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Damages Remedies

Butler Snow LLP

Leveraging the UCC for Sellers

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For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more

Axinn, Veltrop & Harkrider LLP

No Damages, No Injunction . . . and No Opposition?

The Federal Circuit will hear oral argument on March 5, 2024, in In re: California Expanded Metal Products, Co., No. 23-1140, a case that presents two intriguing issues regarding patent remedies. The first issue is the...more

A&O Shearman

Deemed fulfilment is a legal fiction which is not part of English law

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The High Court has ruled that English law does not recognise a doctrine that deems conditions precedent to a debt as having been fulfilled where the reason they have not been is the fault of the person that would owe the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

McDermott Will & Emery

Tag, You’re It: Sanctions Award Must Reflect Violative Conduct

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit determined that an accused infringer was entitled to a new trial relating to validity issues but still faced sanctions for its continuous disregard of its discovery obligations....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Expands Make-Whole Remedy to Include ‘Direct or Foreseeable’ Damages

Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the...more

Miles & Stockbridge P.C.

NLRB Broadens Traditional Remedy to Include ‘Direct or Foreseeable’ Damages

Miles & Stockbridge P.C. on

The National Labor Relations Board announced Tuesday that it was expressly expanding the scope of its traditional “make whole” remedy to require employers to compensate wrongfully terminated employees for all “direct or...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

McDermott Will & Emery

Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to...

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The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Misappropriation: Denial of Motion for Attorneys’ Fees under CUTSA is Not an Appealable Order

Whether a court order is appealable is often the first issue analyzed by appellate attorneys. An interlocutory order is an order issued by a court while a case is pending. These orders are not a final disposition of the case,...more

Faegre Drinker Biddle & Reath LLP

Defense “Victory” Against Employee’s Spouse in COVID-19 Exposure Case

On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory...more

Woods Rogers

Make It Stop: What A Court Can And Can't Order A Defamation Defendant To Stop Saying

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A defamatory statement or publication can cause serious damage to a person’s business or professional reputation. Monetary damages are always available to the victim of defamation, but in some cases, damages do not fit a...more

Winstead PC

Presentation: Remedies for Breach of Fiduciary Duty Claims

Winstead PC on

David F. Johnson presented his paper on “Remedies for Breach of Fiduciary Duty Claims” to the Tarrant County Probate Bar Association’s Litigation Seminar on August 7, 2020. This presentation covered pre-trial remedies such as...more

Conn Kavanaugh

Tenant May Not Recover Personal-Injury Damages Under Implied Warranty of Habitability for Slip and Fall on Icy Driveway

Conn Kavanaugh on

The Facts: Goreham v. Martins, No. SJC 12761, 2020 WL 3407710 (Mass. June 22, 2020) - On a cold day in January 2010, Robert Goreham exited his apartment through the rear fire escape and walked down the building’s driveway...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Potential Impact of Terrorism Lawsuits Under the Antiterrorism Act on Ordinary Corporate, Banking and Sovereign Enterprises

In the last 30 years, the U.S. Congress has enacted several laws enabling victims of terrorism to seek damages in U.S. federal courts. The central piece of legislation in this regard, the Antiterrorism Act of 1990 (ATA), has...more

Greenberg Glusker LLP

Supreme Court Unanimously Holds that Willfulness is Not a Prerequisite for an Award Disgorging Trademark Infringer’s Profits

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On April 23, 2020, the United States Supreme Court unanimously held that the Lanham Act does not require a showing of willful infringement to justify an award of defendant’s profits to the plaintiff. Romag Fasteners, Inc. v....more

U.S. Equal Employment Opportunity Commission...

Regency Park Assisted Living & Memory Care Sued by EEOC for Pregnancy Discrimination

Retirement Community Failed to Hire Pregnant Woman, Federal Agency Charges - TAMPA - Excel Hospitality Group LLC d/b/a Regency Park Assisted Living & Memorial Care, an assisted living facility in Eustis, Florida, violated...more

Patton Sullivan Brodehl LLP

A Lease and a Lease Guaranty Involve Different Rights and Remedies

Sister blog The LLC Jungle recently posted about an opinion from California’s Sixth District Court of Appeal — Orozco v. WPV San Jose, LLC — describing the legal difference between an LLC tenant, and the LLC’s owner who...more

Patton Sullivan Brodehl LLP

An LLC And Its Owner Are Not the Same Legal “Person”

A limited liability company (LLC) is a popular form of business entity. One of the main reasons for forming any business entity is to limit liability. In general, without a showing of “alter ego” liability, a business owner...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

White & Case LLP

Chapter 16: Remedies and sanctions – Unlocking the EU General Data Protection Regulation

White & Case LLP on

Why does this topic matter to organisations? Whereas the remedies and sanctions available to DPAs under the Directive were comparatively low (generally subject to a maximum of less than €1 million per infringement, with...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

Sunstein LLP on

On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

Proskauer - Law and the Workplace

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more

Eversheds Sutherland (US) LLP

The Supreme Court weighs in on copyright matters – a costly decision and a registration requirement

It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. ...more

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