Justices will decide whether whether mutual fund employees are subject to the same whistle-blower protections as workers at publicly traded companies.
Financial trading in world markets has grown so fast that effective regulation is growing tougher by the second, increasing the threat of crashes sparked by hoaxes, glitches or yet unknown causes.
The Obama administration recently began examining whether the healthcare reform law is inhibiting states from reporting the mentally ill to a gun control database.
INTERNATIONAL TRADE - U.S. v. Adaptive MicroSystems LLC
OPINION AND ORDER - Court of International Trade applied Wisconsin law on liability of purchaser of company for existing unpaid import duties and penalties for misclassified imports of LED panels. Purchaser’s argument that it is not a mere continuation of the old company was rejected.(CIT)
HEALTH CARE – Sebelius v. Cloer
OPINION – Cloer brought a claim under the National Childhood Vaccine Injury Act, which allows an award of attorney fees to non-prevailing parties if their claim was in good faith and had a reasonable basis. Cloer’s claim was determined to be untimely, but the Supreme Court held that untimely petitions may qualify for attorney fees under the NCVIA. (U.S.)
CRIMINAL LAW – Metrish v. Lancaster
OPINION – When Lancaster killed his girlfriend, Michigan allowed a diminished capacity defense. By the time of his trial, the defense had been removed by the Michigan Supreme Court and Lancaster was not allowed to assert it; he was convicted of murder. A unanimous U.S. Supreme Court ruled that Lancaster was not entitled to federal habeas relief under the AEDPA. (U.S.)
ENTERTAINMENT – La. Athletics Down on the Bayou LLC v. Bayou Bowl Ass’n
OPINION – Defendants run the “Bayou Bowl,” a Texas-Louisiana high school all-star football game. Plaintiff was an original organizer of the Bayou Bowl and claims to own a trademark in the name. But the court decided that plaintiff’s planning activities prior to the first game were not “use of the mark in commerce.” (M.D. La.)
UNFAIR COMPETITION – FieldTurf USA Inc. v. TenCate Thiolon Middle East
OPINION – Fiber that FieldTurf bought from TenCate degraded prematurely. FieldTurf introduced a competing fiber and sued TenCate. TenCate countersued for false advertising and unfair competition. FieldTurf won partial summary judgment due to TenCate’s lack of evidence of consumer confusion and failure to show financial injuries. (N.D. Ga.)
The justices agreed to weigh whether federal law prevented a customer from suing an airline for kicking him out of its frequent flyer program for allegedly complaining too frequently about the service.
The top U.S. court ruled that the agency has authority to try to speed up the process for installing wireless communications towers when local governments have been slow to act.
The U.S. patent appeals court upheld a lower court's interpretation of telephone message marketing patents that kept companies like AT&T, Nextel and Verizon clear of any infringement.
The high court ruled on a unanimous vote that the Pennsylvania-based utility can claim $39 mln in U.S. foreign tax credits against a 1997 British windfall tax.
Two residents sued Greece, New York, in 2008, saying it was endorsing Christianity, a violation of the U.S. Constitution's First Amendment guarantee of separation of church and state.
The complaint alleges that BP and others "engaged in willful and wanton misconduct" for their role in the 2010 Deepwater Horizon oil spill.
Over 50 federal lawsuits have been consolidated, alleging that the label for Bayer's Mirena failed to adequately warn that the device could perforate a woman's uterus and migrate to other parts of the body.
The legal battle concerns devices, called cardiac resynchronization therapy, which monitor the heart to ensure that the left and right ventricles contract at the same time.
The former Justice Department antitrust lawyer and assistant U.S. Attorney said the strategies companies use to avoid violating the Foreign Corrupt Practices Act should be copied in an antitrust context.
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