A dilemma
A price-fixer cheats his buyers, but he may also do something worse — frighten them into doing nothing about it.
Last week, the Third Circuit made a ruling that will calm victims’ fears. Instead of bringing a claim they don’t want to prosecute, the court held, they may freely assign it to someone
Scary case
After a trip to the Supreme Court and back, a massive case against 16 of the world’s largest banks for rigging the London inter-bank offer rate (LIBOR) — “the world’s most important number” — will return to the district court in Manhattan scarier than ever for the defendants. Gelboim v. Bank of Am.
Snares
Patent law features so many traps that even the wary fall in one now and then. It happened again last week. This time the ruling concerned standing, an issue that goes to the power of a court to decide a case.
A narrow license
The case involved a patent on "Gelatinous Elastomer Compositions and
The South Florida Water Management District took funds from the Federal Emergency Management Agency, not to fix hurricane damage to levees and canals but to make "permanent flood control repairs". United States ex rel. Lesinski v. South Florida Water Mgmt. Dist., No. 12-16082 (11th Cir. Jan. 2, 2014).
Or so an ex-employee of the District alleged in a
The Fourth Circuit reversed a judgment that awarded nothing — zilch — on a winning $50 million False Claims Act claim for civil penalties.
The panel first ruled that FSA relator Kurt Bunk had "standing" to sue under the statute despite his lack of personal injury. The harm to the federal government (from a scheme
When a Russian hands you a shot glass and as you drink down the clear liquid shouts ze vashe zdrovye!, he means to your health!
The vodka won't in fact extend your life, but it could make you giddy for awhile.
Russians may need a drink after last week's thrashing in the Second Circuit. Two entities from the
Nike of Samothrace (ca. 190 BC), in the Louvre.
Nike, the Greek goddess, symbolizes victory.
Nike, Inc., which started in 1964 as Blue Ribbon Sports, plays on the triumphalist theme. And this week it won a fight not by conventional means but by fleeing the field of battle.
Nike had sued a rival
You'd think that a corporation would have to have some gall if it sued its officers and directors for prolonging its life.
Even if they defrauded lenders out of the money that kept the firm chugging far past the point of genuine insolvency.
Does the situation change if the company ends up in chapter 11 and the bankruptcy
Doing things out of proper sequence can require a do-over. But in law, as elsewhere, the do-over may come too late.
Just ask Abraxis, a drug maker that today lost a lawsuit because the company it bought patents from didn't own them at the time.
Abraxis signed an Asset Purchase Agreement with AstraZeneca in April 2006.
Blawgletter recalls early on hearing about "the bow tie rule". People who wear bow ties, the rule supposes, want to stand out. They regard themselves as unique. They desire others to see visible proof of their disdain for norms, wardrobe-wise and otherwise. And you don't want them on your jury. They'll tend to disagree with other