Litigation Law, Mediation Law and Arbitration Law

A year after the uncertainty created in the Canadian corporate debt financing world by the Ontario Court of Appeal's pensions-friendly decision in the Indalex CCAA restructuring matter, the Quebec Superior Court, in April 2012, determined in a lengthy and well-reasoned decision that the key restructuring and pensions law principles underpinning Indalex do not apply in Quebec when considering the treatment of defined benefit amortization payment and deficit claims in a restructuring.

The Federal Court of Appeal ("FCA") upheld the judicial review decision of the Federal Court ("FC") in "Livaditis v. Canada Revenue Agency".

On 10 May 2012 European Court of Justice has given a significant judgment (Santander) concerning withholding tax.

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

Fueled by high financial stakes and the specter of injunctions, patent litigation is incredibly complex, expensive and can involve protracted battles at every step of the process.

In Advanced Fiber Technologies (AFT) Trust v. J&L Fiber Services, Inc., No. 11-1243 (Fed. Cir. Apr. 3, 2012), the Federal Circuit revised the district court’s construction of a term appearing only in the court’s construction of a claim term, and therefore vacated SJ of noninfringement.

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

Last week, the D.C. Circuit held in "United States of America, ex rel. Davis v. District of Columbia", that in suits under the False Claims Act ("FCA") alleging false claims for Medicaid reimbursement, the calculation of damages must take into account the value of the medical services actually received.

On April 19, 2012, the Québec Court of Appeal (the Court) rendered the first decision on misleading advertising since the ruling of the Supreme Court of Canada (the SCC) in Richard v. Time Inc. In Perreault v. McNeil PDI Inc.,

In late 2010, the United States Court of Appeals for the D.C. Circuit issued a seminal decision rejecting the government’s damages theory in a civil False Claims Act "false certification" case.

The New Jersey Supreme Court filed a decision in Paris Wilson v. City of Jersey City this morning (Thursday, March 08, 2012).

For several decades now, the United States has taken the position that communications and documents exchanged in Superfund matters between government lawyers representing the US EPA and government lawyers representing federal PRPs are privileged.