Mondaq USA: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
McDermott Will & Emery
The US Court of Appeals for the First Circuit has solidified a circuit split on who has burden of proving loss causation in ERISA breach of fiduciary duty cases.
Oblon, McClelland, Maier & Neustadt, L.L.P
The IPR estoppel provision was originally intended as a check against patent challengers attacking patents serially in the USPTO or other forums based on grounds that were raised or "reasonably could have been raised" in the original IPR.
Littler Mendelson
The U.S. Court of Appeals for the Fifth Circuit recently addressed "the labyrinthine complexities of ERISA law and practice." Manuel v. Turner Industries Group, LLC, et al., No. 17-30835...
Orrick
On October 25, the U.S. District Court for the District of Massachusetts denied motions for injunctive relief in a case involving trade secrets allegedly stolen by a departing consultant...
Proskauer Rose LLP
On October 22, 2018, the U.S. District Court for the Northern District of Illinois granted a Rule 12(b)(6) motion to dismiss a first-impression whistleblower retaliation claim...
Seyfarth Shaw LLP
Seyfarth Synopsis: A recent case from the Eastern District of Pennsylvania reaffirms the basic principle that a threshold element of any ERISA claim is pleading the existence of an ERISA plan.
Troutman Sanders LLP
Accordingly, the dismissal of the action was affirmed.
Troutman Sanders LLP
With Justice Sotomayor's dissent in mind, IDT urged the Northern District of Georgia to answer the question left unresolved by the Bristol-Myers court in its motion to strike the nationwide class allegations.
Troutman Sanders LLP
Citing Seventh Circuit precedent, the Eastern District of Wisconsin recently held the broad scope of the Fair Credit Reporting Act's permissible purpose includes use that disregards an attempted restriction request...
Jones Day
On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. to address whether the U.S. government is a "person" who may petition to institute review proceedings under the AIA.
Foley Hoag LLP
A Colorado federal jury sided last week with a cannabis cultivation business owner against his neighbor in one of the first Racketeer Influenced and Corrupt Organizations Act ("RICO") lawsuits...
Wolf, Greenfield & Sacks, P.C.
Diesel S.p.A. opposed an application to register MISEL DISEL for "smooth shave enhancer, namely, pre-shave liquid," claiming a likelihood of confusion with its registered mark DIESEL for, inter alia, pre- and after shave creams and lotions.
Reed Smith
A federal judge in one of our non-drug or device cases recently informed the parties that he was so busy with his criminal docket that it might be better to let the magistrate judge take over our case, including trial.
Hunton Andrews Kurth LLP
The U.S. Supreme Court held yesterday that the Age Discrimination in Employment Act (ADEA) applies to state and local government employers
Seyfarth Shaw LLP
A Colorado federal jury sided with the owner of a state-licensed cannabis cultivation business last Wednesday in a federal Racketeer Influenced and Corrupt Organizations Act (RICO)...
Holland & Knight
The Centers for Medicare & Medicaid Services (CMS) on Nov. 1, 2018, published the Calendar Year (CY) 2019 Final Rule for the Medicare Physician Fee Schedule (PFS).
Morrison & Foerster LLP
To be clear, the bondage here is the bond requirement under Federal construction contracts, and the doctrine does not appear in the catechism but in the Court of Claims' old decision...
Kramer Levin Naftalis & Frankel LLP
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
Kramer Levin Naftalis & Frankel LLP
This decision is based upon a series of bankruptcy cases involving OnSite.
Wolf, Greenfield & Sacks, P.C.
The USPTO refused registration of the mark COCOON BY SEALY in standard character and design form, finding the mark likely to cause confusion with the registered mark SLEEP COCOON, both for mattresses and pillows.
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Lewis Brisbois Bisgaard & Smith LLP
The California Private Attorneys General Act (PAGA) permits an "aggrieved employee" to step into the shoes of the Labor Commissioner and recover civil penalties and attorneys' fees...
BakerHostetler
Back in March, the D.C. Circuit trimmed back a 2015 Federal Communications Commission (FCC) order that expanded the scope of the Telephone Consumer Protection Act (TCPA).
Ogletree, Deakins, Nash, Smoak & Stewart
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL),
Dentons
California law has long held that the parent and controlling shareholder of an insured corporation has no standing to sue for breach of contract or bad faith under an insurance policy issued to the corporation.
Ogletree, Deakins, Nash, Smoak & Stewart
On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court's order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant.
Epstein Becker & Green
In April 2018, we wrote about the California Supreme Court's decision in Dynamex Operations West, Inc. v. Superior Court
Arnold & Porter
Once again this year, much of the activity at the intersection of antitrust and intellectual property law has revolved around the issue of industry standards
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In the United States, patent owners can seek several different types of remedies when considering a patent infringement litigation.
Pryor Cashman LLP
Writing for Managing Intellectual Property, Dyan Finguerra-DuCharme and Giovanna Marchese explore the circumstances ...
Jones Day
In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled that, because an anti-assignment clause in a promissory note...
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