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Archive for September, 2010

California Court Denies Rehearing In Unfair Newspaper Advertising Pricing Case

Thursday, September 23rd, 2010

SAN FRANCISCO - A California appeals court justice denied a newspaper’s request for rehearing Sept. 8, leaving stand a ruling affirming a $16 million verdict for the paper’s below-cost pricing of advertisements (Bay Guardian Co. v. New Times Media LLC, et al., No. A122448, Calif. App., 1st Dist., Div. 1; 2010 Cal. App. LEXIS 1573; […]

Beverage Maker Accused Of Misleading Consumers About Product’s Health Claims

Thursday, September 23rd, 2010

MIAMI - Beverage giant The Coca-Cola Co. is accused in a class action lawsuit filed Sept. 1 in Florida federal court of misleading consumers about the health benefits associated with drinking its VitaminWater products (Nicholas Armada, et al. v. The Coca-Cola Company, et al., No. 10-cv-61621, S.D. Fla.).
Full story on lexis.com
Original post by LexisNexis® Mealey’sâ„¢ […]

Insurer Owes Coverage For Environmental Suit, N.C. Federal Judge Says

Thursday, September 23rd, 2010

RALEIGH, N.C. - A pollution legal liability insurer has a duty to defend its insured in an underlying environmental contamination contribution action because none of the policy’s exclusions, including a waste disposal exclusion, applies to bar coverage, a North Carolina federal judge said Sept. 16 (Peace College of Raleigh Inc. v. American International Specialty Lines […]

U.S. High Court Still Won’t Review Tobacco Company’s RICO Foreign Reach Challenge

Thursday, September 23rd, 2010

WASHINGTON, D.C. - The U.S. Supreme Court said Sept.3 that it will not reconsider a foreign tobacco company’s petition for review of whether federal racketeering law has extraterritorial reach despite the company’s argument that a recent high court pronouncement in another case invalidated the government’s position (British American Tobacco Ltd. v. United States, et al., […]

Widow May Continue Benzene Suit Against Husband’s Employer, Texas Court Rules

Thursday, September 23rd, 2010

BEAUMONT, Texas - A trial court properly entered a take-nothing judgment on a benzene-exposure claim against Texaco Refining & Marketing Inc. but erred in granting summary judgment on a claim against Goodyear Tire & Rubber Co., a split Texas appeals court panel ruled Sept. 9 (Charlcie Pink v. Goodyear Tire & Rubber Co., et al., […]

Nursing Liability Claims Against CIGA Are Not Covered, Panel Affirms

Wednesday, September 22nd, 2010

LOS ANGELES - Insureds’ claims arising from nursing liability lawsuits are not covered claims with the California Insurance Guarantee Association (CIGA) because they failed to meet the deadline filing for claims with an insurer’s liquidator, a California appeals panel held Aug. 30 (HCM Healthcare Inc. and Madera Convalescent Hospital Inc. v. California Insurance Guarantee Association, […]

DDT Judge Orders Amaca To Pay Service Worker $807,641 For Meso

Wednesday, September 22nd, 2010

Case name: Phillips v. Amaca Pty Ltd. Case number: 375 of 2009 Court: New South Wales DDT Judge: John O’Meally
Full story on lexis.com
Original post by LexisNexis® Mealey’sâ„¢ Legal News

Personal Injury Practice Bonds With Technology

Tuesday, September 21st, 2010

There is perhaps no other law practice with more incentive to use a sophisticated document management and review system than the personal injury firm. But some firms are not convinced that type of software is worth the investment and are instead opting for less costly generic tools.
Original post by LexisNexis® Mealey’sâ„¢ Legal News

Federal Circuit Blocks ADHD Generic Drug Launch Pending Appeal

Tuesday, September 21st, 2010

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Aug. 31 granted an injunction pending an appeal to Eli Lilly to prevent several other pharmaceutical companies from launching a generic version of a drug whose patent was found to be infringed but invalid (Eli Lilly and Company v. Actavis Elizabeth LLC, et al., […]

First-Sale Doctrine Ruling Correct, Watch Maker Tells Supreme Court

Tuesday, September 21st, 2010

Case: Costco Wholesale Corporation v. Omega, S.A., No. 08-1423, U.S. Sup.; See 9/3/10, Page 53. Respondent’s brief: Filed Aug31 by Omega SARespondent’s brief available 78-100920-013B
Full story on lexis.com
Original post by LexisNexis® Mealey’sâ„¢ Legal News

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