Topic: Supreme Court

RadLAX & Credit Bidding Rights: “One of the Most Important Business Bankruptcy Cases in a Decade”

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 »

Most Popular Corporate Law Posts – Apr 2012

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 »

Supreme Court Rules Generic Drug Makers can Challenge Brand-Name Patents

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 »

Kappos v. Hyatt: Supreme Court Rules in Favor of Inventors

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 »

Supreme Court Remands Myriad Following Rejection of Prometheus Patents

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 »

Second Circuit Strikes Down Class Action Waiver

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 »

California Supreme Court Rules Against Expansion of Asbestos Liability in O’Neil v. Crane

On January 12, 2012, the California Supreme Court ruled in O’Neil v. Crane that a manufacturer may not be held liable for harm caused by another manufacturer’s product: “Recognizing plaintiffs’ claims would represent an unprecedented expansion of strict products liability. We decline to do so… The broad rule plaintiffs urge would not further the purposes of… Read more »

Redevelopment Agencies Eliminated: What’s Next for California?

We recently reported on the California Supreme Court decision in California Redevelopment Association v. Matosantos, which upheld a state law that will dissolve the nearly 400 redevelopment agencies across the state. But that isn’t likely to be the final word on the subject, as recent commentary and analysis on the ruling would seem to indicate:… Read more »

Redevelopment Agencies Eliminated in California Supreme Court Ruling

On December 29, 2011, the California Supreme Court upheld AB1X26, a bill designed to dissolve the nearly 400 redevelopment agencies across California and allow the state to recapture more than $1.7 billion previously earmarked for local projects. Because the Court also stopped AB1X27, which would have permitted the agencies to stay alive by surrendering a… Read more »

Stern v Marshall: Analysis of SCOTUS Bankruptcy Courts Decision

For your reference, here’s what you need to know about the Supreme Court’s Stern v Marshall ruling that bankruptcy courts don’t have the constitutional authority to rule on state law counterclaims:   A Shock to the Core: The Supreme Court Pries Jurisdiction Away From Bankruptcy Courts on Counterclaims to Proofs of Claim, And Possibly More (Sheppard Mullin Richter… Read more »

Patent Inducement to Infringe: Legal Updates on Supreme Court Decision

Hot news in Intellectual Property Law: several law firms have reported on the May 31, 2011 decision of the Supreme Court regarding when a company is liable for inducing another to infringe on a third party’s patent. Here are some of the salient comments: Supreme Court Ruling Redefines the Standard for Proving Inducement of Patent Infringement (Armstrong… Read more »