Appellate Decisions

The Puerto Rico Supreme Court blocked construction of a primate-breeding facility in Guaynabo in a 6-3 ruling, reports Caribbean Business (Dec. 15, 2011). Bioculture Puerto Rico Inc. had turned to the court seeking...

Two Wall Street groups asked a federal appeals judge to delay the Commodity Futures Trading Commission's (CFTC) recently passed position limits rule, saying it already is causing irreparable harm. The Securities Industry and...

A court of appeals found in favor of an insurance agent regarding an insured's claim that the agent and his agency failed to properly advise the insured regarding replacement-cost coverage for improvements to...

A health club employee suing for unpaid overtime was not bound by an arbitration clause in his employee handbook, the 5th Circuit has ruled in affirming judgment. The plaintiff worked as a sales...

News reports suggesting that a defamation plaintiff was involved in a double murder fell within the fair reporting and fair comment privileges, Maryland's highest court has ruled in affirming judgment. The defendants are...

A retailer that printed the month of a credit card's expiration on a customer's receipt isn't liable for a "willful" violation of federal consumer protection law, the 3rd Circuit has ruled in affirming...

The federal government was immune from liability in lawsuits brought by hurricane victims who were allegedly exposed to dangerous levels of formaldehyde while living in emergency housing units, the 5th Circuit has ruled...

The appeal establishes that the lower courts violated the Ecuadorian constitution by refusing to take any corrective action in response to the extensive fraud and corruption committed by plaintiffs' lawyers and their representatives....

An ERISA plaintiff was not required to show that he was a plan participant for the purpose of establishing subject matter jurisdiction in his lawsuit challenging the termination of his long-term disability benefits,...

A divorced mother was not entitled to a presumption that she was acting in her children's best interests when she filed a motion to change their surname, the New Jersey Appellate Division has...

AIRLINE INDUSTRY INFORMATION-(C)1997-2012 M2 COMMUNICATIONS The Independent Pilots Association (UPS pilots) on Monday said it has filed its preliminary statement of issues as ordered by the US Court of Appeals for the D/C...

M2 BEST BOOKS-(C)2000-2012 M2 COMMUNICATIONS The Independent Pilots Association (UPS pilots) on Monday said it has filed its preliminary statement of issues as ordered by the US Court of Appeals for the D/C...

A computer company sued for selling a defective product could enforce an arbitration clause in its customer agreement, even though the designated arbitrator was no longer available to hear disputes, the 3rd Circuit...

HEADNOTE CORNER OFFICE In a recent decision, Brockwell & Carrington Contractors Inc. v. Kearny Board of Education, the New Jersey Appellate Division held that subcontractors must certify compliance with New Jersey Treasury aggregate...

The testimony of the medical examiners who authored autopsy reports was required for the documents to be admitted as evidence in the criminal trial of a doctor who allegedly over-prescribed pain killers, the...

A mother's former same-sex partner may be entitled to the rights of a presumed parent regarding a child born before the parties were living together and engaged in a sexual relationship, the California...

20 Jan 2012 GLOBAL - The outlook for Kodak's UK pension scheme is "worrying" now that parent company Eastman Kodak has filed for bankruptcy protection in the US, but guarantees give hope, law...

A driver could proceed with an excessive force lawsuit against officers who allegedly allowed a police dog to bite him repeatedly after he fled from a traffic stop, the 11th Circuit has ruled...

A hospital is not liable for failing to ensure that a woman who planned to become a mother received test results showing that she was a carrier of cystic fibrosis, the California Court...