Does a class action judgment that released "any and all claims" against a defendant bar all class members' claims in a separate class action against that defendant?
The Ninth Circuit today held that enforcing such a release would violate the class members' due process rights. The first class case involved claims that Sprint improperly charged
The Antitrust Division in the U.S. Department of Justice told Blue Cross Blue Shield of Michigan that the AD would sue to stop BCBS from buying its main competitor in Lansing, Physicians Health Plan of Mid-Michigan. On Monday, BCBS called the merger off, according to the Antitrust Division.
Christine Varney, who heads the Antitrust
The Second Circuit held today that plaintiffs who alleged a securities fraud claim against Omnicom Group lacked proof of "loss causation" — an often fatal flaw in such cases. The panel affirmed summary judgment for the defendants.
Plaintiffs pointed to an expert's opinion that a disclosure in June 2002 prompted Omnicom's stock price to drop.
Confirmations in 2010
March 02, 2010 Barbara Milano Keenan, of Virginia, to be United States Circuit Judge for the Fourth Circuit.
February 09, 2010 Joseph A. Greenaway, Jr., of New Jersey, to be United States
Five years ago, Congress clamped down on small-time debtors by passing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The Act helped the consumer credit industry. No longer could people wipe out credit card and other debt by filing for liquidation under Chapter 7. They'd instead have to go under Chapter 13
The Federal Circuit, 2-1, affirmed an order holding EchoStar in contempt for violating a permanent injunction. The injunction issued after TiVo won a patent infringement case against EchoStar. The majority agreed with the district court that EchoStar's post-judgment redesign efforts didn't go far enough. TiVo, Inc. v. EchoStar Corp., No. 09-1374 (Fed. Cir.
The chair of the U.S. Judicial Panel on Multidistrict Litigation, John G. Heyburn (W.D. Ky.), gave an interview last month in The Third Branch: Newsletter of the Federal Courts. He talked about how the Panel promotes efficient litigation management. But most lawyers will want to know his thoughts on the "primary criteria" for choosing
The Seventh Circuit today turned back Whirlpool's effort to stop the hand-over of documents it claimed fell within its attorney-client privilege. The panel noted that, in Mohawk Indus., Inc. v. Carpenter, 130 S. Ct. 599 (2009) (post here), the Court barred appeals from pretrial orders that breached a claim of privilege. The panel also
Blawgletter long thought that you had to jump through a Copyright Office hoop before you could sue someone for using a copy of your “works” – cartoons you drew, paintings you painted, etchings you etched, and stuff you wrote. You had to get the CO to "register" your at-least-a-little-bit-original and in-a-tangible-medium output.
We knew that
The contract, after saying the parties "shall" arbitrate any dispute, adds:
Nothing in this clause shall prejudice Syntel or PowerShare's right to seek injunctive relief or any other equitable/legal relief or remedies available under law.
Does that mean Syntel or PowerShare can run to court? Because it allows "any . . . equitable/legal relief or remedies