Constitutional Law, Commercial Law & Contracts, Civil Procedure

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

by Jon E. Goetz, Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 5/15/2013

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

Court Holds That Statute Of Limitations Applies To Section 50(a)(6) Constitutional Claims

by David Johnson | Winstead PC on 5/10/2013

In Priester v. JPMorgan Chase Bank, N.A., homeowners sued for declaratory relief against their lender claiming that the lien on their home was void under the Texas Constitution. No. 12-40032, 2013 U.S. App. LEXIS 3097 (5th...more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina

by Burnet Maybank III, Rick Reames III, Jim Rourke | Nexsen Pruet, PLLC on 5/8/2013

Close to a year and a half after hearing oral arguments in Bodman v. South Carolina, the South Carolina Supreme Court has upheld the “seven caps” and “eighty seven exemptions” found under the State’s sales tax. (Op. No. 27248...more

Sutherland SALT Shaker: April 2013 Digest

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Saabir Kapoor, Jessica Kerner, Shane Lord, Pilar Mata, more +Suzanne Palms, Kathryn Pittman, David Pope, Maria Todorova, Jack Trachtenberg, Prentiss Willson | Sutherland Asbill & Brennan LLP on 5/1/2013

In this issue: - California Court of Appeal: No Man May Profit From His Own Wrongdoing in a Court of Justice - The (True) Object of My Affection: A Nontaxable Stock Screening Service - Alternate Universe...more

The Efforts to Legalize Sports Betting in New Jersey—A History

by Christopher Soriano | Duane Morris LLP on 4/16/2013

A complex and expensive battle between the National Collegiate Athletic Association (NCAA) and the four major professional sports leagues and the state of New Jersey over whether New Jersey’s casinos and racetracks can offer...more

Federal Court Orders FDA to Approve OTC Sales of “Morning-After Pill,” Finds Current Age and Point-of-Sale Restrictions to be...

by Fuerst Ittleman David & Joseph, PL on 4/11/2013

On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...more

Spotlight on SALT: New York Court of Appeals Upholds the State's "Click-Through Nexus" Statute

by Baker, Donelson, Bearman, Caldwell &... on 4/8/2013

On March 28, 2013, in Overstock.com, LLC v. New York State Dept. of Taxation and Finance, the New York Court of Appeals, New York's highest court, upheld the New York State "click-through nexus" statute against a challenge...more

Standing: An Affirmative Defense To Mortgage Foreclosure

by Schecter Law on 4/1/2013

To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing...more

Gun Lobbies Strike Out Third Time in Federal Court

by Lawyers.com on 3/25/2013

Ray Woollard will have to keep his guns at home, now that the Fourth U.S. Circuit Court of Appeals has ruled that Maryland can legally require him to state a “good and substantial reason” to carry a loaded handgun in public....more

Appellate Notes: Week of March 18, 2013

by Edward McCreery III | Pullman & Comley, LLC on 3/22/2013

In This Issue: - SC18921- Redding Life Care, Inc. v. Redding - SC18846- Bauer v. Bauer - SC18947- State v. Charlotte Hungerford Hospital - AC34075- Carrillo v. Goldberg - AC33764- Alarmax...more

LinkedIn Data Breach Lawsuit Dismissed For Lack Of Standing

by Amelia Gerlicher, James McCullagh | Perkins Coie on 3/19/2013

A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more

Bankrupt Municipality May Reduce Retiree Benefits

by Aaron Kleven | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

In Fontainebleau Appeal, Eleventh Circuit Confirms That Term Lenders Lack Standing To Enforce Revolving Lenders’ Commitments

by Julian Chung, Matthew Craner, Joseph Frank, Jason White | Orrick, Herrington & Sutcliffe LLP on 3/1/2013

Last week, the Eleventh Circuit Court of Appeals held that lenders in syndicated credit facilities do not have standing to enforce the funding commitment that other lenders owe to the borrower in the absence of specific...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 2/28/2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

Magistrate Recommends Dismissal with Prejudice of Claims Against Global Payments

by Craig Hoffman | BakerHostetler on 2/20/2013

Global Payments, which processes credit card transactions, announced on March 30, 2012 that an unauthorized person gained access to a portion of its processing system. Global Payments later disclosed that Track 2 data (card...more

Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine...

by Audrey Aden Doline, Sharon J. Richardson, Michael Stevens | Cadwalader - Financial Restructuring on 1/25/2013

On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern...more

Burr Alert: Evolving Bankruptcy Jurisdiction - Ninth Circuit Rules That Bankruptcy Courts Cannot Enter Final Judgment On...

by Kasee Sparks Heisterhagen | Burr & Forman on 1/24/2013

Before the Supreme Court’s seminal ruling in Stern v. Marshall, bankruptcy courts regularly entered final orders in fraudulent conveyance actions and other “core” matters. In Stern v. Marshall, the Supreme Court ruled that...more

Reed Smith Massachusetts Quarterly Update - 4th Quarter 2012

by Michael Jacobs, Robert Weyman | Reed Smith on 1/21/2013

Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Massachusetts. Every three months we will be updating you on the key cases and administrative releases, as well as...more

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

by Janet F. Satterthwaite | Venable LLP on 1/16/2013

The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

by Jedediah Wakefield, Sean Wikner | Fenwick & West LLP on 1/15/2013

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

by Paul Devinsky, Rita Weeks | McDermott Will & Emery on 1/15/2013

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

by Kenneth Kuwayti | Morrison & Foerster LLP on 1/13/2013

The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second...more

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Constitutional Law › Commercial Law & Contracts › Civil Procedure