General Business Constitutional Law Civil Remedies

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Unanimous Supreme Court: Burden of Proof on Infringement Always on Patentee

In terms of the question presented, the Supreme Court of the United States answered that when a licensee seeks declaratory judgment against a patentee, asserting that its products do not infringe the licensed patent, “the...more

New Hampshire Law Treats Skid Steer Loaders Just Like Sedans

Recently passed legislation in New Hampshire pertaining to business practices between motor vehicle manufacturers, distributors and dealers is giving heavy equipment manufacturers a cause for concern and has resulted in the...more

New York Federal Court Blocks Enforcement of “No Credit Card Surcharge” Law

Commenting that “Alice in Wonderland has nothing on” a New York law that prohibits merchants from imposing a surcharge on credit card purchases, a New York federal court has entered a preliminary injunction that prohibits the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 4, 2013

Dash v. Mayweather, USCA, Fourth Circuit, September 26, 2013 - In copyright infringement action arising from unauthorized use of musical work during televised wrestling events, Fourth Circuit affirms grant of summary...more

When Inverse Condemnation and Eminent Domain Overlap: Owners Beware of Attorney Contingency Fee Arrangements

Property owners are routinely hiring attorneys well in advance of a public agency's filing of an eminent domain action. Many times, the representation begins before it is even certain whether the agency will actually move...more

California City Votes To Pursue Eminent Domain Plan, Legal Challenge Found Not Ripe For Injunction

On September 11, the California city of Richmond reportedly voted to proceed with a plan to employ its eminent domain authority to seize certain mortgages. As previously described, the city recently demanded that owners and...more

Showdown in the Richmond: The City of Richmond Threatens Eminent Domain on Underwater Loans

BREAKING NEWS: In a contentious 4-3 decision and amid more than 300 community members on both sides of the issue, the City Council for the City of Richmond voted to continue pursuing its eminent domain plan in the early...more

Investors Sue To Preempt Locality’s Planned Seizure Of Mortgages Using Eminent Domain; FHFA Outlines Potential Responses

On August 7, trustees representing the interests of investors in mortgage backed securities filed two separate suits to halt the planned use of eminent domain by the city of Richmond, California to seize a group of mortgages....more

The Enhanced Scrutiny of Class Definitions Under the Ascertainability Requirement: An Additional Hurdle for Plaintiffs or an...

When a plaintiff seeks certification of a class, the issue of whether the class is “ascertainable” has become an increasingly significant battleground issue in class certification proceedings. While not explicitly set out in...more

Lenders React to Richmond's Plan to Condemn Mortgages by Filing Suit

We all knew this was coming (see my post from July 23). If you poke a sleeping giant, it's going to file a lawsuit against you in federal court. Yesterday, in response to the City of Richmond's preliminary actions to...more

Supreme Court to Determine the Appealability of Merits Decisions When Contractual Fee Disputes Remain Unresolved

The U.S. Supreme Court recently granted certiorari in a case that could have far reaching impact in litigation involving federal claims for attorney’s fees. In Ray Haluch Gravel Co. v. Central Pension Fund of the...more

Reed Smith Sues, Cook County Backtracks…A Bit

Reed Smith has been advised, by representatives of Cook County (the “County”), that the County will be revising the language of the County Ordinance implementing the Cook County Non-Titled Personal Property Use Tax (the “Use...more

Cook County Use Tax Litigation Update

On May 7, 2013, a complaint was filed against Cook County to enjoin the county from enforcing its newly enacted Cook County Personal Property Use Tax (“Tax”). The Cook County Circuit Court has now set a briefing schedule on...more

Stanislaus County Moving Forward with Claribel Road Project

After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more

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

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

Sutherland SALT Shaker: April 2013 Digest

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

To amparo or not to amparo?

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...more

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

Big Year For Published Eminent Domain Decisions

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Winery Which Has Plans For Pricy Premium Wine, But Has Not Yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines...

A winery which planned to increase sales revenues by developing a flagship estate cabernet wine using grapes grown on its own vineyard land, but has never been profitable in the past, does not have a claim for compensation...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

The Condo Report: Special Edition - All about pets in condominiums

TABLE OF CONTENTS: - 1 Pet Restrictions in Condominiums - 4 Condo Pet Eviction - 5 Another Condo Pet Eviction - 6 Enforcement of Pet Rules – Something New! - 7 Nuisance Pets in Condominiums – It’s not the Dog’s...more

Prejudgment Attachment

...Florida law provides that a judge may issue a writ of attachment “when the debtor (1) Is actually removing the property out of the state; (2) Is fraudulently disposing of the property to avoid the payment of his or her...more

Prejudgment Attachments and Fraudulent Conveyance Claims in Fidelity Litigation

I. Introduction - It is not difficult to imagine that you file an action to recover a loss and the defendant hastily transfers the cash to friends, wires money to relatives overseas, hides the vehicles out of state,...more

Tenants may get paid when property is ‘taken’

Originally published in the Seattle Daily Journal of Commerce on September 13, 2012. What rights do tenants have in an eminent domain proceeding? It has been established law in Washington that tenants have the right...more

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