United States courts of appeals

Statement on PredictIt Plaintiffs' Fifth Circuit Court Hearing

Retrieved on: 
Thursday, February 9, 2023
United States Court of Appeals for the Fifth Circuit, Smart contract, United States courts of appeals, Lawyer, Administrative Procedure Act (United States), Hearing, Administration, CFTC, Court, Commodity Futures Trading Commission v. Schor, Tobacco

The PredictIt plaintiff lawyers argued that fairness and the Administrative Procedure Act require reasoned decision-making and a detailed explanation before ordering the market to close.

Key Points: 
  • The PredictIt plaintiff lawyers argued that fairness and the Administrative Procedure Act require reasoned decision-making and a detailed explanation before ordering the market to close.
  • "We are grateful to the Court for hearing this case so quickly and providing protection against the CFTC's February 15 deadline while it considers the matter.
  • It is clearly unfair, and we urged the Court today to declare it illegal," said Michael Edney, counsel for the PredictIt plaintiffs.
  • Aristotle is the contract service provider for the PredictIt Market, which has operated under No-Action Relief CFTC 14-130 since 2014.

KSTM Promotes Malissa Osei and Justine Stringer to Partner

Retrieved on: 
Wednesday, January 18, 2023
Legal, Professional Services, Women, Consumer, Conference of the parties, United States courts of appeals, Legal Resources Centre, Supreme, Hague Convention on the Civil Aspects of International Child Abduction, Rise, Child, United States Court of Appeals for the Second Circuit, New York Law School, New York State Bar Association, National Black Law Students Association, National Urban League Young Professionals, Blank Rome, Negotiation, Divorce, International child abduction, Metropolitan Black Bar Association, Hague Convention, Law, Cornell Law School, Hanns Malissa, Cornell Journal of Law and Public Policy, Justine, Lawyer, NGO, KSTM, NAACP Legal Defense and Educational Fund, Public policy, Savoy Hotel, Supreme court, Court of cassation, New York Supreme Court, Appellate Division, Private investigator, Family

Krauss Shaknes Tallentire & Messeri LLP announced today that Malissa Osei and Justine Stringer have been promoted to partner, effective January 1, 2023.

Key Points: 
  • Krauss Shaknes Tallentire & Messeri LLP announced today that Malissa Osei and Justine Stringer have been promoted to partner, effective January 1, 2023.
  • “We are fortunate to have worked with Malissa and Justine since the early stages of their careers, and we couldn’t be prouder of the lawyers they are today,” said KSTM founding partner Caroline Krauss .
  • Before joining KSTM, she was an associate at Blank Rome, in one of the nation’s largest matrimonial practices.
  • Justine is a member of the Women’s Bar Association’s Family Law Committee and the New York State Bar Association.

Court of Appeals’ Ruling in the Case of GCC vs. Compañía de Inversiones Mercantiles (CIMSA)

Retrieved on: 
Thursday, January 12, 2023
United States courts of appeals, Same-sex marriage in the Tenth Circuit, GCC, District court, Colorado district courts, Judgement, CIMSA, BMV, United States Court of Appeals for the Tenth Circuit, Insurance

The highest constitutional court in Bolivia, the country with jurisdiction over the arbitration, ruled in favor of GCC in this matter.

Key Points: 
  • The highest constitutional court in Bolivia, the country with jurisdiction over the arbitration, ruled in favor of GCC in this matter.
  • However, in a decision on January 10 of this year, the Tenth Circuit refused to recognize this ruling.
  • The Tenth Circuit decision affirms a Colorado District Court judgment that orders GCC to pay CIMSA the equivalent of $36.1 million dollars plus costs and interest.
  • Based on this decision, GCC will exercise its contractual and other legal rights to recover damages and expenses that the judgment may ultimately require the Company to pay.

U.S. Appeals Court Issues Final Ruling That Upholds Thorne HealthTech Inc.'s Prior Challenge of Nicotinamide Riboside Intellectual Property Claim

Retrieved on: 
Monday, January 9, 2023
Cognition, United States Court of Appeals for the Federal Circuit, PTAB, NRM, Patent, Dartmouth College, Ageing, United States courts of appeals, ChromaDex, NR

Circuit Court of Appeals for the Federal Circuit in Washington, D.C., issued a final ruling rendering the previously issued U.S. Patent No.

Key Points: 
  • Circuit Court of Appeals for the Federal Circuit in Washington, D.C., issued a final ruling rendering the previously issued U.S. Patent No.
  • The '086 patent is owned by Dartmouth College and is licensed to ChromaDex, of Irvine, California, for commercial use.
  • However, just days ago, Dartmouth College withdrew their appeal, which leaves the initial PTAB invalidity ruling of the '086 patent intact.
  • Thorne HealthTech intends to continue its highly successful expansion into the nutritional supplement marketplace with its nicotinamide riboside hydrogen malate (NRM) suite of products.

Leading Patent Litigator Kevin Burgess Returns to McKool Smith

Retrieved on: 
Wednesday, January 4, 2023
United States International Trade Commission, The Honourable, The Wall Street Journal, Ericsson, The National Law Journal, Intellectual property, Federal Circuit Court of Australia, Private practice, United States Court of Appeals for the Federal Circuit, Ohio State University Moritz College of Law, United States courts of appeals, Nokia, Patent, Lawyer, Friends, Multimedia, Bankruptcy, Mentorship, McKool Smith, Private investigator, Apple

DALLAS, Jan. 4, 2023 /PRNewswire/ -- McKool Smith has announced today that the distinguished patent litigator Kevin Burgess has rejoined the firm as a Principal.

Key Points: 
  • DALLAS, Jan. 4, 2023 /PRNewswire/ -- McKool Smith has announced today that the distinguished patent litigator Kevin Burgess has rejoined the firm as a Principal.
  • Mr. Burgess will continue to focus his practice on patent infringement disputes, particularly involving complex technical matters.
  • "I have known Kevin for many years as a colleague and friend," said McKool Smith Chairman and Managing Principal David Sochia .
  • Prior to first joining McKool Smith, Mr. Burgess served as a judicial clerk to the Honorable William C. Bryson, U.S. Court of Appeals for the Federal Circuit.

Vanda Pharmaceuticals Provides an Update to HETLIOZ® ANDA Litigation Appeal: Federal Circuit grants motion to temporarily enjoin generic launch

Retrieved on: 
Friday, December 16, 2022
District court, ANDA, LQ, Vanda, Teva, United States courts of appeals, United States Court of Appeals for the Federal Circuit, Court, Dura Pharmaceuticals, Inc. v. Broudo, Patient, Ciba-Geigy Canada Ltd v Apotex Inc, Teva Pharmaceuticals, Federal Circuit Court of Australia, Generic drug, Apotex

WASHINGTON, Dec. 16, 2022 /PRNewswire/ --Vanda Pharmaceuticals Inc. (Vanda) (Nasdaq: VNDA) today provided an update on its appeal of the recent HETLIOZ ANDA litigation ruling.

Key Points: 
  • WASHINGTON, Dec. 16, 2022 /PRNewswire/ --Vanda Pharmaceuticals Inc. (Vanda) (Nasdaq: VNDA) today provided an update on its appeal of the recent HETLIOZ ANDA litigation ruling.
  • Vanda is a leading global biopharmaceutical company focused on the development and commercialization of innovative therapies to address high unmet medical needs and improve the lives of patients.
  • For more on Vanda Pharmaceuticals Inc., please visit www.vandapharma.com and follow us on Twitter @vandapharma.
  • For full U.S. Prescribing Information for HETLIOZand HETLIOZ LQ, including indication and Important Safety Information, visit www.hetlioz.com .

Vanda Pharmaceuticals Responds to Ruling in HETLIOZ® ANDA Litigation

Retrieved on: 
Tuesday, December 13, 2022
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WASHINGTON, Dec. 13, 2022 /PRNewswire/ -- Vanda Pharmaceuticals Inc. (Vanda) (Nasdaq: VNDA) today responded to the ruling in its HETLIOZ ANDA Litigation.

Key Points: 
  • WASHINGTON, Dec. 13, 2022 /PRNewswire/ -- Vanda Pharmaceuticals Inc. (Vanda) (Nasdaq: VNDA) today responded to the ruling in its HETLIOZ ANDA Litigation.
  • HETLIOZ is also approved in the European Union and is not subject to this litigation, nor is generic litigation pending outside of the United States.
  • For more on Vanda Pharmaceuticals Inc., please visit www.vandapharma.com and follow us on Twitter @vandapharma.
  • Vanda cautions investors not to rely too heavily on the forward-looking statements Vanda makes or that are made on its behalf.

If You Owned a U.S. Dollar LIBOR-Based Debt Security between August 1, 2007 and May 31, 2010, You May Be Eligible To Receive A Payment From Settlement Funds Totaling $1.749 Million

Retrieved on: 
Monday, November 28, 2022
Client First Settlement Funding, Debt, Bank, NOT, Credit Suisse, Claim, Norinchukin Bank, LIBOR, Courthouse, Lawyer, Defendant, Class, Court, Security, United States courts of appeals, Condition subsequent, CUSIP, District court, Virginia General District Court, Hearing, London Interbank Bid Rate, Bond (finance), MUFG Bank, Lease, Pharmaceutical industry

This class action was brought on behalf of holders of U.S. Dollar LIBOR-Based Debt Securities alleging price-fixing and manipulation of the London Interbank Offered Rate.

Key Points: 
  • This class action was brought on behalf of holders of U.S. Dollar LIBOR-Based Debt Securities alleging price-fixing and manipulation of the London Interbank Offered Rate.
  • Plaintiffs previously settled with seven other defendants for a total of $68.625 million (the "Initial Settlements").
  • The Court of Appeals upheld the District Court's dismissal of the Bondholder Action on the merits, ending the case as to the non-settling defendants.
  • Recovery for any new claims submitted in the Subsequent Settlements will be limited to the net settlement funds in the Subsequent Settlements.

Science, reliance, and compliance

Retrieved on: 
Friday, November 11, 2022
Contempt, Osteoporosis, Plasma protein binding, Skin cream, Lane, Research, Comment, Male, FTC, Fraud, Letter, United States courts of appeals, Federal Trade Commission Act of 1914, United States Court of Appeals for the Third Circuit, Record, Fertility, Compliance, Policy, Federal Trade Commission, Privacy, Blog, Court, Federal Trade Commission v. Vemma Nutrition Company, Shark cartilage, Section, Dietary supplement, Ridesharing company, Public relations

If the FTCs advertising substantiation doctrine is relevant to your company or your clients and it should be youll want to keep tabs on the case.

Key Points: 
  • If the FTCs advertising substantiation doctrine is relevant to your company or your clients and it should be youll want to keep tabs on the case.
  • The FTCs original action challenged allegedly deceptive anti-cancer claims for two products: BeneFin, a shark cartilage supplement, and SkinAnswer, a skin cream.
  • Section IV barred misrepresentations about the existence, contents, validity, results, conclusions, or interpretations of any test, study or research.
  • In 2007, the FTC filed civil contempt charges, alleging that the defendants had violated the order.
  • But even if Lane Labs had violated the order, the trial court held that the company was entitled to a defense of substantial compliance, noting that it had undertaken considerable effort to comply.
  • that has been clinically shown to actually build postmenopausal bone density, without the side effects of hormonal drugs or supplements.
  • In short, the Court held, the Lane defendants adopted [the newsletters] characterization by aggressively promoting the newsletters content.
  • Rather they went to the core substance of the order and were not the result of oversight or neglect.

BMO Harris to Appeal Verdict in Petters Litigation

Retrieved on: 
Tuesday, November 8, 2022
TSX, CAD, BMO Harris Bank, Nature, Outline, Legislation, Bankruptcy, NYSE, United States Court of Appeals for the Eighth Circuit, Commercial bank, Private Securities Litigation Reform Act, United States courts of appeals, Trustee, Insurance, Forward-looking statement, BMO Capital Markets, Petter, Stanford Financial Group, Intention, Corporate services, Annual report, Risk, BMO, Private investigator, Risk management, Bank, Charles Ponzi

TORONTO and CHICAGO, Nov. 8, 2022 /PRNewswire/ -BMO Financial Group (TSX: BMO) (NYSE: BMO) announced today that its subsidiary, BMO Harris Bank N.A.

Key Points: 
  • TORONTO and CHICAGO, Nov. 8, 2022 /PRNewswire/ -BMO Financial Group (TSX: BMO) (NYSE: BMO) announced today that its subsidiary, BMO Harris Bank N.A.
  • The jury awarded damages of approximately US$564 million against BMO Harris in favour of the Trustee in bankruptcy proceedings for certain Petters entities.
  • Pursuant to a prior settlement in connection with another Petters matter, BMO Harris is entitled to recover approximately 21% of any amount that it pays to the Trustee.
  • We are confident that we have strong grounds for appeal," stated a BMO Harris spokesperson.