Correspondent
White House correspondent, covers patent, trade and regulatory news
The Ninth Circuit affirmed a district court order compelling arbitration in an antitrust dispute between independent pharmacies and pharmacy benefit managers. The court held that the arbitration agreement was enforceable despite challenges to its cost provisions and unilateral amendment clause.
The United States Court of Appeals for the Federal Circuit affirmed a dismissal of a bid protest brought by a pro se litigant. The court held that the plaintiff lacked standing and failed to comply with procedural rules requiring corporate representation by counsel.
The Ninth Circuit vacated the district court's judgment because the case lacked complete diversity of citizenship. The court affirmed the award of attorneys' fees to the attorney defendants while remanding the case for dismissal.
The United States Court of Appeals for the Federal Circuit affirmed the denial of steel exclusion requests by the Department of Commerce. The court held that the agency acted within its authority by using the date of the exclusion request, rather than the earlier order date, to assess domestic supply availability.
The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a pro se litigant as untimely and duplicative. The court held that the notice of appeal was filed well after the statutory deadline and repeated a prior appeal of the same judgment.
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision in a nonprecedential ruling. The court issued a per curiam order without providing detailed reasoning.
The United States Court of Appeals for the Fourth Circuit held that the Native American Graves Protection and Repatriation Act requires the Army to repatriate the remains of two Native American children buried in a federal cemetery without tribal consent. The court vacated the district court's dismissal, ruling that the cemetery constitutes a holding or collection under the statute.
The Fifth Circuit affirmed summary judgment on claims alleging an airline accident based on an imperfect medical response by the flight crew. The court reversed summary judgment on claims relying on an alleged malfunction of the aircraft's automated external defibrillator.
The United States Court of Appeals for the Federal Circuit dismissed an appeal filed by Christopher Williams against the United States. The dismissal occurred after the appellant voluntarily moved to withdraw the appeal and no party objected.
The United States Court of Appeals for the Federal Circuit affirmed a lower court ruling holding the Dillon Trust Company liable as a transferee for unpaid taxes owed by Humboldt Shelby Holding Corporation. The court found that the trusts had constructive knowledge of a fraudulent scheme designed to evade corporate income taxes through a collapsed stock and asset sale transaction.
