News & Analysis as of

Constructive Notice

Showing “Notice” of a Dangerous Condition on Public Property is not that Easy!

Woodland Hills personal injury attorney Barry P. Goldberg gets regular case inquiries about sidewalk trip and falls. Sometimes the injuries can be devastation. However, many potential clients assume that since the dangerous...more

Third Circuit Rules that Samsung Cannot Compel Arbitration Based on Clause “Buried” in Safety and Warranty Guide

by Genova Burns LLC on

The Third Circuit Court of Appeals recently held that Samsung cannot force arbitration in a consumer fraud class action about the battery life of its Galaxy Gear S Smartwatch. ...more

Mass. Bankruptcy Court: Mortgage with Incorrect Legal Description Is Avoidable by Chapter 7 Trustee

by Goodwin on

On January 4, 2017, the United States Bankruptcy Court for the District of Massachusetts found that a Chapter 7 Trustee could avoid the debtor’s mortgage and preserve it for the benefit of the bankruptcy estate. The opinion,...more

The Constructive Notice Doctrine in Action

by Gray Reed & McGraw on

Today’s “pay attention” edition begins with a quiz. What is the most important thing to read carefully: a. Speed limit sign in small-town (insert name of Southern state). b. Itinerary for that dream vacation, the...more

Kinast v. Target

Jefferson T. Collins Prevailed by Summary Judgment in a Premises Liability Negligence Matter - On behalf of his client, Target Corporation, Jefferson T. Collins, Jones, Skelton & Hochuli, prevailed by summary judgment...more

Pre-Issuance Damages Possible Only If You “Know” About the Published Application - Rosebud LMS Inc. v. Adobe Systems Inc.

by McDermott Will & Emery on

Addressing for the first time the notice requirement for pre-issuance damages under 35 USC § 154(d), the US Court of Appeals for the Federal Circuit affirmed the grant of summary judgment of no pre-issuance damages where the...more

Actual Notice Requirement Presents Challenge for Collecting Pre-Issuance Damages

Most patent owners are aware that under 35 U.S.C. § 154(d), publication of a United States patent application confers provisional rights to the patent owner. The provisional rights allow an owner to collect damages for...more

Deed by a Disabled Person is Void, Not Voidable

by Pessin Katz Law, P.A. on

The Maryland guardianship laws do not fully describe the consequences of a disabled person’s entry into a transaction without the knowledge of their guardian. Is the transaction void or voidable? Is one who advances funds...more

District Court Grants Summary Judgment of No Damages for Failure to Mark

Plaintiff Juno Manufacturing, LLC ("Plaintiff" or "Juno") filed a patent infringement complaint against Defendant Nora Lighting, Inc. ("Defendant" or "Nora"). The complaint alleged that Defendant infringed Plaintiff's patent,...more

Notice Me: The New Notice Requirements for HOA Lien Foreclosures in Nevada

In a previous blog post, we reported on Senate Bill 306, passed by Nevada Governor Brian Sandoval on May 28, 2015. The legislation redresses the substantial harm caused by SFR Investments Pool 1, LLC v. U.S. Bank, N.A. In SFR...more

2015 Legislative Changes to Florida's Limited Liability Company Act

by Akerman LLP on

During the 2015 legislative session, the Florida legislature adopted amendments to Chapter 605 of the Florida Statutes. Chapter 605 is the Florida Revised Limited Liability Company Act (Florida Revised LLC Act). The bill...more

Mortgage Recording Requirements: Tiny Technical Defect Strikes Again

by Pepper Hamilton LLP on

Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) – A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded...more

Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

by Pepper Hamilton LLP on

Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) – A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed...more

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email

by Fenwick & West LLP on

A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications...more

Bordering on Unlucky – Gift Card Holders May Not File Late Claims

Don’t wait to spend those gift cards sitting in your junk drawer. The Second Circuit Court of Appeals held in an October 29, 2014 decision that gift card holders may be out of luck trying to file claims for unused gift cards...more

Ninth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users

by Wilson Elser on

The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12–56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in...more

Proposed Changes to Pennsylvania Mechanics’ Lien Law Would Provide for Internet-Based Directory to Serve as a Standardized...

by Pepper Hamilton LLP on

Pending House Bill 473 seeks to amend the current lien law by creating a centralized construction notices registry in Pennsylvania known as the State Construction Notices Directory (“Directory”), which would provide owners...more

North Dakota Good Faith Purchasers: At What Point is Notice Relevant?

by Gray Reed & McGraw on

The Question - In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party...more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

by Ballard Spahr LLP on

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Copyright Statute of Limitation Trigged on Actual or Constructive Notice

by McDermott Will & Emery on

Psihoyos v. John Wiley & Sons, Inc. - Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court’s denial of summary judgment for the...more

Appellate Court Notes - Week of December 23

by Pullman & Comley, LLC on

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

When Is A Notice-Of-Assignment Clause Not Effective?

by Gray Reed & McGraw on

A provision in a contract, no matter how unequivocal, does not always trump the law....more

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