The Washington Post reports today that questions from Supreme Court justices during oral argument in Wyeth v. Levine, No. 06-1249 (U.S.), suggest a narrow ruling on a broad question of federal preemption.
The case presents the sweeping issue of whether the Food and Drug Administration's "prescription drug labeling judgments" preempt state law claims for injuries that
Who will stay, and who will go?
The next president will appoint dozens of federal appellate judges during his four-year term – plus dozens more should he win re-election in 2012. What does that portend for the federal judiciary? Does it matter?
Let's start with the numbers. Not since 1971 have Democratic appointees formed a majority on the Court. On the current Roberts Court
Who'd want to patent this?
The Federal Circuit today upheld the affirmance by the Board of Patent Appeals and Interferences of a patent examiner's rejection of an application to patent a method of hedging risk in the field of commodities trading. In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) (en banc).
Got that?
Neither
Do you get more with a Kenmore?
Today the Seventh Circuit — with Judge Richard Posner tickling the keyboard — instructed a district judge to decertify a class action that challenged the audacity of Sears, Roebuck and Company in labelling a Kenmore-brand clothes dryer as sporting a "stainless steel drum" when in fact part of the
Judge Furgeson testifies at a House hearing.
The Judicial Panel on Multidistrict Litigation will hear a new slew of transfer motions on November 20 in Charleston, South Carolina. Notice of Hearing Session and Hearing Session Order here.
Blawgletter notes that the Panel has a new member — W. Royal Furgeson, Jr., who sits
Ahmad Chalabi — who some say played a crucial role in prompting the U.S. invasion of Iraq — today lost a legal battle against another Middle Eastern state, the Hashemite Kingdom of Jordan.
Chalabi alleged that Jordan committed torts and violated the Racketeer-Influence and Corrupt Organizations Act when in 1989 the kingdom seized Petra Bank
Recovering lawyer and editor Dahlia Lithwick — currently of Slate and Newsweek — today explores the surging role of lawyers in keeping elections honest (or at least trying to):
Election litigation is a boom industry, even in a crumbling economy. [Loyola election law professor Richard L.] Hasen recently published a study indicating that the number of lawsuits
One is reminded of a terrier.
Something about a class of overseas people suing an Australian bank about securities fraud that emanated from the world's smallest continent. They lost on subject matter grounds. Seems the U.S. Securities Exchange Act doesn't reach so far. Morrison v. National Australia Bank Ltd., No. 07-0583-cv (2d Cir.
I am slowly going insane. That's not a complaint.
Last month, the Second Circuit clarified its precedents on when a non-signatory to a contract that includes an arbitration clause may compel a signatory to arbitrate their dispute. Today, the court followed its decision in Sokol Holdings, Inc. v. BMB Munai, Inc., No. 07-2871 (2d Cir. Sept. 18, 2008), to turn back another non-signatory's effort to