If this were an article about Toyota's actions and inactions, it could stop here. But it is really about the proposed "Motor Vehicle Safety Act of 2010." This legislation, engendered by the Toyota recalls, makes TREAD (Transportation Recall Enhancement Accountability and Documentation Act)sem minor by comparison.
The impact of Twombly and Iqbal on the pleading standard in federal motions to dismiss has been well documented during the last several years. This article examines the impact that these important cases have had when fraudulent joinder becomes an issue.
For more than a year, the software/information technology, financial, and even biotech industries, along with the patent bar, waited for the Supreme Court to weigh in on the issue of business methods and patent-eligible subject matter under ' 101 of the Patent Act. In its recent decision in Bilski v. Kappos, the Supreme Court provided an answer for the business method claimed by Bilski, but not a lot of detailed guidance for future cases.
In a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.
Recently, the U.S. Supreme Court decided that ' 10(b) of the Securities Exchange Act of 1934 does not provide a cause of action to foreign plaintiffs to recover investment losses relating to foreign-issued securities traded on foreign exchanges (colloquially known as "F-cubed" claims).
The Delaware Court of Chancery recently rejected a public policy argument that parties to a stockholders agreement may not contract away the right of Delaware courts to oversee disputes between stockholders of a Delaware corporation.
What happens to a So Ordered, interim agreement that is not mentioned in the divorce judgment in any way, shape or form? Is it vacated, or does it survive? The answer to this issue, in New York State, at any rate, requires a two-step analysis.
On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?
While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
