LexisNexis® Legal Newsroom
1st Circuit Affirms In Part, Reverses In Part Nomura Subprime Securities Suit Dismissal

As a result of the First Circuit's January 20, 2011 opinion, the plaintiffs in the Nomura Asset Acceptance Corporation mortgage-backed securities lawsuit have managed to revive a slender portion of their case, albeit on a rather precarious basis. The First Circuit otherwise affirmed the lower court's...

Court Rules On Jehovah's Witnesses Case In Puerto Rico

SAN JUAN, Puerto Rico - (AP) A federal appeals court in the United States has ordered gated communities across Puerto Rico to grant access to Jehovah's Witnesses so they can engage in their First Amendment right to proselytize. The ruling comes nearly seven years after two religious corporations...

1st Circuit: $21 Million Design Defect Verdict For Generic Drug Injury Not Preempted

BOSTON - (Mealey's) A panel of the First Circuit U.S. Court of Appeals on May 2 affirmed a $21 million generic drug injury verdict, finding that a 2011 Supreme Court ruling about generic drug injury claims does not preempt design defect claims ( Karen L. Bartlett v. Mutual Pharmaceutical Company...

U.S. Supreme Court Will Rule On Preemption Of Generic Drug Design Defect Claim

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 30 said it will review a First Circuit U.S. Court of Appeals ruling that a defective design claim involving a generic drug is not preempted by federal law, placing in jeopardy a $21 million verdict for a New Hampshire woman who suffered...

U.S. High Court Allows Solicitor General To Argue For Drug Design Defect Preemption

WASHINGTON, D.C. - (Mealey's) The U.S. solicitor general will be allowed to argue March 19 that design defect claims involving generic drugs are preempted by federal law, the U.S. Supreme Court decided March 4 in granting the federal government's motion to participate in oral arguments ( Mutual...

Federal Appeals Courts Set Aside Dismissals In 2 Securities Class Actions

In two decisions last week - one in the Sixth Circuit and one in the First Circuit - federal appellate courts set aside lower court dismissals of securities class action lawsuits. Although the two cases are different and the two appellate opinions address different legal issues, the two decisions both...

High Court To Determine Whether Presuit Demand Was Necessary In Securities Lawsuit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 agreed to hear an appeal of a First Circuit U.S. Court of Appeals ruling in a shareholder derivative lawsuit and determine whether the Circuit Court abused its discretion in determining that shareholders had properly shown that demand...