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September 27, 1999 |

ERISA Won't Pre-empt Tort Suit Against HMO, 3rd Circuit Says

In a closely watched case, the Third Circuit has opened a wide doorway for tort suits against health maintenance organizations, ruling that federal law does not pre-empt the right to sue if policies result in inadequate medical care. On Sept. 16, the court allowed Steve and Michelle Bauman to proceed in New Jersey state court on their claim that their HMO's policy discouraging hospitalization of newborns resulted in the death from meningitis of their 2-day-old daughter.
4 minute read
September 26, 2001 |

Federal Judge Rips McDonnell Douglas

In a scathing opinion, U.S. District Judge Sven Erik Holmes of the Northern District of Oklahoma has ruled that the former McDonnell Douglas Corp. shuttered its plant in 1994 to deprive aging workers of their retirement benefits. The Sept. 5 ruling sets the stage for lawyers representing more than 1,200 former McDonnell Douglas workers to seek equitable relief for lost wages and pension and health benefits.
3 minute read
November 18, 2002 |

Walking a Thin Line in Terror War

What's the difference between a criminal and an enemy? A crime and an act of terrorism? One year after the war on terrorism was launched, the dividing line is murkier than ever. The government still hasn't articulated a standard for how it decides whether someone will face criminal charges in federal court or be held indefinitely and incommunicado in a military jail.
8 minute read
May 20, 2011 |

'Corporate Counsel' Names Google's Legal Department Best of 2011

Spend time with the energetic crew at Google, and the word "disrupt" comes up a lot. Google's businesses tend to do that to the traditional marketplace, and "Googlers" (as they call themselves) make no apologies. In fact, they use the word with pride -- sounding like 1960s protesters determined to shake the Establishment.
17 minute read
February 01, 2013 |

Little Theodor's Big Troubles

The U.S. and France accuse a controversial African politician of money laundering. Should they go after his lawyers, too?
13 minute read
February 28, 2012 |

EPA greenhouse gas rules challenged at D.C. appellate court hearing

Lawyers challenging the Environmental Protection Agency's greenhouse gas rules faced tough questioning Feb. 28 from a panel of three appellate judges ‒ but the tables may turn when the hearing resumes the following day to focus on the most controversial element of the rules.
5 minute read
June 04, 1999 |

'Step-Plus-Function' Revisited -- At Last

The Federal Circuit has largely avoided interpreting step-plus-function claims under 35 U.S.C. 112, para. 6. But Judge Rader's concurring opinion in Seal-Flex Inc. v. Athletic Track & Court Constr., while technically dicta, sheds new light on where the Federal Circuit is headed.
9 minute read
February 23, 2006 |

N.Y. High Court Finds Undocumented Aliens Can Sue for Lost Wages

Undocumented aliens who have no right to work in the U.S. but are nonetheless injured on the job can sue for lost wages under New York labor law, a divided Court of Appeals held Tuesday in resolving a split between the two downstate appellate divisions. The majority found that New York laws entitling workers to lost wages are not in direct conflict with federal law, and are therefore not pre-empted. But two dissenters argued for pre-emption, and maintained that New York common law bars recovery.
4 minute read
October 22, 2002 |

How To Win Prosecutors And Influence Justice

3 minute read
July 19, 2010 |

A new era of defending the boardroom

Three top white-collar defense lawyers discuss the state of financial fraud enforcement at the SEC and DOJ.
26 minute read

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