Wilson Elser

U.S. Supreme Court Upholds Disparate-Impact Claims in Fair Housing Act Cases

On June 25, 2015, in Texas Dep't of Housing and Community Affairs v. Inclusive Communities Project, the U.S. Supreme Court held that a plaintiff may establish a prima facie case under the Fair Housing Act (FHA) on the basis of…more
| Civil Procedure, Civil Rights, Constitutional Law, Real Estate - Residential, Taxation

Eleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers That Arose Out of Their Wrongful Acts as Trustees, an Uninsured Capacity

On Monday, June 22, 2015, the Eleventh Circuit, in The Langdale Company v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14-12723 (11th Cir. 2015), ruled for the insurer on a “capacity” exclusion in a director and…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance

Supreme Court’s Marriage Decision Should Prompt Employers’ Review of All Employment Policies

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. … Their plea…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law

Welcome to the Digital Age, Officer

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which…more
| Communications & Media Law, Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

Dealing with Product Liability Down Under

Up to now, we have written about many different topics on this site that focus on how product liability issues are litigated in the United States. Through a collaborative effort with our friends at the Australia-based law firm…more
| Products Liability

Kentucky Supreme Court Reinforces Importance of Properly Incorporated Arbitration Provisions to Larger Agreements

The Kentucky Supreme Court recently held that an arbitration provision signed by a class of students upon their application and acceptance to a for-profit college was unenforceable because the enrollment agreement did not…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Education

Hope for Computer-Related Patents

“Let's be clear: if all of these claims, including the system claims, are not patent-eligible, this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents as…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Commercial Division of the New York State Supreme Court Implements Rules to Streamline Litigation, Improve Efficiency, Enhance Judicial Expertise and Limit Costs

Background - In 1995, due to a growing caseload of complex commercial litigation matters being filed in New York State Supreme Court (New York’s trial-level court of “supreme” jurisdiction), the Office of Court…more
| Civil Procedure, Commercial Law & Contracts

Colorado Supreme Court Upholds Employers’ Right to Terminate for Use of Medical Marijuana During Nonworking Hours

On June 15, 2015, in Coats v. Dish Network, No. 13SC394, the Colorado Supreme Court unanimously held under the plain language of C.R.S. § 24-34-402.5, Colorado’s “lawful activities statute,” that the term “lawful” refers only to…more
| Conflict of Laws, Labor & Employment Law

Supreme Court Requires Proof of Criminal Intent Even If Facebook Threats Are Obvious to a Reasonable Person

On June 1, 2015, in Elonis v. United States, ____ U.S. ___ (2015) (Docket #13-983), a case involving statements made on the Criminal Defendant/Petitioner’s Facebook page, the U.S. Supreme Court reversed the Third Circuit’s…more
| Communications & Media Law, Criminal Law

Michael Jordan Defends His Right to Remain in Court to Protect His Likeness

On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Chinese Court Stuns New Balance with $16 Million Verdict: Lessons on Doing Business in China

On April 24, 2015, Guangzhou Municipal Intermediate People’s Court in south China’s Guangdong Province stunned Xinbailun Trade (China) Co., the local sales company for the well-known U.S. sports brand New Balance, with a $16…more
| Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade

Montana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice

On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Kentucky Federal Court Sustains Hospital Insurer’s Denial of Claim Due to Untimely Notice, Declines to Require Insurer Show Prejudice

The U.S. District Court for the Eastern District of Kentucky recently held that an insurer properly denied coverage to a hospital because the hospital gave untimely notice of the claim. In Ashland Hospital Corporation v. RLI…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Health, Insurance

Citizens Property Insurance Corporation Immune to Statutory Bad Faith Claims

The Florida Supreme Court has decided unanimously that the Florida legislature did not intend for Citizens Property Insurance Corporation (a state-created entity that provides property insurance) to be liable for statutory,…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance
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