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Civil Remedies Updates

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Avoiding State Law Pitfalls (Part 4 of 4)

by Bryan Cave on

This is the fourth hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #4 - A manager of a Minneapolis, Minnesota restaurant calls you regarding an employee who...more

Supreme Court Ruling Promises To Reshape Major, Multiparty Litigation in Federal Court

In Bristol-Myers Squibb v. Superior Court of California, No. 16-466, slip op. (U.S., June 19, 2017), the United States Supreme Court provided further clarification regarding the exercise of personal jurisdiction over...more

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more

The Slants, The Redskins, and Free Speech for All Parties

This week’s Matal v. Tam (formerly Lee v. Tam) Supreme Court ruling serves as a reminder that free speech is a two-way street. It also suggests the value of a sympathetic litigant, at least in terms of public response....more

Enforcing awards against states – is it becoming more difficult?

by Hogan Lovells on

Enforcing awards against states – is it becoming more difficult? Energy companies frequently face disputes against states. If successful in such disputes, claimants have to enforce the award or judgment against the state's...more

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

by Dorsey & Whitney LLP on

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S....more

Update: Ban on Registering “Disparaging” Trademarks Unconstitutional

by Genova Burns LLC on

In a unanimous opinion based on differing rationale, the Supreme Court held that the federal prohibition on registering “disparaging” trademarks is unconstitutional. (Matal v. Tam, No. 15-1293)....more

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

Captain Morgan makes Admiral Nelson’s walk the plank

by Smart & Biggar on

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

Enforcement of International Arbitral Awards in the U.S. – Could a Court Abstain Due To “Inconvenience”?

Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens...more

Supreme Court strikes down Lanham Act's disparagement clause as unconstitutional

by Dentons on

In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause" of the federal trademark...more

Uncompensated "Off-the-Clock" Work Time Nets Call Center Nurses a $6.2 Million Settlement

by Baker Ober Health Law on

Late last year, more than 1,300 "advice nurses" working at call-in centers providing answers to patient health care questions for Kaiser Permanente and Permanente Medical Group filed a class action lawsuit for unpaid wages...more

Matal v. Tam: Trademark Disparagement Clause Held Unconstitutional

by Shearman & Sterling LLP on

Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute”...more

Avoiding State Law Pitfalls (Part 2 of 4)

by Bryan Cave on

This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #2 - A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee...more

Matal v. Tam: The Supreme Court Says You Can Register &%$£!*®

On June 19, 2017, the US Supreme Court in Matal v. Tam unanimously affirmed a decision by the US Court of Appeals for the Federal Circuit that Section 2(a) of the Lanham Act, which precludes “disparaging” trademark...more

Non-Competition Clauses: Enforceable or Just for Show?

by Field Law on

When can a non-competition clause actually stop someone from working? Or are these clauses just for show? Let's take a look at a couple of cases involving departing employees who find themselves in hot water with a former...more

No Mandatory Exhaustion of Administrative Remedies for Proposition 218 Challenge - California Court of Appeal Allows Challenge to...

by Best Best & Krieger LLP on

A ratepayer is not required to file a written protest or appear at a public hearing for the adoption of new or increased property-related fees prior to filing a legal challenge to those fees, a California Court of Appeal...more

Supreme Court overturns the Federal Circuit, granting more flexibility to biosimilar makers

by Thompson Coburn LLP on

In a unanimous opinion, the United States Supreme Court again reversed the Federal Circuit in Sandoz Inc. v. Amgen Inc., interpreting the meaning of key provisions of the Biologics Price Competition and Innovation Act of...more

Northern District Of California Dismisses Securities Fraud Class Action, Finding Plaintiffs Had Alleged "Injury In Fact"...

by Shearman & Sterling LLP on

On June 12, 2017, Judge Richard Seeborg of the United States District Court for the Northern District of California dismissed without prejudice a putative securities class action against Charles Schwab & Co. (“Schwab”) under...more

Federal Circuit Patent Updates - June 2017

by WilmerHale on

Nexlearn, LLC v. Allen Interactions, Inc. (No. 2016-2107, -2221, 6/19/17) (Moore, Schall, Hughes) Moore, J. Affirming dismissal due to lack of personal jurisdiction....more

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

by Shearman & Sterling LLP on

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense

by Cozen O'Connor on

The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ of prohibition, awarding it an immediate dismissal of the insureds’ bad faith claims. State ex rel. Universal Underwriters...more

Southern District Of New York Dismisses Securities Claims For Failure To Sufficiently Allege Misstatements And Scienter

by Shearman & Sterling LLP on

On June 13, 2017, Judge Vernon S. Broderick of the United States District Court for the Southern District of New York dismissed a putative securities class action against gold mining and exploration company Pretium Resources,...more

Supreme Court Ruling Bodes Well for Future of Redskins Trademarks

by Sands Anderson PC on

On Monday, the Supreme Court of the United States ruled in the case of Matal v. Tam that the law prohibiting the registration of disparaging trademarks violates the First Amendment and is therefore unconstitutional. The...more

Fourth and Ninth Circuits Sink Trump Travel Ban as Prelude to High Court Review

by Genova Burns LLC on

In the most recent judicial setbacks to President Trump’s Executive Order earlier this year suspending the U.S. entry of aliens from six Muslim-majority countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen), reducing the...more

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