Litigation

Recent Posts

Supreme Court Hears Arguments Over Vaccine Preemption
Posted on 12 Oct 2010 by Michael Lefkowitz

WASHINGTON, D.C. - (Mealey's) The extent to which tort claims for alleged vaccine injury are permitted by legislation that created a federal compensation system was brought before the U.S. Supreme Court Oct. 12 ( Russell Bruesewitz, et al. v. Wyeth... Read More

High Court's Certiorari Denial Allows Digital Music Antitrust Class To Proceed
Posted on 11 Jan 2011 by Mark Rogers

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 10 declined to grant a petition for certiorari filed by the nation's four top record labels, which sought review of a ruling by the Second Circuit U.S. Court of Appeals that allowed... Read More

Government Urges Dismissal Of Carbon Dioxide Lawsuits
Posted on 26 Aug 2010 by Samantha Drake

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced... Read More

U.S. Supreme Court Hears Arguments On FELA Causation Standards
Posted on 28 Mar 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Federal Employers' Liability Act (FELA) contains a proximate cause requirement, the attorney for CSX Transportation Inc. (CSXT) told the U.S. Supreme Court during oral arguments on March 28, urging the justices... Read More

Supreme Court Finds Employer Liable For Antimilitary Bias That Influenced Firing
Posted on 1 Mar 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) An employer is liable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for its management-level employee's antimilitary bias if that bias is intended to cause an adverse employment... Read More

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute
Posted on 13 Dec 2010 by Melissa Ritti

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold... Read More

Thomas O. Gorman On This Week In Securities Litigation - April 29
Posted on 29 Apr 2011 by Thomas O. Gorman

As the jury considers the fate of Raja Rajaratnam in the largest insider trading case brought in years, the Commission continued to implement Dodd-Frank, issuing more proposed rules. The Supreme Court heard oral argument this week in a case which may... Read More

High Court: Investors Properly Pleaded Materiality In Securities Class Action Suit
Posted on 23 Mar 2011 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 22 unanimously affirmed that shareholders of a drug maker properly showed that the drug maker violated federal securities law by failing to disclose that one of its products caused adverse... Read More

Supreme Court: No Third-Party Beneficiary Lawsuits Challenging Drug Prices
Posted on 29 Mar 2011 by Cheryl Keely

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on March 29 reversed a Ninth Circuit U.S. Court of Appeals decision in finding that a federal regulation imposing ceilings on prices drug manufacturers may charge for medications sold to health... Read More

High Court: No Prior Notice Required Before Credit Card Rates Were Raised
Posted on 24 Jan 2011 by Timothy Raub

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Jan. 24 unanimously ruled that a credit card holder was not entitled to prior notice before his card issuer raised his annual percentage rate (APR) because it was not required to give notice... Read More

High Court To Review Causation Issues Involving Rail Worker's Hand Injury
Posted on 29 Nov 2010 by Christopher Bauer

WASHINGTON, D.C. -- The U.S. Supreme Court on Nov. 29 granted a petition for a writ of certiorari filed by CSX Transportation Inc. seeking review of an $184,250 award to a railroad engineer who says the company is responsible for a hand injury he suffered... Read More

Veteran Supreme Court Reporter Analyzes Roberts Court's Form Of 'Judicial Activism'
Posted on 7 Jul 2011 by Gregg Lawson

PHILADELPHIA - Does the U.S. Supreme Court under Chief Justice John G. Roberts Jr. engage in judicial activism? Yes, according to a reporter who has covered the high court for more than 50 years. But, he says, that's not a negative quality, or unusual... Read More

John Castellano On Williams v. Illinois: Supreme Court to Decide Admissibility Under Confrontation Clause of Expert Testimony of DNA Results
Posted on 22 Nov 2011 by John M. Castellano

In Williams v. Illinois , the Supreme Court is poised to consider a critical Confrontation Clause issue that may determine the admissibility of DNA test results in thousands of prosecutions across the country. In this commentary, John Castellano, a 28... Read More

The Week In Securities Litigation: Securities Enforcement Focus Continues To Be SAC Capital
Posted on 24 May 2013 by Thomas O. Gorman

The focus this week in securities enforcement continues to be SAC Capital. The firm's owner received a grand jury subpoena in the on-going criminal and civil insider trading investigations being conducted by the Manhattan U.S. Attorney's Office... Read More