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|Federal Circuit Judges Disagree on Use of Post Filing Date Evidence of Nonobviousness|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
October 30, 2014, previously published on October 21, 2014On October 20, 2014, the Federal Circuit issued an order denying the petition for rehearing or rehearing en banc filed in Bristol-Meyers Squibb Co. v. Teva Pharmaceuticals, USA, Inc. While the order itself may not be surprising, with two opinions concurring in the denial and two dissenting, it is...
|Title VII Severance Agreement Issue Remains in Legal Limbo: Judge Tosses EEOC’s Suit Against CVS Solely on Procedural Grounds|
Daniel Long; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 28, 2014, previously published on October 22, 2014Last month, we reported that an Illinois district court judge threw out the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. The judge there did so and promised to follow up with a written opinion. That opinion has now arrived, but it’s not the...
|In re Rural/Metro Corp. Stockholders Litigation: Delaware Chancery Court Holds Financial Advisor Liable for 83% of Damages to Stockholders in Connection with Aiding and Abetting Breaches of Fiduciary Duty by Board of Directors|
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Mitchell S. Eitel, Brian T. Frawley; Sullivan & Cromwell LLP;
October 28, 2014, previously published on October 17, 2014In an opinion issued on October 10, 2014, the Delaware Court of Chancery (VC Laster) determined post-trial that RBC Capital Markets, LLC (“RBC”), a financial advisor to Rural/Metro Corporation (“Rural”) in its 2011 sale, was liable for approximately $75.8 million in damages...
|New Red Light Camera Case Stops More than Just Traffic|
Leonard J. Dietzen, Chad E. Lipsky; Rumberger, Kirk & Caldwell Professional Association;
October 28, 2014, previously published on October 2014In an October 15, 2014, ruling, the Fourth District Court of Appeal struck down the City of Hollywood’s procedure for processing citations initiated by red light cameras. At issue was the level of control that third party vendors can have over the process. The court found this level to be no...
|First DCA Reinforces Plaintiff’s Burden in Constructive Knowledge Cases Involving Transitory Foreign Substances|
J. David Marsey; Rumberger, Kirk & Caldwell Professional Association;
October 28, 2014, previously published on October 2014In August 2014, the First District Court of Appeal interpreted a recently enacted statute that requires plaintiffs to prove actual or constructive knowledge of the presence of a transitory foreign substance before being held liable for plaintiff’s injuries sustained in a fall. In affirming...
|Are Sellers Required by Law to Disclose a Death or Murder in the Home?|
Michael T. Brown; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
October 28, 2014, previously published on October 17, 2014A few years ago, I purchased my home. It was an Estate Sale. As part of the negotiations, I inevitably asked my Realtor to enquire to the vendor’s Realtor, “did the deceased pass away in the home?” The Realtor for the vendor confirmed that as far as she knew, the deceased passed...
|Bombay High Court Rules in Favour of Vodafone India in $490 Million Tax Dispute|
Saionton Basu; Duane Morris;
October 28, 2014, previously published on October 14, 2014On 10 October 2014, the Bombay High Court delivered a judgment in favour of Vodafone India Services Private Limited (Vodafone India) in a long-pending USD 490 million tax dispute. The Vodafone India intra-group transaction that had triggered this tax controversy pertained to the financial year...
|The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2014, previously published on October 16, 2014A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?
|Third Circuit Holds That Envelope Revealing Consumer’s Account Number Violates the FDCPA|
Edward W. Chang, Francis X. Crowley, Kevin C. Rakowski, Wayne Streibich; Blank Rome LLP;
October 22, 2014, previously published on October 2014The Third Circuit Court of Appeals recently held that an envelope revealing a consumer’s account number through a clear plastic window constitutes a violation of the Fair Debt Collection Practices Act (“FDCPA”). In doing so, the Third Circuit reversed the District Court of the...
|M&A Update: Chancery Court Orders Financial Advisor to Pay Millions in Damages For Aiding and Abetting Breach of Fiduciary Duty|
Gregory A. Markel, William P. Mills, Martin L. Seidel; Cadwalader, Wickersham & Taft LLP;
October 22, 2014, previously published on October 13, 2014On October 10, 2014, Vice Chancellor Travis Laster ruled that RBC Capital was liable to the former stockholders of Rural/Metro Corporation for $75.8 million - representing 83% of the total damages - for aiding and abetting breaches of the duty of care by Rural/Metro’s board in connection with...