Financial trading in world markets has grown so fast that effective regulation is growing tougher by the second, increasing the threat of crashes sparked by hoaxes, glitches or yet-unknown causes.
The Obama administration recently began examining whether the healthcare reform law is inhibiting states from reporting the mentally ill to a gun control database.
The U.S. patent appeals court upheld a lower court's interpretation of telephone message marketing patents that kept the companies like AT&T, Nextel and Verizon clear of any infringement.
ENTERTAINMENT ? La. Athletics Down on the Bayou LLC v. Bayou Bowl Ass’n
OPINION ? Defendants run the “Bayou Bowl,” a Texas-Louisiana high school all-star football game. Plaintiff was an original organizer of the Bayou Bowl and claims to own a trademark in the name. But the court decided that plaintiff’s planning activities prior to the first game were not “use of the mark in commerce.” (M.D. La.)
UNFAIR COMPETITION ? FieldTurf USA Inc. v. TenCate Thiolon Middle East
OPINION ? Fiber that FieldTurf bought from TenCate degraded prematurely. FieldTurf introduced a competing fiber and sued TenCate. TenCate countersued for false advertising and unfair competition. FieldTurf won partial summary judgment due to TenCate’s lack of evidence of consumer confusion and failure to show financial injuries. (N.D. Ga.)
TRADE SECRETS ? Wellogix Inc. v. Accenture L.L.P.
OPINION ? Wellogix won a jury verdict of $26 million plus $68 million in punitive damages for Accenture’s misappropriation of Wellogix’ oil well construction paperwork software. Wellogix accepted a remittitur of $18 million on the punitive damages. The Fifth Circuit denied Accenture’s motion for a new trial, and found that the punitive damage award was not excessive. (5th Cir.)
CONSTRUCTION ? ProBuilders Specialty Ins. Co. v. Valley Corp.
ORDER ? Valley lost a $2 million lawsuit. ProBuilders does not want to pay on Valley’s insurance policy, claiming Valley made material misrepresentations. In requests for admissions, Valley identified subcontractors, but then tried to retreat from those admissions. The judge denied the amendment, finding it would inject unnecessary ambiguity into the case. (N.D. Cal.)
CONTRACTS ? B&E Gibson Enters. Inc. v. Darngavil Enters. LLC
OPINION ? Part of plaintiff’s case was dismissed under Florida’s contractual privity economic loss rule. When the Florida Supreme Court recently abrogated the rule in the Tiara Condo decision, plaintiff re-pled its case. But despite the change in the law the court found that plaintiff failed to allege a justifiable reliance on a false statement, and dismissed the case again. (M.D. Fla.)
Additional recently added cases
The complaint alleges that BP and others "engaged in willful and wanton misconduct" for their role in the 2010 Deepwater Horizon oil spill.
Over 50 federal lawsuits have been consolidated, alleging that the label for Bayer's Mirena failed to adequately warn that the device could perforate a woman's uterus and migrate to other parts of the body.
The former Justice Department antitrust lawyer and assistant U.S. Attorney said the strategies companies use to avoid violating the Foreign Corrupt Practices Act should be copied in an antitrust context.
The electronic Intellectual Property Exchange International, aimed at creating a more liquid, efficient market for IP, is expected to launch in the next few weeks.
The buyout that sparked the lawsuit at the center of the case in Manhattan federal court involves a company that was bought and sold in seven hours.
The commission filed its first class action using a 5-year-old law known as GINA, signaling it will actively sue employers it suspects of misusing genetic information to discriminate in the workplace.
New partner Michael Heimbold said he chose to join Sheppard Mullin because the firm has a broader footprint in California and internationally than Steptoe.
A look at the major events scheduled in bankruptcy court this week.
The judge found that USB cable maker Lotes Co Ltd's suit against competitors was not allowed in U.S. courts, highlighting a split in the judiciary over a statute that limits the reach of U.S. antitrust law.
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