“… [the case] demonstrates how the court system is grappling with an increasing number of wage & hour claims that threaten to overwhelm the system…” (Pullman & Comley) Did the Supreme Court just give employers a new tool for fighting Fair Labor Standards Act class-action lawsuits? From Todd Steenson at law firm Holland & Knight:… Read more »
Earlier this week, the Supreme Court issued a ruling that should change the nature of class-action lawsuits in the United States. In Comcast v. Behrend, more than two million current and former Comcast customers sought class certification to sue the cable company for overcharging its subscribers. The issue before the court? Joshua Roberts at law… Read more »
“At issue in Standard Fire Insurance Co. v. Knowles was the transparent attempt by a named plaintiff to ouster federal court jurisdiction by ‘stipulating’ that the damages sought through a class action complaint would not exceed the $5,000,000 minimum jurisdictional limit of CAFA.” (Barger & Wolen) On March 20, 2013, the Supreme Court handed down… Read more »
Welcome to the latest edition of the Corporate Law Report. You know what to do: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Gabelli v. SEC: Supreme Court in Gabelli: Clock Starts Ticking When Fraud Occurs, Not When It’s Discovered –… Read more »
“… the only federal crimes that have no statute of limitations are capital offenses that warrant the death penalty and certain terrorism, child abduction, and sex offenses. If the SEC were allowed an indefinite period of time in which to bring enforcement actions, the fraud alleged in those cases would be on par with the… Read more »
Earlier this week, the U.S. Supreme Court ruled that a promise not to sue a competitor for infringing its trademark means that Nike won’t have to face a lawsuit challenging the validity of that mark. Michael Boudett of law firm Foley Hoag explains: “Nike, having sued competitor Already LLC for infringing its marks, later issued… Read more »
Last week’s U.S. Supreme Court ruling on the constitutionality of the Patient Protection and Affordable Care Act means that states will need to act quickly to develop health insurance exchanges as mandated by the law. From law firm McKenna Long: “With the ACA emerging relatively unscathed in the Supreme Court’s ruling, exchange planners have a… Read more »
Last week’s U.S. Supreme Court ruling on the Patient Protection and Affordable Care Act provided insurance companies with a greater degree of certainty regarding health care reform than they have had since the act was first signed into law. Although legislative and legal challenges to the reforms continue (see updates by Patton Boggs and Littler),… Read more »
“Like insurance companies, institutional providers have devoted substantial effort and resources to preparing to comply with the Act’s requirements… Indeed, prior to the Court’s opinion, many institutional health care providers argued in favor of upholding the Act because the projected expansion of coverage to 30 million additional Americans would result in additional revenue for the… Read more »
On May 29, 2012, the Supreme Court ruled that debtors must allow lenders to “credit bid” when auctioning off assets as part of the bankruptcy reorganization process. Law firm Morrison & Foerster: “In a unanimous opinion in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, the Court held that a Chapter 11 plan of reorganization that… Read more »
What’s on your mind? Human trafficking, online advertising, corporate bribery, and legal issues for nonprofits, among other things. For your reference, here’s a look at the most-read Corporate Law Report posts over the past month: 1. California Transparency in Supply Chains Act Takes Effect January 1, 2012 “The California Transparency in Supply Chains Act of… Read more »
On April 17, 2012, the Supreme Court ruled in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S that generic drug makers can sue brand-name drug makers when the latter claim exaggerated descriptions of indications covered by their patented drugs. The Food and Drug Administration has historically allowed brand-name drug makers to write their own descriptions… Read more »
In a unanimous decision earlier this month, the Supreme Court ruled in Kappos v. Hyatt that a patent applicant has the right to present new evidence when appealing the rejection of their application. The ruling clarifies the procedures for introducing and evaluating new evidence in support of a denied patent application. For your reference, a roundup… Read more »
When a unanimous Supreme Court earlier this month rejected Prometheus’ claims that isolated DNA sequences are patentable (see Mayo v. Prometheus: SCOTUS Issues Landmark IP Law Opinion), many wondered if the diagnostic testing patents held by Myriad Genetics would meet a similar fate. It took less than one week to get the answer. On March… Read more »
Earlier this month, in In re American Express Merchants’ Litigation, the Second Circuit struck down — for the third time — an arbitration provision containing a class action waiver in an American Express credit card agreement. By ruling the class action waiver unenforceable, the decision sets up a potential conflict with the Supreme Court’s ruling… Read more »
