Corporate

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Conspiracy Claims Related To 4G Standard Setting Survive Motion To Dismiss
Posted on 9 Oct 2012 by Mealeys

PHILADELPHIA - A federal judge in Pennsylvania on October 4 declined to dismiss allegations by a developer of technology used to locate mobile handsets against a standard-setting organization (SSO), concluding that the developer plausibly alleged that... Read More

Supreme Court to Consider State-Action Immunity in Hospital Merger Case
Posted on 25 Jun 2012 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court today granted the Federal Trade Commission's petition for a writ of certiorari seeking review of an 11th Circuit U.S. Court of Appeals ruling that although a merger between two Georgia hospitals would substantially... Read More

5th Circuit Reinstates University Executive Chef's Age Discrimination Claim
Posted on 4 Feb 2013 by Mealeys

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 1 ruled that a university executive chef may proceed with his age bias claim against his former employer; however, it upheld the rejection of the chef's claim seeking unpaid overtime (Victor... Read More

5th Circuit Says $67,500 Fee Goes To Attorney Who Worked On Vioxx Settlement
Posted on 8 Feb 2013 by Mealeys

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Feb. 7 said the Vioxx multidistrict litigation court properly awarded attorney fees from a settlement to the lawyer who represented the client during the settlement and not to another lawyer... Read More

En Banc 7th Circuit: FTAIA Is Not Jurisdictional Limitation On Antitrust Laws
Posted on 28 Jun 2012 by Mealeys

CHICAGO - The Foreign Trade Antitrust Improvements Act (FTAIA) establishes an element of a claim under the Sherman Act, rather than affects the subject-matter jurisdiction of the district courts, the Seventh Circuit U.S. Court of Appeals held June 27... Read More

3rd Circuit: Debtor's Change In Tax Status Not Property; Transfer Not Fraudulent
Posted on 23 May 2013 by Mealeys

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on May 21 vacated and remanded a ruling that a debtor could not treat its parent company's change in corporate tax status, which changed the debtor's tax obligation, as a fraudulent... Read More

Conspiracy Claims Related To 4G Standard Setting Survive Reconsideration Request
Posted on 20 Sep 2012 by Mealeys

PHILADELPHIA - A federal judge in Pennsylvania on Sept. 14 declined to reconsider or to certify for interlocutory appeal his ruling declining to dismiss allegations by a developer of technology used to locate mobile handsets that three corporate members... Read More

Federal Judge: 'The Policy Giveth And 'The Policy Taketh Away'
Posted on 28 Mar 2013 by Mealeys

LEXINGTON, Ky. - A Kentucky federal judge on March 27 found that an insurer has no duty to defend or indemnify its insured against underlying allegations that it misappropriated trade secrets by improperly accessing a claimant's customer database... Read More

Small-Employer Exception Applies In COBRA Case, 4th Circuit Rules
Posted on 4 Jan 2013 by Mealeys

RICHMOND, Va. - A purchase option that was in effect for four months of the relevant calendar year did not require that the two companies be considered a single employer for purposes of continuation health care coverage under the Consolidated Omnibus... Read More

5th Circuit: Monetary Damages May Constitute 'Appropriate Equitable Relief'
Posted on 21 Feb 2013 by Mealeys

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 19 ruled that surcharge is a potential remedy under the Employee Retirement Income Security Act Section 502(a)(3) for breach of fiduciary duty (Aaron Gearlds, Jr. v. Entergy Services, Incorporated... Read More

Tobacco Companies Fail To Bar Punitive Damages In Federal Injury Litigation
Posted on 8 Oct 2012 by Mealeys

JACKSONVILLE, Fla. - Plaintiffs asserting death and injury from smoking have asserted sufficient claims of corporate wrongdoing to warrant punitive damages, a Florida federal judge said in an Oct. 5 opinion, denying the companies' motion to strike... Read More

Abbott To Pay $1.5B In Civil, Criminal Penalties For Depakote Off-Label Promotion
Posted on 8 May 2012 by Mealeys

ABINGDON, Va. - Abbott Laboratories Inc. on May 7 pleaded guilty to one misdemeanor criminal charge and agreed to pay $1.5 billion in criminal fines, civil penalties and forfeiture for off-label marketing its anti-epilepsy drug Depakote despite knowing... Read More

5th Circuit Vacates Order For Class Arbitration, Remands For Bilateral Arbitration
Posted on 22 May 2012 by Mealeys

NEW ORLEANS - An arbitrator exceeded his powers when he ordered that an online school and a former student must submit to class arbitration in a dispute over the validity of the degrees provided by the school, the Fifth Circuit U.S. Court of Appeals ruled... Read More

New York Appeals Panel Says Asbestos Exposure Locations May Determine Occurrences
Posted on 11 Jun 2012 by Mealeys

NEW YORK - A New York appellate panel on June 7 affirmed a lower court decision and held that more discovery is required before it can be determined how many occurrences are involved in a large number of asbestos-related claims (Mt. McKinley Insurance... Read More

Remaining Securities Law Claim Against Former Diebold Director Dismissed
Posted on 2 Nov 2012 by Mealeys

CLEVELAND - A federal judge in Ohio on Nov. 1 dismissed the remaining federal securities law claim brought against former director of corporate accounting for Diebold Inc. Sandra K. Miller, granting a joint motion filed by Miller and the lead plaintiff... Read More

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