New U.S. Patent and Trademark Office guidance to examiners on patent eligibility may offer a lifeline to applicants seeking protection for medical diagnostic tests and other life sciences inventions, attorneys say, providing a road map for avoiding ineligibility under the Supreme Court's Mayo and Continue Reading
CT Employers Face Higher OSHA Workplace-Safety Fines
For a variety of Connecticut employers, a knock on the door from the Occupational Safety & Health Administration (OSHA) can be a scary moment, as a visit from a federal workplace safety inspector often uncovers violations. But in most cases, employers don't lose sleep over the threat of Continue Reading
Supreme Court Affirms Dismissal of AstraZeneca Class Action
The Delaware Supreme Court last week upheld the dismissal of a 12-year-old class action accusing AstraZeneca of consumer fraud, saying the group of third-party payor health insurers could not claim injury under applicable state laws. The ruling brought clarity to Delaware's consumer fraud act, Continue Reading
NJ Class Suits Over E-Commerce Disclaimers Causing Stir
Companies engaged in e-commerce in New Jersey are being hit with class action suits claiming their terms of service violate a state consumer protection law enacted when Ronald Reagan was president—and the litigation is causing concern in the business community. Toys R Us, Victoria's Secret and Continue Reading
Supremely Qualified—Walter Timpone
Walter Timpone “is the epitome of the type of jurist the citizens of this State deserve to have as a member of the Supreme Court; he is most deserving of this appointment.” Michael P. Kelly, Chairman of McCarter & English: “Walter enjoys a well-earned reputation as a man of great Continue Reading
4 Types of Evidence To Bolster Your Bad Faith Case
For policyholders, bad faith claims are perhaps the strongest tool to deter insurance companies from denying coverage without proper justification or unreasonably delaying its decision on a claim. However, definitively proving that a carrier acted in bad faith can often be an uphill battle. Here, Continue Reading
Prosecutor Fights Discovery In Wilmington Trust Class Suit
A dispute has erupted over a request to resume discovery in a federal class action suit targeting Wilmington Trust Co.’s concealment of disastrous loan portfolio weaknesses, with parties in a related criminal case joining in. An attorney for former Wilmington Trust President Robert V.A. Harra Jr. Continue Reading
AstraZeneca Urges Del. Justices To End Nexium Fraud Case
An attorney for AstraZeneca Pharmaceuticals told Delaware Supreme Court justices on Wednesday they have no reason to resurrect a 12-year-old class action in which six unions accused the company of consumer fraud for promotions that drove doctors to prescribe the heartburn medicine Nexium instead of Continue Reading
McCarter & English Examining A Suddenly Popular Statute Tied To Online Terms and Conditions
According to McCarter & English, the firm has developed a task force to address an uptick in claims regarding the Truth-in-Consumer Contract, Warranty and Notice Act. “We’ve seen a real uptick in those recently,” said Edward Fanning, partner at the firm. “It appears that the organized Continue Reading
NJ Justices Send ‘Warning Call’ To Insureds On Late Notice
The New Jersey high court's ruling Thursday that National Union doesn't have to show it was harmed by a policyholder's late notice of a lawsuit in order to deny coverage sends a "warning call" to insureds to carefully comply with their policies' notice provisions, but attorneys say the decision's Continue Reading