nc AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc. By feeds.findlaw.com Published On :: 2018-05-11T08:00:00+00:00 (United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action filed against the producer of several antiviral drugs used in the treatment of AIDS by an organization providing medical care to AIDS sufferers seeking to have patents declared invalid because the action failed to meet the requirements of the Declaratory Judgment Act. Full Article Health Law Civil Procedure Intellectual Property Drugs & Biotech Patent
nc Anacor Pharmaceuticals, Inc. v. Iancu By feeds.findlaw.com Published On :: 2018-05-14T08:00:00+00:00 (United States Federal Circuit) - Affirming the decision of the Patent Trial and Appeal Board in an inter partes review proceeding of patents relating to boron-containing small molecules used to treat fungal infections, holding that all of the claims of a patent owned by a company were unpatentable for obviousness. Full Article Intellectual Property Drugs & Biotech Patent
nc Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. By feeds.findlaw.com Published On :: 2018-05-16T08:00:00+00:00 (United States Federal Circuit) - Affirming in part and reversing in part the inter partes review decision of the US Patent and Trademark Office Patent Trial and Appeal Bard holding claims for methods of distributing nitric oxide gas cylinders for pharmaceutical applications used in treating respiratory failure as unpatentable as obvious because, while the Board didn't err as to most of the rulings, it did as to one. Full Article Intellectual Property Drugs & Biotech Patent
nc Endo Pharmaceuticals Solutions v. Custopharm Inc. By feeds.findlaw.com Published On :: 2018-07-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed the bench trial finding that valid patents still existed in a longstanding pharmaceutical drug called Aveed after defendant Custopharm was sued for patent infringement by Endo Pharmaceuticals and Bayer after seeking FDA approval to produce a generic version of Aveed. Full Article Patent Intellectual Property Drugs & Biotech
nc Jazz Pharmaceuticals Inc. v. Amneal Pharmaceuticals LLC By feeds.findlaw.com Published On :: 2018-07-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious. Full Article Patent Intellectual Property Drugs & Biotech
nc Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding. Full Article Drugs & Biotech Patent Indian Law Intellectual Property
nc US ex rel. Wood v. Allergan, Inc. By feeds.findlaw.com Published On :: 2018-08-09T08:00:00+00:00 (United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded. Full Article Drugs & Biotech Government Contracts
nc Khoja v. Orexigen Therapeutics, Inc. By feeds.findlaw.com Published On :: 2018-08-13T08:00:00+00:00 (United States Ninth Circuit) - Reversed in part the dismissal of a securities fraud class action alleging that a biotechnology firm misrepresented to investors the status of a clinical drug trial. An investor brought this suit contending that the company and certain top executives violated Section 10(b) of the Securities Exchange Act of 1934. On appeal, the Ninth Circuit held that the district court erred in part in dismissing the complaint for failure to state a claim. The panel also ruled that the district court abused its discretion in judicially noticing certain facts and in incorporating certain documents into the complaint. Full Article Drugs & Biotech Securities Law Civil Procedure
nc Gustavsen v. Alcon Laboratories, Inc. By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design. Full Article Consumer Protection Law Health Law Drugs & Biotech
nc Lifewatch Services Inc. v. Highmark Inc. By feeds.findlaw.com Published On :: 2018-08-28T08:00:00+00:00 (United States Third Circuit) - Reinstated a medical device seller's claim that certain Blue Cross Blue Shield health insurance companies violated antitrust law by unreasonably restraining trade in the national market for outpatient cardiac monitors. The seller of a cardiac monitoring device contended that it was shut out of the market because the defendants conspired to deny insurance coverage for its product to shield themselves from patient demand for it. Holding that the seller stated a claim under section 1 of the Sherman Act, the Third Circuit reversed dismissal of the complaint and remanded for further proceedings. Full Article Antitrust & Trade Regulation Health Law Drugs & Biotech
nc University of California v. Broad Institute, Inc. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed a judgment of no interference-in-fact in a patent case involving the CRISPR-Cas9 system for the targeted cutting of DNA molecules. The Federal Circuit found no error in the Patent Trial and Appeal Board's conclusion of no interference-in-fact, in this case pitting the Broad Institute, Inc., Massachusetts Institute of Technology, and others against the University of California, the University of Vienna, and others. Full Article Patent Intellectual Property Drugs & Biotech
nc Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc. By feeds.findlaw.com Published On :: 2018-10-16T08:00:00+00:00 (United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure. Full Article Civil Procedure Drugs & Biotech
nc Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. By feeds.findlaw.com Published On :: 2019-01-22T08:00:00+00:00 (United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion. Full Article Intellectual Property Drugs & Biotech Patent
nc Retractable Technologies, Inc. v. Becton Dickinson and Co. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims. Full Article False Advertising Drugs & Biotech Antitrust & Trade Regulation
nc Alyssa Milano Promotes Debunked Jimmy Kimmel Video Maligning Mike Pence: 'F*ck the GOP and This Administration' By feedproxy.google.com Published On :: Fri, 08 May 2020 22:38:01 +0000 Actress and left-wing activist Alyssa Milano has promoted a deceptively edited video about Vice President Mike Pence that was created by late-night talk show host Jimmy Kimmel -- even though the video has been debunked and Kimmel has publicly apologized for it. Full Article Entertainment Health Politics Alyssa Milano Jimmy Kimmel Mike Pence
nc Fmr RNC Chair Steele: Trump Will Bring Back Flynn -- 'That's His Russia Guy' By feedproxy.google.com Published On :: Fri, 08 May 2020 20:04:48 +0000 Friday, former Republican Party chairman Michael Steele said to "bet on" President Donald Trump would bring back former National Security Adviser Gen. Michael Flynn to his administration "in some form." Full Article 2020 Election Clips Politics Andrea Mitchell Donald Trump Michael Flynn Michael Steele MSNBC Russia
nc RNC Launches 'Protect the Vote' to Fight Left's Vote-by-Mail Scheme By feedproxy.google.com Published On :: Fri, 08 May 2020 19:55:04 +0000 The Republican National Committee (RNC) launched a digital platform on Friday called "Protect the Vote" as a response to the left's increasing attempts to use the coronavirus pandemic to push their election agenda items, such as universal mail-in voting. Full Article 2020 Election Politics Joe Biden Marc Elias Nancy Pelosi Protect the Vote Republican National Committee RNC Ronna McDaniel vote by mail voter fraud
nc Chechen Migrant Drags French Policeman Over 60 Feet to Escape Virus Check By feedproxy.google.com Published On :: Sat, 09 May 2020 08:27:59 +0000 A Chechen migrant was arrested in the commune of Montereau-Fault-Yonne after dragging a police officer 60 feet with his vehicle while trying to escape a Wuhan coronavirus lockdown checkpoint. Full Article Crime Immigration London / Europe anti-police anti-police violence Chechen migrant chechens Chechnya coronavirus diversity France lockdown Mass Migration Migrant Crisis Migrants Multiculturalism Wuhan coronavirus
nc Italy Announces Return to Public Worship on May 18th By feedproxy.google.com Published On :: Sat, 09 May 2020 14:10:39 +0000 Italy’s Catholic bishops’ conference (CEI) announced this week that an accord has been reached with the government for the re-initiation of public worship, with a series of restrictions. Full Article Faith Health London / Europe Catholic Church China Christianity Christians coronavirus COVID-19 Italy lockdown lockdowns pandemic public worship Wuhan Wuhan virus
nc Creepy Robot Dogs Patrol Singapore Parks to Enforce Social Distancing By feedproxy.google.com Published On :: Sat, 09 May 2020 16:43:59 +0000 Robot dogs named "Spot" have reportedly been dispatched to parks in Singapore to remind citizens of safe social distancing measures. Full Article Asia Health Tech Boston Dynamics Chinese virus coronavirus privacy and security Singapore Wuhan coronavirus
nc VeriSign, Inc. v. XYZ.COM LLC By feeds.findlaw.com Published On :: 2017-02-08T08:00:00+00:00 (United States Fourth Circuit) - In a suit brought by a company in the business of selling internet domain names and operates the popular .com and .net top-level domains, alleging its competitor made a series of statements touting the popularity of the .xyz domain and warning of a scarcity of desirable .com domain names which violated the Lanham Act's false advertising provisions, the district court's grant of summary judgment to defendant is affirmed where: 1) as to defendant's self-promoting statements, most of which concern its registration numbers, plaintiff failed to produce the required evidence that it suffered an actual injury as a direct result of defendant’s conduct; and 2) plaintiff did not establish that defendant's statements about the availability of suitable .com domain names were false or misleading statements of fact, as required for Lanham Act liability. Full Article Intellectual Property False Advertising Cyberspace Law
nc Flo & Eddie, Inc. v. Sirius XM Radio, Inc. By feeds.findlaw.com Published On :: 2017-02-16T08:00:00+00:00 (United States Second Circuit) - In a copyright infringement suit brought by the company that owns the recordings of the Turtles, a well-known rock band with a string of hits in the 1960s, on behalf of itself and a class of owners of pre-1972 recordings against largest radio and internet-radio broadcaster in the U.S., the district court's denial of defendant's motions for summary judgment and reconsideration is reversed where, in response to questions certified to the New York Court of Appeals, New York common law does not recognize a right of public performance for creators of pre-1972 sound recordings. Full Article Copyright Cyberspace Law Communications Law Entertainment Law Class Actions Intellectual Property
nc Glassdoor, Inc. v. Super. Ct. By feeds.findlaw.com Published On :: 2017-03-10T08:00:00+00:00 (California Court of Appeal) - In a dispute between a employer reviews website, brought by a video gaming company against the website operator, seeking the name of a Jane Doe reviewer who purportedly posted confidential information on the website about the employer in violation of a confidentiality agreement, the website operator's petition for a writ directing the trial court to set aside its order to reveal Doe's real name is granted where the employer failed to make a prima facie showing that Doe's statements disclosed confidential information in violation of the nondisclosure agreement. Full Article Cyberspace Law Contracts
nc Mason v. Machine Zone, Inc. By feeds.findlaw.com Published On :: 2017-03-17T08:00:00+00:00 (United States Fourth Circuit) - In a class action complaint against the developer of a mobile video game entitled 'Game of War: Fire Age', pursuant to Federal Rule of Civil Procedure 23(b)(3), asserting a claim under Maryland's gambling loss recovery statute (Loss Recovery Statute), Md. Code Ann., Crim. Law section 12-110, alleging plaintiffs lost money participating in an unlawful 'gaming device,' a component of Game of War that allows players to 'spin' a virtual wheel to win virtual prizes for use within that video game, and seeking recovery of gambling losses that players incurred as a result of 'spinning' the virtual wheel, the district court's dismissal of the complaint is affirmed where the district court correctly concluded that plaintiff did not 'lose money' within the meaning of the Loss Recovery Statute as a result of her participation in the Game of War casino, and thus she failed to state a claim under Maryland's Loss Recovery Statute. Full Article Gaming Law Cyberspace Law Criminal Law & Procedure
nc Mavrix Photographs, LLC. v LiveJournal, Inc. By feeds.findlaw.com Published On :: 2017-04-07T08:00:00+00:00 (United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents. Full Article Intellectual Property Copyright Cyberspace Law
nc Turner v. Hubbard Systems, Inc. By feeds.findlaw.com Published On :: 2017-04-19T08:00:00+00:00 (United States First Circuit) - In a suit brought by a solo law practitioner alleging that defendant violated the Computer Fraud and Abuse Act (CFAA) when it issued a software license key that expired on May 31, 2011, despite the fact that he owned a permanent license to the software at issue, the district court's order adopting the magistrate judge's report and recommendation, denying plaintiff's motion to strike, and granting HSI's motion for summary judgment are affirmed where plaintiff failed to establish the necessary $75,000 amount in controversy. Full Article Cyberspace Law Injury & Tort Law
nc Elliot v. Google, Inc. By feeds.findlaw.com Published On :: 2017-05-16T08:00:00+00:00 (United States Ninth Circuit) - In an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic, the district court's summary judgment in favor of defendant Google is affirmed where: 1) a claim of genericness or 'genericide,' where the public appropriates a trademark and uses it as a generic name for particular types of goods or services irrespective of its source, must be made with regard to a particular type of good or service; 2) the district court thus correctly focused on internet search engines rather than the 'act' of searching the internet; and 3) the verb use of the word 'google' to mean 'search the internet,' as opposed to adjective use, did not automatically constitute generic use. Full Article Intellectual Property Cyberspace Law Trademark
nc Mastermine Software, Inc. v. Microsoft Corp. By feeds.findlaw.com Published On :: 2017-10-30T08:00:00+00:00 (United States Federal Circuit) - In a patent action, construing the term 'pivot table' in relation to two of plaintiff's patents, the district court's 1) claim construction is affirmed as supported by intrinsic evidence; but its 2) indefiniteness determination is reversed because the claims' scopes are reasonably certain. Full Article Intellectual Property Patent Cyberspace Law
nc Axiom Foods, Inc. v. Acerchem Int'l By feeds.findlaw.com Published On :: 2017-11-01T08:00:00+00:00 (United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California. Full Article Civil Procedure Intellectual Property Copyright Cyberspace Law
nc Culliane v. Uber Technologies, Inc. By feeds.findlaw.com Published On :: 2018-06-25T08:00:00+00:00 (United States First Circuit) - Reversed and remanded in a case involving the enforcement of arbitration clauses in online contracts. Plaintiffs filed suit against defendant alleging violations of Massachusetts consumer-protection statute. Defendant operates a ride-sharing service requiring customers to register using the Uber App. In the app is a page that has a button that will take you to Terms and Conditions, which a user is not required to accept and which contains an agreement to arbitrate any dispute. The district court granted defendant's motion to compel arbitration and dismissed the complaint. In reversing and remanding the First Circuit held that the terms of the agreement were not reasonably communicated to plaintiffs. Full Article Civil Procedure Cyberspace Law Dispute Resolution & Arbitration
nc Modisette v. Apple Inc. By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (California Court of Appeal) - Held that Apple Inc. was not liable for a five-year-old girl's death and injuries to her family members that occurred when a driver using the FaceTime application on his iPhone crashed into her parents' car on a Texas highway. Affirmed dismissal of the complaint, concluding that Apple did not owe a duty of care and that the iPhone's design was not a proximate cause. Full Article Injury & Tort Law Product Liability Cyberspace Law
nc Meador v. Apple, Inc. By feeds.findlaw.com Published On :: 2018-12-18T08:00:00+00:00 (United States Fifth Circuit) - Held that Apple Inc. was not liable for a fatal car crash that happened when a distracted driver looked down to read a text message on her iPhone 5. The suit alleged that the iPhone caused the accident because it had no lockout mechanism. Affirmed dismissal of the complaint, holding that Texas law would not regard a driver's neurobiological response to a smartphone notification as a cause of a car crash. Full Article Injury & Tort Law Product Liability Cyberspace Law
nc Moss v. Princip By feeds.findlaw.com Published On :: 2019-01-16T08:00:00+00:00 (United States Fifth Circuit) - In a dispute over ownership of a lucrative YouTube channel, held that the district court had subject-matter jurisdiction and did not err in dismissing a nondiverse partnership as dispensable. Also affirmed a judgment entered on a jury verdict. Full Article Civil Procedure Cyberspace Law
nc Patel v. Zillow, Inc. By feeds.findlaw.com Published On :: 2019-02-08T08:00:00+00:00 (United States Seventh Circuit) - Held that homeowners could not proceed with a lawsuit against the real estate website Zillow, which allegedly estimated their homes to have inaccurately low values, thus making it difficult for them to obtain favorable sales prices. Affirmed a dismissal of their unfair trade practice and other claims. Full Article Cyberspace Law Property Law & Real Estate
nc HomeAway.com, Inc. v. City of Santa Monica By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Upheld a beach town's ordinance imposing restrictions on companies, such as Airbnb Inc., that host online platforms for short-term vacation rentals. The internet companies claimed that the ordinance impermissibly infringed their First Amendment rights or was preempted by federal law. Disagreeing, the Ninth Circuit affirmed the dismissal of their lawsuit seeking to enjoin the ordinance. Full Article Cyberspace Law Constitutional Law Landlord Tenant Law
nc VHT, Inc. v. Zillow Group, Inc. By feeds.findlaw.com Published On :: 2019-03-15T08:00:00+00:00 (United States Ninth Circuit) - In a copyright infringement lawsuit against the real estate website Zillow, reversed a judgment after a jury trial, in part. A photography studio claimed that Zillow violated its copyrights in photographs of homes. Full Article Cyberspace Law Property Law & Real Estate Copyright
nc Erickson Productions, Inc. v. Kast By feeds.findlaw.com Published On :: 2019-04-16T08:00:00+00:00 (United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful. Full Article Cyberspace Law Copyright
nc BWP Media USA Inc. v. Polyvore, Inc. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act. Full Article Media Law Cyberspace Law Copyright
nc Duguid v. Facebook, Inc. By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (United States Ninth Circuit) - Struck down as unconstitutional a 2015 amendment to the federal Telephone Consumer Protection Act that created a debt-collection exception. The issue arose in a consumer lawsuit alleging that Facebook unlawfully sent text messages using an automated telephone dialing system (to alert users, as a security precaution, when their account was accessed from an unrecognized device). Reversed the dismissal of a proposed class action. Full Article Cyberspace Law Communications Law Debt Collection
nc White v. Square, Inc. By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (Supreme Court of California) - The issue is whether or not California’s Unruh Civil Rights Act can be used to bring a claim against a business when the Plaintiff visits the business’s website with the intention of using its services only to be allegedly denied full and equal access to its services and then Plaintiff leaves without entering into an agreement with the service provider. The Court answered in the affirmative. Full Article Civil Rights Cyberspace Law
nc Nick Heyward Announces His 2018 UK Tour Following The Release Of His New Album 'Woodland Echoes' By feedproxy.google.com Published On :: Following The Release Of His Critically Acclaimed New Album Woodland Echoes That Entered At No. 4 In The Independent Album Charts, Nick Heyward Has Announced A UK Tour For 2018. Full Article
nc French Singer And Songwriter Ned Has Released Her Debut UK Single 'Give Me More' By feedproxy.google.com Published On :: French Native Songstress Ned Released Her Debut UK Single Give Me More On 6th April 2018 Full Article
nc French EDM Composer DP Releases New Album 'House Vol. 1' By feedproxy.google.com Published On :: The French Composer Of EDM Known Internationally As DP Has Released His Latest LP Record, House Vol. 1 Full Article
nc French Singer Ned Has Released The Video For Her Single 'Give Me More' By feedproxy.google.com Published On :: The Video Was Released On April 25th Full Article
nc Atlantic Screen Music Marks 10th Year Anniversary By Acquiring Redfive Creative, A Noted, UK-Based Music Supervision & Sync Company By feedproxy.google.com Published On :: ASM Completes Its 150th Film Score And Retains Jonathan Firstenberg As North American Rep Full Article
nc China Agritech, Inc. v. Resh By feeds.findlaw.com Published On :: 2018-06-11T08:00:00+00:00 (United States Supreme Court) - Holding that a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual claim, commence a class action anew beyond the time allowed by the applicable statute of limitations and reversing and remanding the Ninth Circuit's reversal of a District Court dismissal of an untimely class complaint. Full Article Class Actions Civil Procedure
nc Walsh v. Defenders, Inc. By feeds.findlaw.com Published On :: 2018-07-09T08:00:00+00:00 (United States Third Circuit) - Affirmed an order remanding a consumer class action to state court. The defendant home security equipment businesses had removed the case to federal court under the Class Action Fairness Act, but the plaintiffs showed that an exception to CAFA jurisdiction applied. The Third Circuit noted that under the local-controversy exception, a district court must decline to exercise jurisdiction over a class action involving a uniquely local controversy, as defined in the statute. Full Article Consumer Protection Law Class Actions Injury & Tort Law
nc True Health Chiropractic Inc. v. McKesson Corp. By feeds.findlaw.com Published On :: 2018-07-17T08:00:00+00:00 (United States Ninth Circuit) - Reversed the denial of class certification in an action where a healthcare company was accused of unlawfully sending unsolicited faxed advertisements in violation of the U.S. Telephone Consumer Protection Act. The district court denied the motion for class certification on the ground that individual issues would predominate over issues common to the putative class. On an interlocutory appeal, the Ninth Circuit disagreed and remanded for further proceedings. Full Article Consumer Protection Law Health Law Class Actions
nc Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases By feeds.findlaw.com Published On :: 2018-07-18T08:00:00+00:00 (California Court of Appeal) - Reversed the denial of class certification in a case involving tax refund claims filed by limited liability companies (LLCs) which sought refunds of a levy they had paid pursuant to a California tax statute that was later determined to be unconstitutional. When the district court denied the LLCs' motion for class certification on multiple grounds including predominance and superiority, they appealed. Agreeing with the LLCs that this case was suitable for treatment on a classwide basis, the First Appellate District reversed and remanded for certification of a class or classes consistent with its opinion. Full Article Tax Law Class Actions
nc Langan v. Johnson and Johnson Consumer Cos., Inc. By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (United States Second Circuit) - Vacated the certification of a consumer class action alleging that Johnson & Johnson deceptively labeled several of its baby bath products as being natural when they were not. The district court had certified a class consisting of consumers who purchased the products in eighteen states. On appeal, the Second Circuit was not convinced that the district court had carefully considered the material differences in the state laws at issue before concluding that their similarities predominated over their differences, and therefore the appeals court vacated and remanded. Full Article Class Actions Consumer Protection Law