Mondaq USA: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
Holland & Knight
The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity...
Lewis Brisbois Bisgaard & Smith LLP
On April 19, 2017, the Fifth Circuit in Halle v. Galliano Marine Serv., LLC issued on opinion reiterating that a"seaman" under the Federal Labor Standards Act (FLSA) is not equivalent to a Jones Act seaman...
Lewis Brisbois Bisgaard & Smith LLP
In Integrity, an offshore survey company, Tesla, chartered two vessels to perform an archaeological sonar survey in the Gulf of Mexico.
Wilson Elser Moskowitz Edelman & Dicker LLP
For more than a century, New York courts have been enforcing employee non-compete agreements, despite expressing their disfavor of these agreements and related enforcement challenges.
K&L Gates
The D.C. Circuit recently gave its opinion as to whether pleading an increased risk of future injury is sufficient to establish Article III...
Ogletree, Deakins, Nash, Smoak & Stewart
Rumors are rampant that the White House's Office of Management and Budget (OMB) may soon take action on the Equal Employment Opportunity Commission's (EEOC) changes to its EEO-1 form...
Carlton Fields
A round-up of this week's appeals in Florida - week of August 14-18, 2017
McDermott Will & Emery
On July 28, Circuit Judge Daniel Kubasiak dismissed the Complaint filed by the Illinois Retail Merchants Association and a group of retailers challenging the constitutionality of the Cook County, Illinois Sweetened Beverage Tax.
Wolf, Greenfield & Sacks, P.C.
The Board affirmed a refusal to register, on the Supplemental Register, the product configuration mark shown below, for "printed paper labels; paper identification tags; printed paper labels; adhesive labels"...
Lewis Brisbois Bisgaard & Smith LLP
The Fifth Circuit issued on opinion reiterating that a "seaman" under the Federal Labor Standards Act (FLSA) is not equivalent to a Jones Act seaman, and decided an issue of first impression – whether remotely operated vehicle (ROV) technicians are seaman under the FLSA.
Fenwick & West LLP
The U.S. Court of Appeals for the Seventh Circuit held that allegations that prospective employers obtained consumer reports in technical violation of the Fair Credit Reporting Act by themselves...
Jones Day
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
Fisher Phillips LLP
On Friday, July 21, users of the "married dating" website, ashleymadison.com, received preliminary approval of an $11.2 million class action settlement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the "McCarthy test," rather than the "first use test," should be used to decide ownership.
Sedgwick LLP
Yesterday, we began our review of the Court's experience with recusals in criminal cases since 1994. Today, we review the second half of the data.
Klein Moynihan Turco LLP
Last month, a federal district court in Manhattan refused to dismiss a putative class action lawsuit filed by a legally blind woman under the Americans with Disabilities Act...
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit affirmed a PTAB decision, rendered in the context of a patent interference contest, resolving priority of invention to a hepatitis C treatment ...
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit agreed that the Patent Trial and Appeal Board (PTAB) did not err in its conclusions that a claim element reciting "means" did not invoke § 112 ¶ 6...
McDermott Will & Emery
Addressing the issue of personal jurisdiction over an alleged infringement defendant, the US Court of Appeals for the Federal Circuit affirmed the district court's dismissal of the complaint...
Reed Smith
At times one can tell from the very first paragraph of an opinion that what follows will be an interesting read. Such is the case with Sikkelee v. Avco Corp., Case. No. 4:07-CV-00886...
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Morgan Lewis
In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship.
Lewis Brisbois Bisgaard & Smith LLP
In Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court's judgment...
Thompson Coburn LLP
The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees.
Foley & Lardner
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty.
Reed Smith
In the wake of the defense wins during the last Supreme Court term in Bristol-Myers Squibb Co. v. Superior Court and BNSF Ry. Co. v. Tyrell, we're retiring the personal jurisdiction cheat sheet ...
K&L Gates
In Henry v. Phixios Holdings, Inc., C.A. No. 12504-VCMR (Del. Ch. July 10, 2017), the Court of Chancery, interpreting Section 202 of the Delaware General Corporation Law, ...
Volpe and Koenig, P.C.
In 2017, the Supreme Court will issue opinions on a wide range of important issues in intellectual property law.
Duff and Phelps
In this edition: U.S. tax court rules in favor of Amazon, U.S. tax reform and the effects on transfer pricing, OECD releases toolkit for identifying financial data in developing countries...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., a district court ruling...
Rumberger, Kirk & Caldwell, P.A.
In GEICO v. Harvey, (Fla. 4th DCA Jan. 4, 2017), Florida's Fourth District Court of Appeal held that the trial court erred in denying the insurer's motion for directed verdict on the insured's bad faith claim.
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