Litigation

Recent Posts

Drug Pump Claims Preempted Expressly, Implicitly, 9th Circuit Panel Majority Says
Posted on 17 Apr 2012 by Tom Moylan

SAN FRANCISCO - (Mealey's) In a 2-1 ruling, a panel of the Ninth Circuit U.S. Court of Appeals said April 16 that claims that a Medtronic drug pump and spine catheter caused a plaintiff to become a paraplegic are preempted explicitly and implicitly... Read More

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading
Posted on 1 Jul 2014 by LexisNexis Legal Newsroom Staff

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising... Read More

U.S. Supreme Court Hears Arguments On Immunity For Private Attorney Retained By Government
Posted on 18 Jan 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) When a private attorney is temporarily retained by the government to work with or under government employees, that attorney is entitled to the same qualified immunity that government employees receive, the attorney representing... Read More

Abbey Spanier LLP: Will Supreme Court Address Class Action Fraud-On-The Market Presumption?
Posted on 19 Jan 2012 by Abbey Spanier

By Jill S. Abrams In December , we addressed the Ninth Circuit's recent decision in Connecticut Retirment Plans and Trust Funds v. Amgen, Inc., No. 0956965, 2011 U.S. App. LEXIS 22540 (9th Cir. Nov. 8, 2011) [ an enhanced version of this opinion... Read More

U.S. Supreme Court Rules Section 16(b) Claim Tolling Not Proper Under Whittaker Rule
Posted on 26 Mar 2012 by Timothy Raub

WASHINGTON, D.C. - (Mealey's) The Ninth Circuit U.S. Court of Appeals erred in ruling that the two-year statute of limitations claims brought pursuant to Section 16(b) of the Securities Exchange Act of 1934 are tolled until a Section 16(b) statement... Read More

U.S. High Court Denies Certiorari In Pull-Tab Lids Coverage Suit
Posted on 15 Nov 2011 by Jennifer Hans

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 refused to hear a pull-tab lid supplier's appeal of the Ninth Circuit U.S. Court of Appeals' ruling that there is no umbrella insurance coverage for its alleged $4.9 million in... Read More

Equitable Tolling Applies To Suits Under Federal Tort Claims Act, Split U.S. Supreme Court Rules
Posted on 22 Apr 2015 by Maureen McGuire

WASHINGTON, D.C. — (Mealey’s) The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision... Read More

U.S. Supreme Court Rules On Disability Benefits Calculation
Posted on 20 Mar 2012 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 ( Dana Roberts v.... Read More

Ballard Spahr LLP: 2 Federal Circuit Courts Weigh In Ahead Of Gomez
Posted on 17 Aug 2015 by Ballard Spahr LLP

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez , two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v. First Index, Inc. [ enhanced... Read More