Law Advice

PHILADELPHIA – Bayer Corp. on Feb. 1 failed in its bid to get the Pennsylvania Supreme Court to dismiss nine Yaz/Yasmin birth control pill cases on the basis of forum non conveniens (Erika Diaz v. Bayer Corporation, et al., No. 116 EM 2011, John Gibbs II, et al. v. Bayer Corporation, et al., No. 117 [...]

NEW ORLEANS – The Louisiana Supreme Court on Jan. 24 overturned a judgment for a woman injured in a trip and fall accident on a municipality’s sidewalk, concluding that the deviation on the walkway did not present an unreasonable risk of harm (Arlene Chambers v. Village of Moreauville, No. 2011-C-898, La. Sup.; 2012 La. LEXIS [...]

ANCHORAGE, Alaska – A passenger who was injured in an auto accident has the right to sue the driver’s insurer for bad faith as an intended beneficiary, the Alaska Supreme Court ruled Jan. 20, reversing a trial court’s judgment that that the insurer did not owe the passenger a duty of good faith and fair [...]

Gov. Chris Christie has announced two nominees who, if confirmed, would become the first Asian-American and the first openly gay justice on New Jersey’s Supreme Court. The candidates are First Assistant New Jersey Attorney General Phillip Kwon and Bruce Harris, Chatham mayor and of counsel to Greenberg Traurig. View full post on Law.com – Newswire

WILMINGTON, Del. – The Delaware Supreme Court on Jan. 19 affirmed a lower court decision in a shareholder derivative suit that presuit demand on a corporation’s board of directors was not excused (Marylynn Hartsel, et al. v. The Vanguard Group, Inc, et al., No. 306, 2011, Del. Sup.). View full post on LexisNexis® Mealey’s™ Daily [...]

A class of consumers challenging “pay for delay” drug settlements is asking California’s Supreme Court to find that pharmaceutical patent holders violate antitrust laws when they pay competitors to put off the potential release of generic medicines — a practice estimated to cost consumers $3.5 billion a year in inflated prices. View full post on [...]

HARTFORD, Conn. – A nonunion contractor has standing to challenge prebid specifications requiring the successful bidder to use union labor under the Connecticut Antitrust Act, the Connecticut Supreme Court ruled Jan. 17 (Electrical Contractors, Inc., et al. v. Department of Education, et al., No. SC 18525, Conn.; 2012 Conn. LEXIS 6). View full post on [...]

TALLAHASSEE, Fla. – An insured’s $ 29,300 attorney fee award under Florida Statutes Section 627.428(1) is not within the coverage of her insurance policy, and, therefore, it is not a covered claim under Florida Statutes Section 631.54(3), the Florida Supreme Court affirmed Jan. 19 (Diane Petty, et al. v. Florida Insurance Guaranty Association, No. 10-2097, [...]

WASHINGTON, D.C. – The U.S. Supreme Court on Jan. 17 declined to review a 10th Circuit U.S. Court of Appeals ruling that a city in Oklahoma is not entitled to state-action immunity in an electricity provider’s lawsuit alleging that the city unlawfully tied its provision of electricity to sewage services in an area that it [...]

WASHINGTON, D.C. – The U.S. Supreme Court on Jan. 17 declined to review a Third Circuit U.S. Court of Appeals ruling that AT&T Inc.’s conversion of its defined benefits plan for management employees to a cash-balance plan did not violate the Age Discrimination in Employment Act (ADEA) or the Employee Retirement Income Security Act’s disclosure, [...]