Counterclaims

Alabama Supreme Court Addresses Coverage for Faulty Workmanship Claim

by Traub Lieberman Straus & Shrewsberry LLP on 5/7/2013

In its recent decision in Shane Traylor Cabinetmaker, L.L.C. v. American Resources Ins. Co., Inc., 2013 Ala. LEXIS 42 (Ala. May 3, 2013), the Supreme Court of Alabama had occasion to consider whether a general liability...more

Real Estate Law Alert - Court Dismisses "Buyer's Remorse" Claim and Awards Developer $577,000 in Attorneys' Fees

by Matthew Zangwill | Ruskin Moscou Faltischek on 4/23/2013

Back in Autumn, 2010, we wrote that purchasers of condominium units in the New York metropolitan area were invoking the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§1701-20 (ILSA), to cancel their agreements to...more

Rogers Towers: In re Sundale, Ltd.: Bankruptcy Court May Have Final Say in Certain State-law Counterclaims

by Scott St. Amand, J. Ellsworth Summers, Jr. | Rogers Towers on 3/19/2013

As we have discussed in previous posts, the Supreme Court has held that not all counterclaims which arise within the context of a bankruptcy case are “core” proceedings, such that the bankruptcy court may make a final and...more

Should You Sue Your Contractor?

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 3/1/2013

Suppose you decided to have some work done in your house – you planned what you’d like to do, you found a contractor, signed a contract, and the contractor started work....more

Ninth Circuit Vacates MGA's Trade Secrets Counterclaim Award

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/18/2013

The long-running dispute between Mattel and MGA Entertainment is one of the most notable, costly competition cases of the last decade. As most readers probably know, Mattel makes the popular Barbie line of dolls and sued its...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 2/1/2013

In This Issue: - Mattel v. MGA Entertainment: Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...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

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