News & Case Results

News

Litigation Insurance Civil Rights Business

Litigation

[04/26] St. Jude Medical gets $2.3B in trade secrets case
[04/25] Pittsburgh's CMU recoups $40M in alleged swindle
[04/25] High court rejects quick review of health care law
[04/25] NY trial tapes seen as Wall Street wake-up call

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Insurance

[04/26] Insurer Humana to offer first dividend since 1993
[04/26] Aegon sells Transamerica reinsurance for $1.4B
[04/21] Nuclear dilemma: Adequate insurance too expensive
[04/11] Tenet says Community Health overbilled Medicare

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Civil Rights

[04/26] Judge's relationship at issue in gay marriage case
[04/25] Judge: 2 Hispanics illegally stopped in Ariz. raid
[04/25] Firm hired by GOP ends work on gay marriage ban
[04/25] NY court upholds ruling in Connecticut school case

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Business

[04/26] Golden Gate Capital, Infor buying Lawson Software
[04/26] Nissan Leaf, Chevy Volt get top safety ratings
[04/26] St. Jude Medical gets $2.3B in trade secrets case
[04/26] BP refinery, Dow plant lose power in Texas City

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Case Summaries

Contracts

Contracts

[04/26] Lockheed Martin Corp. v. Retail Holdings, N.V.
In a dispute arising from control over a flushed pension plan and the proper interpretation of a spin-off agreement, judgment of the district court is reversed where the only reasonable interpretation of the agreement transferred control over pension plan to Appellant.

[04/25] FEI Enterprises, Inc. v. Yoon
In a construction dispute involving a claim for breach of a subcontract and prompt payment penalties, judgment by trial court declining to order payment of penalties is affirmed where failure to make prompt payment was due to a bona fide existence of an actual legal dispute over the amount due under the subcontract.

[04/25] Dominion Resources Inc v. US
In a spent nuclear fuel (SNF) case involving an action for breach of contract, judgment of the district court is affirmed where the Nuclear Waste Policy Act, 42 U.S.C. section 10222, allows the assignment of an existing contract and because district court properly denied discovery into benefits accruing to plaintiff from failure to perform by defendant where a one-time fee that plaintiff will owe when the government begins accepting SNF is not yet due.

[04/21] Fuller v. Deutsche Bank National Trust
In an appeal arising from an unsuccessful attempt to rescind a mortgage agreement almost five years after closing, summary judgment in favor of appellee is affirmed where disclosure forms provided adequate notice of final date for rescission and three-day rescission period despite technical deficiencies.

[04/21] Montefiore Med. Ctr. v. Teamsters Local 272
In a dispute involving the effect of ERISA preemption on claims of breach of contract and quasi-contract, judgment of the district court is affirmed because: 1) an in-network health care provider may receive a valid assignment of rights from an ERISA plan beneficiary pursuant to ERISA section 502(a)(1)(B); 2) where a claim by a provider involves the right to payment and not simply the amount or execution of payment, that claim constitutes a colorable claim for benefits pursuant to section 502(a)(1)(B); and 3) on the facts of the case, some claims for reimbursement are completely preempted by federal law while the remaining state-law claims are subject to federal supplemental jurisdiction.

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