WASHINGTON, D.C. - A stipulation to a judgment of noninfringement will be revisited, following a Feb. 1 ruling by the Federal Circuit U.S. Court of Appeals (Craig Thorner and Virtual Realty Feedback Corporation v. Sony Computer Entertainment America LLC et al., No. 11-1114, Fed. Cir.).
Original post by LexisNexis® Mealey’sâ„¢ Daily Legal News
RENO, Nev. - A federal judge in Nevada on Feb. 2 granted the Federal Deposit Insurance Corp. and individual defendants’ motion to dismiss a suit arising from a loan plaintiffs took out with failed bank First National Bank of Nevada (FNB) (Parker’s Model T, et al. v. Federal Deposit Insurance Corp., et al., No. 10-00791, […]
PHILADELPHIA - The manufacturer and distributor of a version of the antidepressant Wellbutrin XL have agreed to settle via injunctive relief consumer fraud litigation claiming that the generic pill was deceptively labeled, a Pennsylvania federal judge said in a Feb. 1 order granting preliminary approval to the pact (In re: Budeprion XL Marketing and Sales […]
NEW ORLEANS - The Fifth U.S. Circuit Court of Appeals on Feb. 2 upheld the dismissal of a wrongful death action filed by the mother of a man killed in a helicopter crash, concluding that she could not recover damages under Louisiana law (Karen Nelson, et al. v. PHI Inc., et al., No. 11-30153, 5th […]
NEW ORLEANS - Physicians who performed a radical hysterectomy on an incarcerated woman are entitled to qualified immunity after the inmate sued claiming that her constitutional rights were violated when her ovary and lymph nodes were removed allegedly without her consent, a split Fifth Circuit U.S. Court of Appeals panel ruled Feb. 3 (Carrie Rahat […]
LAKE CHARLES, La. - A Louisiana appeals court panel on Feb. 1 affirmed the grant of class certification in a case alleging that a health care provider impermissibly demanded and/or collected sums in excess of the discounted rates negotiated with the plaintiffs’ health insurers (Keisha Desselle, et al. v. Acadian Ambulance Service Inc., No. 11-742, […]
SPRINGFIELD, Ill. - The Illinois Supreme Court on Feb. 2 unanimously affirmed a trial court’s dismissal of an environmental group’s claims that ExxonMobil Coal USA was in violation of the Surface Coal Mining Land Conservation and Reclamation Act (SCMLCRA) and Water Use Act of 1983 for site conditions at one of its mines because the […]
NEW YORK - A proposed class of Verizon Communications Inc. employees in a complaint alleging violations of the Family Medical Leave Act (FMLA) does not meet the commonality and typicality requirements for class certification, a New York federal judge held Feb. 1, citing the recent landmark U.S. Supreme Court case Wal-Mart Stores, Inc. v. Dukes […]
NEW ORLEANS - The Louisiana Supreme Court on Feb. 3 agreed to hear an insurer’s appeal of an appeals court’s finding that a lower court abused its discretion in denying claimants’ motion for a new trial in their medical malpractice lawsuit against the insurer and its doctor insured (Alfred Dupree, et al. v. Louisiana Medical […]
CHICAGO - A certified class of former employees of Abbott Laboratories failed to prove that Abbott created a spin-off unit to avoid paying retirement benefits in violation of Section 510 of the Employee Retirement Income Security Act, the Seventh Circuit U.S. Court of Appeals affirmed Feb. 3 (Myla Nauman, et al. v. Abbott Laboratories, et […]