7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

By Celeste Bott

The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

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Court Economist Says Epic-Google Deal Isn't Evidence-Based

By Nadia Dreid

U.S. District Judge James Donato has already told Epic and Google that he's "not going to keep" going back and forth with them about changes they want to an injunction he has to issue following Epic's antitrust trial win against Google, and now a court-appointed expert has informed him she has issues with the proposed changes as well.

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2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

By Bryan Koenig

Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

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IBM Gets Win On Mainframe Patent Infringement Claims

By Theresa Schliep

A Swiss company infringed IBM patents covering its mainframe software, a Western District of Texas judge found Monday, although he declined for now to give the tech giant a win on the trade secrets component of its case.

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Michigan Jury Rejects Truck Buyers' Claims Against Navistar

By Susan Smiley

After more than eight hours of deliberation, a Michigan federal jury announced a verdict Monday in favor of truck manufacturer Navistar, which was defending itself against claims by two trucking companies over delayed delivery of trucks, finding the evidence did not show Navistar committed fraud or breach of contract.

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Solar Co. Loses Challenge To Validity Of Conn. Panel Seats

By Brian Steele

A Connecticut state court judge has turned away a solar developer's argument that three commissioners were sitting illegally on the Public Utilities Regulatory Authority when they ruled in favor of an Avangrid Inc. unit as part of a dispute over a power purchase agreement.

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NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

By Hope Patti

A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the company's excess directors and officers insurers told a North Carolina federal court.

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Hyundai Urges Arbitration Of Emergency Braking Claims

By Gina Kim

Hyundai has urged a California federal judge to send a proposed class action over its allegedly faulty automatic emergency braking system into arbitration, arguing that the drivers accepted an arbitration provision when they agreed to the terms and conditions of its Bluelink services to obtain optional integrated connectivity features. 

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Toyota Should Be Freed From IP Suit, Judge Says

By Adam Lidgett

A Texas federal judge has recommended allowing Toyota to avoid allegations it infringed a half dozen vehicle infotainment patents, saying the automaker already has a license to the intellectual property.

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Portofino Says Citadel Used Dismissal To Fuel Press Campaign

By Caroline Simson

Portofino Technologies has accused Citadel Securities of using its decision to drop its trade secrets lawsuit against the Swiss cryptocurrency trading firm as an opportunity to drum up bad press about Portofino, and papering over the fact that an $8 million judgment it won in the dispute is a "pyrrhic victory."

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Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

By Elliot Weld

A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

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Under Armour Beats Most Claims In Ex-Supplier's Suit

By P.J. D'Annunzio

Athletic apparel company Under Armour dodged claims that its marketing of bioceramic powder products as FDA-approved cost its former business partner money, with a Pennsylvania federal judge ruling Monday that there was no obvious link between the statements and the plaintiffs' losses.

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WebAI Says Ex-Engineers Recast Firing As Fraud Claims

By Abigail Harrison

WebAI Inc. has told a North Carolina federal court that a complaint by former engineers alleging an executive's conduct jeopardized huge deals is merely an attempt by disgruntled employees to conjure a multicount lawsuit from a lawful employment separation.

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Staffing Co. Fights Coverage Denial For Labor Violation Row

By Hope Patti

A staffing company accused of failing to provide laborers with required employment notices and assignment-related disclosures in violation of Illinois law said it is entitled to a defense under its commercial lines policies, telling a federal court that its insurer wrongfully refused coverage for the proposed class action.

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SEC Says Crypto Service Agreement Is Investment Contract

By Spencer Brewer

The U.S. Securities and Exchange Commission has asked a Texas federal judge to find that service agreements offered by two crypto mining fraudsters count as investment contracts, and thus securities, saying the court should grant judgment as a matter of law.

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Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

By Jarek Rutz

Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

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Gaming Co. Settles Usurious Loan Suit Against BHG Financial

By Abigail Harrison

A couple who sought financing from nationwide lender BHG Financial LLC to open an esports gaming café has settled a lawsuit alleging the loan agreement was usurious and contained "unconscionable terms," according to an order in North Carolina federal court.

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Brief

DHS Revives Plan For NJ Immigrant Detention Center

By Tom Lotshaw

The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

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Equipment Co. Sues Pa. Railroad Over Abrupt Access Block

By Matthew Santoni

A Pittsburgh industrial equipment company says a short-line railroad adjacent to its property has suddenly stopped a decades-long practice of allowing it to use an access road alongside the tracks, closing off access to the company's loading docks, according to a lawsuit filed in Pennsylvania state court.

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Cannabis Co. Says Mich. City Forced Illegal License Waiver

By Susan Smiley

A marijuana dispensary in Michigan's Upper Peninsula told a federal court that a Michigan municipality changed cannabis licensing rules midway through the process and committed fraud and breach of contract.

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$100M Clean Air Act Ruling Transforms Parent Co. Liability

A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

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Fiduciary Duty Risks In Continuation Vehicle Transactions

Continuation vehicle transactions have become prominent in private equity, but conflicts may arise due to transaction structures and implicate fiduciary duties, with a recent Delaware case highlighting several procedural considerations for sponsors, say attorneys at Debevoise.

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Judge Newman Won't Reopen High Court Suspension Battle

By Theresa Schliep

Federal Circuit Judge Pauline Newman did not ask the U.S. Supreme Court to reconsider her bid to save a suit against her fellow judges for suspending her from the bench over her refusal to undergo medical tests.

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Jackson Walker Settlements Over Judge Romance Get Greenlit

By Emma Cueto

A Texas bankruptcy judge has recommended approval of nine settlements regarding legal fees paid to Jackson Walker LLP connected to a former firm partner's romantic relationship with a then-bankruptcy judge, with the firm agreeing to pay $4.79 million in total, including $1.4 million to the estate of J.C. Penney.

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Trump-IRS Settlement Result Of Sham Suit, Judge Rules

By Jack McLoone

President Donald Trump's $10 billion suit against his own Internal Revenue Service and the resulting settlement deal lacked a legitimate controversy, given Trump's control over both the agency and the U.S. Department of Justice, a Florida district judge said Monday in an order barring Trump or others from citing the deal.

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Wells Fargo's $50M Deal In Atty's Ponzi Scheme Gets 1st OK

By Gina Kim

Wells Fargo will pay $50 million to settle a proposed class action alleging it knowingly helped a Las Vegas attorney run a multimillion-dollar Ponzi scheme deceiving investor victims into fronting money for borrowers awaiting personal injury settlement payouts, according to a preliminary approval order issued in Nevada federal court.

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Mass Tort Firms Hit With Suit Over AI Solicitation Calls

By Lynn LaRowe

A Michigan-based mass tort law firm and a pair of affiliate firms are violating federal and Texas state laws through an artificial intelligence-generated telemarketing campaign meant to solicit clients, according to a putative class action filed in Texas federal court.

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Senate Confirms SDTX Judge Pick Tied To Gun Group

By Courtney Bublé

The Senate voted 46-44 Monday evening to confirm Executive Assistant U.S. Attorney Arthur "Rob" Jones as a U.S. district judge to serve on the Southern District of Texas bench.

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Blanche Hearing To Proceed After Graham's Death

By Courtney Bublé

The Senate Judiciary Committee will still hold the confirmation hearing for Todd Blanche's nomination to be attorney general on Wednesday, despite the death of committee member Sen. Lindsey Graham, R-S.C., over the weekend. 

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