Litigation

Recent Posts

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 Agrees To Address Standing Issue In Lawsuit Against Title Insurer
Posted on 20 Jun 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 decided that it would review a Ninth Circuit U.S. Court of Appeals ruling that a woman had standing to bring a suit against her title insurer for alleged violations of the Real Estate... Read More

Split High Court: Bankruptcy Courts Lack Constitutional Authority On Compulsory Counterclaims
Posted on 23 Jun 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on June 23 affirmed a Ninth Circuit U.S. Court of Appeals ruling that a bankruptcy court lacks the constitutional authority to enter final judgment on compulsory counterclaims to proofs of... Read More

Supreme Court Hears Copyright Dispute Over First-Sale Doctrine
Posted on 9 Nov 2010 by Melissa Ritti

WASHINGTON, D.C. -- The reach of the Copyright Act's first-sale doctrine, codified at 17 U.S. Code Section 109(a), was debated Nov. 8 by an eight-member panel of the U.S. Supreme Court in a dispute over watches lawfully manufactured abroad and sold... Read More

Free Download: Keller & Heckman Litigation Alert: 9th Circuit Rules State Law Failure-To-Warn Claims Against Manufacturers Of Generic Drugs Not Preempted By Federal Law
Posted on 2 Feb 2011 by Keller and Heckman LLP

On January 24, 2010, the Ninth Circuit Court of Appeals joined the Fifth and Eighth Circuits, in extending the Supreme Court's decision in Wyeth v. Levine to state law failure-to-warn claims against makers of generic drugs. The Ninth Circuit held... Read More

Class Certification In Lawsuit Against Costco Dismissed Based In Part On Wal-Mart v. Dukes
Posted on 23 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Shirley "Rae" Ellis, et al v. Costco Wholesale Corp., No. 07-15838 (9th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , presents one... Read More

Split U.S. Supreme Court: Federal Arbitration Act Preempts California Rule
Posted on 27 Apr 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Federal Arbitration Act (FAA) preempts a California rule established in Discover Bank v. Superior Court (113 P.3d 1100 [Cal. 2005]) that classifies most collective-arbitration waivers in consumer contracts as unconscionable... Read More

Duane Morris Alert: Supreme Court Orders 9th Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer
Posted on 21 Nov 2011 by Duane Morris LLP

During its October 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the Court's Mensing decision last term. The remand... Read More