Law Advice

Roommates.com has scored a big victory with a 9th Circuit ruling that it can collect personal information from users and match potential roommates according to traits like gender and sexual preference. The panel held that roommate selection is covered by a constitutional right to association. View full post on Law.com – Newswire

SAN FRANCISCO – A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 27 ruled that a debtor, which was a subsidiary of a parent company in Chapter 11 bankruptcy, was a single asset real estate debtor under the Bankruptcy Code; therefore, the automatic stay was lifted (Meruelo Maddux Properties 760 Hill Street [...]

NEW ORLEANS – A panel of the Fifth Circuit U.S. Court of Appeals on Jan. 27 affirmed a ruling that awarded $ 3 million to a trustee on grounds that there was evidence that the debtor company had made fraudulent transfers before filing its petition (Guillermo De La Pena Stettner, et al. v. W. Steve [...]

A federal appellate panel ruled on Thursday that a San Francisco judge abused his discretion by ordering the release of a video recording of the trial over California’s Proposition 8, saying that he ignored a promise upon which supporters of the ban on gay marriage relied. View full post on Law.com – Newswire

ST. PAUL, Minn. – The Eighth Circuit U.S. Court of Appeals on Jan. 31 found that a Minnesota federal judge abused his discretion when he refused to approve a consent decree after finding that federal jurisdiction was not proved (Equal Employment Opportunity Commission, et al. v. Product Fabricators, Inc., No. 11-1241, 8th Cir.; 2012 U.S. [...]

PHILADELPHIA – A confessed murderer who sued Eli Lilly and Co. alleging that its Prozac antidepressant caused him to kill his father missed the statute of limitations for filing his claim, a panel of the Third Circuit U.S. Court of Appeals ruled Jan. 31 (Kurt Danysh v. Eli Lilly and Company, No. 11-3883, 3rd Cir.). [...]

CINCINNATI – The Sixth Circuit U.S. Court of Appeals on Jan. 31 upheld a National Labor Relations Board decision finding that Jackson Hospital Corp., doing business as Kentucky River Medical Center, violated the National Labor Relations Act when it fired eight employees because of their union support and participation in a strike and must pay [...]

NEW ORLEANS – A Stryker hip implant plaintiff adequately pleaded some claims that parallel federal requirements and are not preempted, a panel of the Fifth Circuit U.S. Court of Appeals ruled Jan. 31 (Alton Bass v. Stryker Corporation, et al., No. 11-10076, 5th Cir.). View full post on LexisNexis® Mealey’s™ Daily Legal News

NEW ORLEANS – A Fifth Circuit U.S. Court of Appeals panel on Jan. 31 affirmed a summary judgment award given to Wells Fargo Bank N.A. and its co-defendant in a foreclosure action after finding that they presented sufficient evidence that the plaintiff was properly notified that his property was being foreclosed upon and that it [...]

SAN FRANCISCO – A federal bankruptcy court had the discretion to decline to enforce an arbitration provision in a settlement agreement between Thorpe Insulation Co. and one of its insurers because resolution of the insurer’s claims for breach of the agreement was a core proceeding in Thorpe’s Chapter 11 case and having an arbitrator decide [...]