Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors. In many cases, the plaintiffs allege such...more
Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al....more
Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in...more
In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue. The Supreme Court case of Nealy v. Warner Chappell Music (argued before the...more
There has been a great deal of controversy about the use of Artificial Intelligence (AI) in all facets of life and now the legal field. My own firm has certain very restrictive rules about lawyers using AI, especially when...more
Forget cryptocurrency—there is another kind of investment making the news in recent years, and it is one creating some major headaches for corporate defendants: litigation funding....more
Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule...more
Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more
In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more
The days of plaintiffs’ firms making bank from frivolous litigation claims in Delaware are rapidly coming to a close. This positive development is yet another reason that Delaware-incorporated companies will want to consider...more
In the recent case of In re Conservatorship of DPV, Docket No 362139 (Mich Ct App July 27, 2023), the court explores when a court — here the probate court — can sanction a party for a “frivolous” filing....more
On July 28, 2023, the Michigan Supreme Court fundamentally altered the business and property owners’ landscape by upending a 20-year precedent. ...more
Selecting a named plaintiff in a putative class action can be one of the most important, but overlooked, decisions that a plaintiff’s counsel makes. Picking the wrong plaintiff can lead to delay, dismissal of claims, denial...more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
This article originally ran in Law360 on February 10, 2023. All rights reserved. Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more
On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more
The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued a slip opinion (subject to further revisions) Marengi v. 6 Forest Road LLC, SJC-13316 (December 14, 2022) setting the standard by which a court may require a...more
It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more
While litigants may oft use Rule 11 prematurely or inappropriately, it does have its proper time and place when deployed as intended. In the patent context, examples include when claim elements are clearly missing in an...more
Last week we discussed how useful Rule 11 can be used to recoup reasonable expenses drawn from frivolous litigation in the context of a recent decision in Imprenta Services, Inc. et al. v. Karll et al., 20-cv-6177 (C.D. CA....more
In a recent opinion from the United States Bankruptcy Court for the Eastern District of California, Judge Christopher Klein sanctioned a decedent’s estate’s representative and its lawyer for frivolously and repeatedly...more
A California appellate court affirmed the trial court's conclusion that a lawyer's anti-SLAPP motion was frivolous because the filing was not an issue of public interest, nor was it litigation activity. He was accordingly...more
This is a tale as old as time. An intellectual property creator creates intellectual property. During his lifetime, he contractually gives his intellectual property to Third Party A. He then takes it back from Third Party A,...more
The Ohio Court of Appeals has affirmed that a professional liability insurer owed no duty to defend claims against attorneys and their law firm that accused the attorneys of filing “frivolous” lawsuits under the Individuals...more