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Searching Content from United States indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Courts Continue To Erode Peer Review Privilege
The Pennsylvania Supreme Court recently ruled that a state law, establishing confidentiality for medical provider peer review proceedings, did not apply to a contractor staffing a hospital's emergency department.
United States
20 Apr 2018
2
National Grange Victorious In Vacating Satisfaction Of Judgment
On April 17, 2018, the Eastern District of California set aside a partial satisfaction of judgment at the request of client the National Grange of the Order of Patrons of Husbandry when it came to light that an...
United States
20 Apr 2018
3
Our Attention Is Now Directed To: "Directed To"
I was particularly reminded of the need to address this when reading last week's Federal Circuit opinions in Vanda Pharmaceuticals v. West-Ward Pharmaceuticals.
United States
20 Apr 2018
4
An Unusual Decision Regarding Arbitration
As reported by our sister blog, ADR: Advice from the Trenches, the Northern District of Illinois recently issued an unusual decision.
United States
20 Apr 2018
5
New Jury Imposes Disproportionate Punitive Award In AbbVie Retrial
Only three months after AbbVie obtained a retrial of a case in which a jury had imposed $150 million in punitive damages without awarding any compensatory damages, a new jury awarded...
United States
20 Apr 2018
6
We, The Jury
Last week we served on a jury in a medical malpractice verdict. To put it mildly, we were surprised that we made it through the peremptory gauntlet.
United States
20 Apr 2018
7
PTAB Declines To Vacate Final Written Decision In Inter Parties Review Despite Settlement
Settling an inter partes review after a final written decision by the Patent Trial and Appeal Board may not result in the PTAB vacating the decision.
United States
20 Apr 2018
8
Plaintiff Torpedoed With Attorneys' Fees For "Objectively Unreasonable" Copyright Claim
In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys' fees against a plaintiff who the court found brought an "objectively unreasonable" copyright infringement claim...
United States
20 Apr 2018
9
Federal Authorities Continue To Monitor Proposed Class Action Settlements
Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel...
United States
20 Apr 2018
10
Whiplash: When A Court Finds That The Parties' Claims Are Within The Scope Of A Valid Arbitration Agreement, But It Will Not Compel Arbitration
Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS).
United States
19 Apr 2018
11
PJM Files Two Alternate Proposals To Address State-Subsidized Resources In Capacity Markets
On April 9, 2018, PJM Interconnection, L.L.C. ("PJM") filed two alternative proposals to address supply-side state subsidies that, as PJM argues, could otherwise depress prices in PJM's capacity...
United States
19 Apr 2018
12
Unreasonable Delay In Filing Patent Infringement Litigation May Prevent Suit In A District Where Defendants Have Ceased To Have A Physical Presence
Defendants may try to avoid being sued for patent infringement in a district by closing their offices in that district so they have no physical presence there and venue is improper.
United States
19 Apr 2018
13
Hospital Not Vicariously Liable For Acts Of Employees Of Unrelated, Independent Clinic Under Apparent Agency Theory
In a split decision, the Illinois Supreme Court holds that a hospital could not be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an unrelated ...
United States
19 Apr 2018
14
TTAB Test: Is "THE MASTER CLASS" Generic For Educational Services In The Field Of Beauty?
The USPTO refused to register THE MASTER CLASS, finding it to be generic for "providing educational demonstrations in the field of make-up application ...
United States
19 Apr 2018
15
Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action
This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant...
United States
19 Apr 2018
16
Second Circuit Limits Reach Of SLUSA Preclusion In State Law Variable Annuity Class Action
In O'Donnell v. AXA Equitable Life Insurance Co., No. 17-cv-1085, 2018 WL 1720808 (2d Cir. Apr. 10, 2018), the United States Court of Appeals for the Second Circuit ...
United States
19 Apr 2018
17
Financial Services 2017 Year-End Report
In 2017, consumers initiated nearly 10,000 lawsuits alleging violations of the Fair Debt Collection Practices Act (FDCPA). See WebRecon LLC, Stats for November 2017: Bizarro Stats ...
United States
19 Apr 2018
18
Stan Gibson: Closing Arguments, WCM Industries, Inc. Vs IPS Corporation (Video)
Highlights from Stan Gibson's closing arguments in a patent infringement case for client WCM Industries, against IPS corporation. Stan served as lead counsel.
United States
19 Apr 2018
19
Southern District Of New York: Preclusive Effect Given To TTAB Decision On Likelihood Of Confusion In Trademark Infringement Litigation
In 2015, the U.S. Supreme Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., 135 S.Ct 1293 (2015), that a decision of the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office ...
United States
19 Apr 2018
20
The May 31 Deadline For 2018 Property Tax Appeals For Commercial And Industrial Properties Is Near
May 31 is the deadline for filing property tax assessment appeals in the Michigan Tax Tribunal which contest the value of property classified as commercial real property ...
United States
18 Apr 2018
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