(United States Seventh Circuit) - Reversed. The court reversed the dismissal of a class action consumer fraud and deceptive business case involving cat food labeled prescription cat food that was not materially different from regular cat food. The fraud claim was sufficiently pled and the Food, Drug and Cosmetic Act's safe harbor didn't apply.

(United States Seventh Circuit) - Plaintiff, an abortion care provider, sought a license from the State of Indiana to operate a clinic. Plaintiff made two unsuccessful license applications over a two-year period before resorting to the federal courts. The district court granted Plaintiff preliminary relief based on the likelihood that it would be successful at trial. Indiana appealed seeking a stay on the relief. Appellate ordered that Indiana should treat Plaintiff as though it were provisionally licensed while the litigation proceeds.

(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.

(United States Ninth Circuit) - Reversed and remanded. The district court’s order vacating a registered judgement is reversed, holding that a court need not have personal jurisdiction over a judgment debtor in order to “merely register” a previously obtained judgment.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

(United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity.

(United States Fifth Circuit) - Partially vacated, otherwise affirmed, and remanded. The dismissal of breach of contract claims were vacated, but judgments dismissing civil conspiracy claims and refusal to submit punitive damages claims to a jury were affirmed in a case involving disputes over discounts to charges for physical therapy patients covered by workers' compensation insurance.

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.

(United States Ninth Circuit) - In an SEC enforcement action arising from the activities of a company described as a "sham incubator for startup companies", summary judgment ruling against defendant is affirmed in part and reversed and remanded in part where: 1) the district court correctly found that defendant was an underwriter under section 2(11) of the Securities Act of 1933, and therefore not exempt from the the Act's registration requirements; 2) it did not err in ordering that defendant disgorge all profits, with interest, he obtained from certain transactions; but 3) genuine issues of material fact precluded summary judgment as to the imposition of certain civil sanctions.

(United States Eighth Circuit) - In an action against Missouri Department of Natural Resources officials claiming denial of equal protection, tortious interference with contract, and First Amendment retaliation, partial summary judgment for defendant on the First Amendment claim and judgment pursuant to jury verdict for plaintiff on the tortious-interference claim are affirmed where: 1) plaintiff had no standing to assert the First Amendment claim; 2) defendant's motions for judgment as a matter of law could not be the basis of an appeal; 3) the district court properly refused defendant's "official duties" and "official immunity" instructions; and 4) the district court had subject matter jurisdiction over the tortious-interference claim.

(United States Ninth Circuit) - In a contract and tort action arising from the parties' execution of a Stock Purchase Agreement (SPA), summary judgment for defendant on limitations grounds is reversed where a provision within the SPA permitting the representations and warranties of the parties to survive closing did not unambiguously state the parties' intent to contractually reduce the applicable California statute of limitation to one year.

(United States Seventh Circuit) - In a suit arising out of alleged fraud by officers of a corporation acquired by defendant, a preliminary injunction preventing defendant from proceeding with an arbitration hearing on the fraud claims is affirmed where the merger agreement between the two companies did not mandate arbitration of the types of claims defendant asserted against plaintiffs.

(United States DC Circuit) - Denial of the FTC's request for a preliminary injunction against the merger of the Whole Foods and Wild Oats supermarket chains is reversed and remanded where: 1) the case was not moot despite the merger's having already occurred; 2) the district court did not abuse its discretion by considering the market definition proposed by the FTC, in which Whole Foods and Wild Oats compete in the "premium, natural, and organic supermarkets" (PNOS) market, not against all supermarkets; 3) the FTC met the threshold requirements for obtaining a preliminary injunction by demonstrating a likelihood of success on its claim that the two supermarkets did compete in the PNOS market; and 4) the district court was best positioned to balance the FTC's showing against the equities weighing against an injunction. (Amended and reissued opinion)

(Supreme Court of Delaware) - In response to four certified questions from a district court relating to Delaware's Escheat Statute, the Supreme Court of Delaware finds: 1) the new definition of "period of dormancy" for stocks in 12 Del. C. section 1198(9) does not apply retroactively in civil actions involving stocks that were escheated prior to June 30, 2008; 2) common law or statutory causes of actions against parties that are involved in an escheat transaction (other than the State of Delaware) are not superseded by the Escheat Statute. Causes of action for negligence, conversion, and "failure to register" might be available if adequately pleaded, but the court is unable to opine on the question of whether a claim for breach of fiduciary duty or "some other cause of action" is viable against defendants; 3) only the immunity granted by 12 Del. C. section 1203(b) applies in this case involving escheatment of stock; and 4) "Good faith" under 12 Del. C. section 1203(b) is an affirmative defense, the substantive elements of which must be pleaded and proved by the defendant that claims immunity.

(United States Ninth Circuit) - In an action alleging RICO violations in connection with defendants' acquisition of a Polish telecommunications company, the dismissal of the action on forum non conveniens grounds is affirmed where the relevant evidence and witnesses were located in Poland and plaintiff was engaging in forum-shopping.

(United States Seventh Circuit) - In Chapter 7 bankruptcy proceedings in which the trustee filed an adversary action against the defendants claiming fraudulent conveyance under the section 4(a)(2) of the Uniform Fraudulent Transfer Act, judgment in favor of the trustee is affirmed in part and reversed in part where: 1) bankruptcy court did not commit clear error in finding that the statutory condition for a fraudulent conveyance was satisfied; and 2) district court's ruling with respect to the dividend is reversed as the trustee is entitled to the dividend because it was an integral part of the leveraged buy-out.

(United States Second Circuit) - In a securities class action alleging that defendants fraudulently accounted for a transaction, summary judgment for defendants is affirmed where: 1) plaintiffs failed to prove loss causation because their expert's testimony did not suffice to draw the requisite causal connection between the information in the article at issue and the fraud alleged in the complaint; and 2) the generalized investor reaction of concern causing a temporary share price decline was far too tenuously connected -- indeed, by a metaphoric thread -- to the transaction to support liability.

(United States Federal Circuit) - In one of the last Winstar cases arising out of the savings and loan crisis of the late 1970s and early 1980s, involving a plaintiff's suit alleging that the adoption of the FIRREA and its implementing regulations breached the government's obligations under the supervisory merger contracts, judgment of the trial court in favor of the plaintiff is affirmed in part and remanded in part where: 1) the trial court did not commit clear err in finding that it was foreseeable that the breach would result in lost profits to plaintiff in an amount commensurate with the ultimate award for lost profits; 2) the trial court did not err in finding of a causal connection between the government's breach of contract and plaintiff's sale of RFC (a mortgage banking company); 3) the trial court did not err in awarding lost profit damages attributable to plaintiff's forced sale of RFC; 4) the trial court permissibly concluded that NAMCO (mortgage company) was a reasonable commercial substitute for RFC, and its purchase thus qualified as mitigation for the loss of RFC; but 5) the case is remanded to allow the trial court to determine whether an error was made in offsetting plaintiff's mitigation costs by NAMCO's retained earnings through 1997 and, if so, how to correct the error.

(United States Seventh Circuit) - Judgment of the Tax Court that plaintiff could not deduct from its taxable income either the amount it paid to the states or the legal expenses that it had incurred in the litigation, involving the acquisition of Blue Cross Blue Shield insurance companies, is affirmed as, under the application of the "origin of the claim" doctrine, costs incurred in defending the lawsuit were capital expenditures and so could not be deducted as ordinary and necessary business expenses.

(United States Ninth Circuit) - In an action claiming that Cingular Wireless, after its merger with AT&T, disregarded its obligations under plaintiff's phone service contract with AT&T by failing to provide adequate service coverage and requiring plaintiff to sign a different contract with defendant if he desired to get the service that AT&T had contracted to provide under the first agreement, and that Cingular misrepresented and omitted key facts about the consequence of the merger to the FCC, dismissal of the complaint is affirmed in part where: 1) "all the advantages that only the nation's largest wireless company can provide" was a vague statement and provided nothing concrete upon which plaintiff could reasonably rely; 2) plaintiff failed to allege that he actually read or heard the alleged misrepresentations; and 3) violations of the common law of unfair competition and breach of contract did not alone violate California's Unfair Competition Law. However, the dismissal is reversed in part where plaintiff's complaint sufficiently stated a claim that Cingular breached its contract with him.

(California Court of Appeal) - In a stockholder's suit against a company and individual directors, claiming that both the acquisition process, and the common stock arising from the acquisition were unfair, the judgment of the trial court is affirmed in part, reversed in part and remanded where: 1) the doctrine of shareholder ratification does not bar the intervenor's claims; 2) the intervenor's complaint, which consists of a single cause of action states facts sufficient for a cause of action for breach of fiduciary duties as to the individual directors; and 3) trial court's judgment sustaining the demurrer as to the company is affirmed.

(United States Eighth Circuit) - District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case.

(United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice.

(United States Second Circuit) - In a RICO action alleging injury arising from the activities of an international criminal enterprise, or more specifically, "a massive racketeering scheme to take over a substantial portion of the Russian oil industry", dismissal of the action is affirmed where: 1) the question of the justiciability of the RICO claims was properly one of whether the complaint adequately stated a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff's claims were barred.

(United States Second Circuit) - In a RICO action alleging various injuries to plaintiff arising from the activities of defendants' alleged international criminal enterprise, the dismissal of the complaint is affirmed where: 1) the question of the justiciability of the RICO claims is properly one of whether the complaint adequately states a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff’s claims are barred.

(United States Second Circuit) - In antitrust dispute arising from a action by plaintiff seeking to prevent defendant-healthcare providers from merging, summary judgment in favor of defendants is affirmed where the district court's conclusion, that the market definition the plaintiff alleged as the basis of its claims is legally deficient, is a discretionary prerogative devoid of abuse.

(United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder.

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.

(United States Fifth Circuit) - Upheld an arbitration award in a business dispute involving one company's sale of certain assets to another. Affirmed the district court's confirmation of the arbitration award.

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(United States Supreme Court) - Held that the federal Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining. While six justices agreed that the state ban on uranium mining was not preempted, they divided on broader questions concerning statutory interpretation and preemption doctrine, and thus were unable to agree on the rationale for the decision. Justice Gorsuch delivered a plurality opinion, and several justices concurred in the judgment only.

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(California Court of Appeal) - Reversed. Plaintiff brought a petition for writ of mandate claiming the fee charged by Defendant, County of Alameda, for copies of official records violated Government Code section 27366. Trial court granted petition and issued a preliminary injunction against Defendant and awarded attorney fees to Plaintiff. Appeals court found that the County did not abuse its discretion in determining the fee it charged or that section 27366 was violated.

(California Court of Appeal) - Reversed and remanded. The trial court sustained the Defendant’s demurrer without leave to amend to Plaintiff’s third amended complaint. The appellate court held that Plaintiff made a sufficient showing for leave to amend and directed Plaintiff to amend their complaint consistent with this opinion.

(United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban.

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(United States Federal Circuit) - Affirming the district court's determination that patents relating to aspects of the production of an antibiotic compound were obvious implementations of disclosures made in other patents that would constitute nothing more than the routine way a skilled artisan would apply the patent's teachings.

(United States Federal Circuit) - In a patent infringement action, the district court's judgment for plaintiff Bayer is reversed where it clearly erred in determining that a skilled artisan would not have been motivated to create an oral disintegrating tablet version of an erectile dysfunction drug using specified sugar alcohols with the tablet formulated for immediate-release.

(United States Federal Circuit) - Affirming the district court's rulings in the case of a patent infringement claim relating to cardiovascular drugs where the court held that the plaintiff had proven that the defense's sale of proposed generic drugs with their proposed labels would induce physicians to infringe, and holding that none of the patents were invalid for obviousness.

(United States Federal Circuit) - Returning once again after climbing and descending the appellate ladder several times, the court held that the defendant had not forfeited its preemption defense and that the Biologics Price Competition and Innovation Act preempts state law remedies for an applicant's failure to comply with aspects of the Act, and affirming the dismissal of the state law claims.

(United States Federal Circuit) - Affirming the district court's finding of noninfringement and remanding to determine whether the on-sale bar applies in a case relating to an anti-coagulant drug because a different production method was distinguished from the patented method and a patent is invalid if the product was offered for sale and ready for patenting prior to the filing of the application.

(United States Second Circuit) - Affirming a district court decision holding that a putative class action suit that organic labeled baby formula included ingredients not permitted under the Organic Foods Production Act because their state law claims were preempted by the Act.

(United States First Circuit) - Affirming the district court dismissal of a case in which a class of purchasers of securities issued by a drug company that the investors said recklessly misled them about their target date for submitting an application to the Food and Drug Administration for a drug approval because the court did not err in finding that they had failed to state a claim.

(United States Federal Circuit) - Affirming the decision of the district court holding, after a bench trial, that the asserted claims of a patent relating to the treatment of schizophrenia with iloperidone administered based on the genotype of the patient were infringed and not invalid.

(United States Federal Circuit) - Affirming the judgment that Merck, initially defending its patent on Hepatitis C drugs against a competitor seeking to have them found invalid, who successfully counter-sued for infringement, had unclean hands regarding the patents and was properly barred from asserting its patents and awarded attorney fees to the plaintiff.

(United States Federal Circuit) - Vacating the Patent Trial and Appeal Board's dismissal of an interference claim for lack of standing and remanding for further proceedings because the description of a method for removing hair using nanoparticles to damage hair follicles was a sufficient written description under the Patent Act because although the description only gave optical density rather than particles per ml, this was enough of a disclosure to convey to those skilled in the art that the inventor had possession of the claimed subject matter.