Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast
PODCAST: Williams Mullen's Benefits Companion - Cybersecurity Considerations for Retirement Plan Sponsors
Making Effective Use of the Claims/Disputes Process
A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more
A recently published decision of Saseeshkumar v. Venugopal confirms that a request to amend a Complaint and/or Counterclaim for Divorce can and should be freely permitted in the interests of justice. While the facts here are...more
Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more
The Eighth Circuit Court of Appeals has affirmed the denial of a motion to stay pending arbitration because the claims of the franchisor, Breadeaux’s Pisa, did not fall within the mandatory stay provision of the Federal...more
The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more
On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more
The Governor of Ohio signed amended House Bill 126 into law on April 21, 2022, greatly restricting the ability of Ohio’s public school districts to challenge property tax valuations. Once the law goes into effect on July...more
Just over five years after the California-based retail giant Deckers Outdoor Corp. (Deckers) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd (Australian Leather) for trademark infringement,...more
A long-running battle between Deckers Outdoor Corp., the makers of UGG boots, and Australian Leather PTY Ltd. may finally be over after a May 7 ruling by the United States Court of Appeals for the Federal Circuit. The battle...more
CAP EXPORT, LLC v. ZINUS, INC. Before Dyk, Bryson, and Hughes. Appeal from the United States District Court for the Central District of California. Summary: A judgment and injunction were properly set aside pursuant to...more
The Bullet Point: An Ohio Commercial Law Bulletin Is my interest in a deed subject to the Stranger Rule? October 15, 2020 Compulsory Counterclaims to foreclosure Helfinstine v. Wells Fargo Bank, NA, 9th Dist. Summit...more
In Amneal Pharmacueticals LLC v. Almirall, LLC, the Federal Circuit professed to address a question it had not considered before: whether attorney's fees and a exceptional case determination was available for fees and costs...more
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more
PATENT CASE OF THE WEEK - Myco Industries v. BlephEx, LLC, Appeal No. 2019-2374 (Fed. Cir. April 3, 2020) - This week’s Case of the Week concerns issues relating to free speech in the patent infringement context. In an...more
The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more
In Chalker Energy Partners III LLC v. LeNorman Operating LLC, the Texas Supreme Court reaffirmed its belief in the sanctity of the written contract and the freedom of parties to negotiate and agree to contracts as they...more
On December 19, the Court of Appeals for the Third Circuit became the first federal circuit court of appeals to hold that a bankruptcy court may confirm a plan containing nonconsensual third-party releases without exceeding...more
Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more
In most states for certain claims, the statute of limitations is tempered by the "discovery rule," under which the limitations period does not start until the claimant knew or should have known of its claim against the...more
The US Court of Appeals for the Federal Circuit held that a counterclaim plaintiff was estopped from relitigating antitrust claims in a separate action where the prior judgment allegedly involved separate and alternative...more
Miller Marital Deduction Trust v. Zurich American Insurance Company, — P.3d –, 2019 WL 5304862; First Appellate District Court of Appeal, Division Three, Case No. A155398 (October 21, 2019). In Miller Marital Deduction...more
Curver Luxembourg, SARL v. Home Expressions Inc., Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019) In a significant case in the field of design patents, the Federal Circuit clarified the scope of design patent infringement...more
INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral...more
The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more
Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more