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The Legal Intelligencer
05-08-2008
A federal judge has certified a class action antitrust suit that accuses GlaxoSmithKline of using monopolistic tactics to boost its profits from Wellbutrin, a popular antidepressant, by delaying a generic version of the drug from coming to market. The suit was brought by direct purchasers who claim that GSK concocted a plan to keep Wellbutrin prices high by making fraudulent assertions to the U.S. Patent and Trademark Office and by engaging in "sham" patent litigation against generic drug manufacturers.
Fulton County Daily Report
05-08-2008
Spanx, the Atlanta-based creator of slimming "body shapers," has slapped Sexy Panties and Naughty Knickers with a suit for trademark infringement, claiming, in part, that the British lingerie purveyor's SPANK abbreviation is so visually and phonetically similar to Spanx that it confuses consumers. Wrote an attorney for Spanx in a letter attached as an exhibit, "The fact that your client chose a name that is too long to put on the product does not mean that Spanx has to tolerate the infringing abbreviation."
The Recorder
05-07-2008
A recent opinion of the Second District Court of Appeal probably took many lawyers by surprise when it established a new rule -- or became the first to clarify the rule -- on one aspect of a very old topic: service. The rule is simple: If a party has two or more firms serving as counsel of record in a case, the court need only serve documents on one of them.
The National Law Journal
05-07-2008
American Airlines asked the U.S. District Court in Massachusetts to reverse a jury verdict that awarded nine Boston skycaps about $325,000 in a case involving the state's tips laws and banned tipping of its skycaps at Logan Airport. The plaintiffs' lawyer, meanwhile, has asked the court for treble damages and plans to file an injunction asking the judge to bar American from banning tips because such actions are a retaliation against the skycaps.
The American Lawyer
05-06-2008
Lawyers at Kilpatrick Stockton scored a $304 million victory for shoe company Adidas AG late on May 6 in what the law firm says could be the largest trademark verdict in U.S. history.
The Associated Press
05-06-2008
Conectiv Energy and three subcontractors will pay $1.65 million to settle a discrimination lawsuit filed by four black workers who said they were subjected to racial slurs, Ku Klux Klan graffiti and a noose that was left hanging for more than a week. The U.S. Equal Employment Opportunity Commission announced the settlement May 5. The men alleged the harassment took place in 2002 and 2003 on a construction site at the former Bethlehem Steel site.
Legal Tech Newsletter
05-01-2008
The 2006 changes to the FRCP specifically require that companies ensure all potentially relevant electronically stored information associated with litigation is preserved and protected, with a subset ultimately produced when required. Organizations that do not take a comprehensive approach to managing ESI for discovery may fall prey to fines, sanctions and worse.
The Insurance Coverage Law Bulletin
05-01-2008
In a case the insurance industry has been closely monitoring, the Louisiana Supreme Court unanimously ruled that insurance policies with flood exclusions do not cover flood damage from the failure of man-made levees.
Entertainment Law and Finance
04-25-2008
Copyright-infringement cases alleging that a defendant improperly used a plaintiff’s work for a movie or TV show often hinge on whether there’s substantial similarity between the litigating parties’ works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff’s work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.
Product Liability Law & Strategy
04-25-2008
The crack of a baseball flying off a wood bat -- the sweet sound of America's pastime. The latest generation of baseball fans, however, has perhaps become more accustomed to the ping of a metal bat. Recent attempts to ban the use of non-wood bats, based on the perception that they may have changed the game and increased the potential for injury, have gained more steam and publicity.
10th Cir.
04-15-2008
To invoke FMLA's three-year statute of limitations based on employer's "willful" conduct, plaintiff must demonstrate that employer "knew or showed reckless disregard" for whether conduct was prohibited (adopting definition of "willful" for FMLA statute of limitations purposes as issue of first impression).
7th Cir.
04-14-2008
Umbrella insurer had no duty to defend and indemnify drug manufacturer under policy's coverage for injury arising out of slander or libel where manufacturer was sued for alleged monopolization, racketeering, fraud, and deceptive business practices stemming from purported attempts to stifle research results about drug efficacy; plaintiffs did not allege that manufacturer made defamatory or disparaging statements about class members or products.
10th Cir.
04-11-2008
Chapter 13 debtor had standing to file suit alleging Fair Credit Reporting Act and related state-law consumer protection claims while bankruptcy action remained pending (distinguishing Chapter 7 bankruptcy cases from those brought under Chapter 13, in which debtor has standing to bring claims in own name on behalf of bankruptcy estate).
7th Cir.
Plaintiff did not "commence" suit against corporate affiliate under relation-back doctrine by substituting affiliate as correct class action defendant some three years after learning affiliate was correct party to sue; thus, action was removable under Class Action Fairness Act, which became effective after suit was filed but before correct defendant was substituted.
