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Searching Content indexed under Litigation, Mediation & Arbitration by BakerHostetler ordered by Published Date Descending.
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1
Exmark's The Spot For Royalty Rate Apportionment
The language of the patent damages statute, 35 U.S.C. § 284, appears straightforward – "[u]pon finding for the claimant the court shall award the claimant damages adequate to compensate for
United States
20 Aug 2019
2
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
3
The Ninth Circuit Withdraws Its Opinion Applying Dynamex Retroactively; Asks California Supreme Court To Decide Instead
The Ninth Circuit Court of Appeals changed its mind and decided to ask the California Supreme Court to decide whether the California Supreme
United States
20 Aug 2019
4
Supreme Court Gives Green Light To Prosecutors "Piling On" In Cross-Border Criminal Enforcement Actions
On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S.
United States
20 Aug 2019
5
Youfit Reaches $1.4M TCPA Settlement
For most of us, gyms can be somewhat … intimidating. We're going there because we're less than perfect, of course. But why are there so many perfect people already there
United States
19 Aug 2019
6
Foodstate Settles ‘Whole Foods' Supplement Class Action
Plaintiffs allege product labels misled consumers on wholesome sourcing
United States
19 Aug 2019
7
NY Law Doesn't Prevent Arbitration Of Sexual Harassment Claims
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes
United States
16 Aug 2019
8
Return Mail May Make COFC More Attractive To Patent Holders
In 2011 the Leahy-Smith America Invents Act created three new types of post-issuance proceedings to challenge patent validity: inter partes review,[1] post-grant review[2] and covered
United States
4 Jul 2019
9
Grubhub Orders Up More TCPA Tsouris
Grubhub is an ambitious company. Founded in 2004, it had gobbled up its main competitor, Seamless, by 2013; it went public
United States
3 Jul 2019
10
Tennessee District Court Conditionally Certifies ADEA Collective Action
Connecting the dots will likely be a problem down the road .
United States
27 Jun 2019
11
When A Third-Party Defendant Is Not A Defendant – Supreme Court Reinforces Removal Loophole
In a 5-4 decision written by Justice Clarence Thomas, and in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined, the U.S.
United States
20 Jun 2019
12
Location, Location, Location. Washington Federal Court Looks To Where Benefit Plan Was Signed And Negotiated In Agreeing To Transfer ERISA Class Action To Georgia
Much like buying a home, location can mean everything when defending a class action. Therefore, it is common for defendants to try and transfer class actions to what is viewed as a more favorable
United States
19 Jun 2019
13
Sixth Circuit Affirms Complex Settlement Of FLSA Claims Involving Exotic Dancers
An FLSA collective action involving exotic dancers is brought in 2008 and settles in 2011.
United States
19 Jun 2019
14
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1.
United States
18 Jun 2019
15
Bank Settles $5 Million Parental Leave Discrimination Lawsuit
In a follow-up to our August 2018 blog post regarding a $1.1 million class settlement of the EEOC first parental leave lawsuit against a large cosmetics company, a large financial institution has just agreed to pay...
United States
18 Jun 2019
16
Mission Products V. Tempnology: The Supreme Court Speaks
In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] we wrote about the hugely important trademark law issue presented
United States
7 Jun 2019
17
Ohio Federal Court Rejects Attempt To Certify Class Against Third-Party Plan Administrator Under ERISA § 502(a)(3)
Employee Retirement Income Security Act (ERISA) claims can potentially involve significant amounts in controversy,
United States
6 Jun 2019
18
Standing In Uncertainty: Spokeo Three Years Later
In 2016, the Supreme Court issued its decision in Spokeo Inc. v. Robins, holding that even when Congress has granted parties a statutory right, a procedural violation of that right...
United States
5 Jun 2019
19
Utz Resolves All Natural False Ad Claims For $1.2 Million
Have you ever wanted to bust out exhaustive, detailed accounts of how cottonseed, corn, soybean and canola oil are processed?
United States
31 May 2019
20
Mortgage Servicer Settles Mini-Check Misery For $26 Million
Consumers allege they were trapped by invisible enrollment tag-team
United States
31 May 2019
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