04-01639, D. D.C.).

(Unopposed motion for preliminary approval of settlement available. Document #57-130513-077B.)

Lead plaintiffs Ohio Republic Retirees

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, May 8, 2013

Wed, 08 May 2013 15:20:00 -0400

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here, is entitled "D&O Claims Trends: 1Q 2013," notes that "if the first quarter is any indication, it appears that this downward trend may continue throughout 2013."

Reeders reviewing the Advisen report will want to be very careful to note that the report uses its own terminology. In particular, the report uses the term "securities suits

SEC Reaches Settlement With Pennsylvania City Over Federal Securities Law Violations

timothy.raub@lexisnexis.com (Timothy Raub) — Wed, 08 May 2013 15:03:00 -0400

WASHINGTON, D.C. - (Mealey's) The Securities and Exchange Commission and the City of Harrisburg, Pa., have agreed to a cease-and-desist order preventing the city from continuing its violation of federal securities laws in connection with statements it made both publicly and in financial documents regarding the city's failure to comply "with written undertakings executed by the City in the form of Continuing Disclosure Certificates," the SEC said in its order, filed May 6 (In the Matter of the City of Harrisburg, Pennsylvania, No. 3-15316, SEC).

(Cease-and-desist order available. Document #57-130513-073R.)

MBIA Insurance Corp. v. Countrywide Home Loans Inc., et al., No. 602825-2008, N.Y. Sup., New York Co.).

According to the MBIA press release, MBIA and subsidiaries MBIA Insurance Corp. and National Public Finance Guarantee Corp. (collectively, MBIA) will receive "a net payment of approximately $1.7 billion, consisting of approximately $1.6 billion in cash and $137

California Official Reports: Electronic Advance Sheet - Court Opinions For Tuesday, May 7, 2013

Tue, 07 May 2013 15:41:00 -0400

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The Week In Securities Litigation: FCPA A Focus, SEC Prevails In Court

TGormanSECActionsBlog@porterwright.com (Thomas O. Gorman) — Sat, 04 May 2013 17:31:00 -0400

The FCPA continued to be a focus this week. Another Alstrom executive was added to a pending criminal prosecution in a superseding indictment charging FCPA violations and money laundering.

In court the Commission prevailed in the D.C. Circuit as well as the district court. In the Circuit Court the Commission secured the dismissal on jurisdictional grounds of a suit challenging Exchange Act Section 13(q) and the related rules. Those provisions require the disclosure of certain payments made to foreign governments relating to the commercial development of oil, natural gas, or minerals. In the district court the agency prevailed on a summary judgment motion in an investment fund fraud action. The agency also filed a settled administrative proceeding stemming from its inspection

Portal Blogs

U.S. Supreme Court OKs Attorney Fees In Untimely, Good Faith Vaccine Cases

California Official Reports: Electronic Advance Sheet - Court Opinions For Monday, May 20, 2013

California Official Reports: Electronic Advance Sheet - Court Opinions For Friday, May 17, 2013

N.J. Jury Finds For Defendant Novartis In Zometa Jaw Injury Trial

California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, May 16, 2013

California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, May 15, 2013

Supreme Court Affirms Patent Exhaustion Not Applicable In Seed Dispute

California Official Reports: Electronic Advance Sheet - Court Opinions For Monday, May 13, 2013

The Week In Securities Litigation: SEC Seeks Budget Hike, Brings 2 New Actions

Illinois Jury Awards $2.2Million To Widower In 1st Humira Infection Case To Go To Trial

California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, May 9, 2013

California Official Reports: Electronic Advance Sheet – Court Opinions For Wednesday, May 8, 2013

SEC Reaches Settlement With Pennsylvania City Over Federal Securities Law Violations

California Official Reports: Electronic Advance Sheet - Court Opinions For Tuesday, May 7, 2013

The Week In Securities Litigation: FCPA A Focus, SEC Prevails In Court