Litigation

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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

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape
Posted on 19 May 2015 by Ballard Spahr LLP

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review... Read More

9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict
Posted on 26 Jan 2015 by Tom Moylan

SAN FRANCISCO — (Mealey’s) A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs’ negligence per se claims were... 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

Judge Blocks 4 Provisions Of Arizona Immigration Law
Posted on 29 Jul 2010 by LexisNexis Litigation Resource Community Staff

PHOENIX -- A federal judge in Arizona on July 28 stopped four provisions of Arizona's new, controversial immigration law from going into effect ( United States of America v. State of Arizona, et al. , No. CV 10-1413-PHX-SRB, D. Ariz.). They are... Read More

To Violate FDCPA, Collection Letter Must 'Expressly' Require Written Debt Dispute, Ninth Circuit Holds
Posted on 16 Jun 2012 by Ballard Spahr LLP

A collection letter that implicitly requires a debtor to dispute a debt in writing does not violate the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Ninth Circuit has ruled. In its June 8, 2012, decision in Riggs v. Prober... Read More

Vaccine Design Defect, Warning Claims By Parents Are Preempted, 9th Circuit Says
Posted on 27 Sep 2012 by LexisNexis Litigation Resource Community Staff

SAN FRANCISCO - (Mealey's) The Ninth Circuit U.S. Court of Appeals on Sept. 25 said design defect and failure-to-warn claims filed by the parents of a child who died after getting vaccinated are preempted by the federal vaccine law, but noted that... Read More

William A. Ruskin: Chuck Yeager's Sham Affidavit Not 'The Right Stuff'
Posted on 9 Nov 2012 by William A. Ruskin

By William A. Ruskin Practitioners should be cognizant of the "Sham Affidavit" rule and how it can be applied to self-serving attempts to manufacture issues of fact for the purpose of defeating summary judgment. In an excellent article titled... 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

Fulbright Briefing: 9th Circuit Weighs in on Corporate Liability and Exhaustion Under the Alien Tort Statute
Posted on 15 Nov 2011 by Norton Rose Fulbright

A recent Ninth Circuit decision reiterated that corporations may be held liable under the Alien Tort Statute ("ATS") and clarified that the availability of relief under the ATS may rely on exhaustion of local remedies. On October 25, 2011, a... Read More