Law Advice

Apple’s lawyers at Morrison & Foerster have another shot at getting a temporary injunction to stop Samsung from selling its Galaxy tablet, after the Federal Circuit on Monday sided with Apple on one of several challenges to U.S. District Judge Lucy Koh’s denial of injunctive relief, sending it back on remand. View full post on [...]

When Ralph Thomas was tried for murder 26 years ago, he had only one witness in his corner: Vivian Cercy, a homeless woman whose barely coherent testimony implicated another man. Now, the Ninth Circuit has concluded that the failure of Thomas’ trial counsel to investigate her story required that Thomas be released from death row. [...]

In briefs filed with the Eleventh Circuit in a Foreign Corrupt Practices Act case, two former executives of Terra Telecommunications have raised a crucial issue that remains unsettled and has never been heard on appeal: What constitutes a “foreign official” under the FCPA? View full post on Law.com – Newswire

The First Circuit has revived a False Claims Act case based on alleged falsifications in a grant application to the National Institutes of Health. The unanimous panel vacated a summary judgment ruling for the defendants, Brigham and Women’s Hospital and individual researchers, and remanded the case. View full post on Law.com – Newswire

Stating that it lacked jurisdiction, the Ninth Circuit has declined to rule on a landmark challenge to delays by the U.S. Veterans Benefits Administration in providing mental health services and disability pay to thousands of veterans suffering from post-traumatic stress disorder. View full post on Law.com – Newswire

While saying that it was “questionable” that a spurned spouse’s alleged revenge plot became the subject of a federal prosecution under the law banning the use of chemical weapons, the U.S. Court of Appeals for the Third Circuit declined to rule that the Chemical Weapons Act was unconstitutional as applied in the case. View full [...]

Breaking with the Second Circuit, the Seventh Circuit has ruled that FLSA overtime rules don’t apply to sales representatives for Abbott and Eli Lilly, just as the U.S. Supreme Court is mulling GlaxoSmithKline’s obligations to sales reps in a similar case. View full post on Law.com – Newswire

A fired employee has no viable claim for retaliation under Title VII of the Civil Rights Law of 1964 for participating in an internal investigation prior to any proceeding before the Equal Employment Opportunity Commission, the Second Circuit has ruled in a case that presented two questions of first impression. View full post on Law.com [...]

The Second Circuit on Thursday rejected claims by a proposed class of CBS shareholders that company executives violated securities laws by ignoring red flags that CBS needed a stress test to assess its financial state as the economic crisis gained steam in 2008. View full post on Law.com – Newswire

Chicago Tribune 7th Circuit Blocks Eavesdropping LawCourthouse News ServiceBy JOSEPH CELENTINO CHICAGO (CN) – The 7th Circuit enjoined enforcement of Illinois' controversial eavesdropping law that makes it a felony, punishable by four to fifteen years in prison, to record law enforcement officers while working.Court ruling raises more questions about state eavesdropping lawThe State Journal-RegisterAppellate court [...]