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WilmerHale

Federal Circuit Patent Ruling Clarifies Section 101 Procedures

WilmerHale on

Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's...more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

DarrowEverett LLP on

Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

McDermott Will & Emery

This Week in 340B: April 9 – April 15, 2024

McDermott Will & Emery on

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Foley Hoag LLP - Environmental Law

The SJC Provides New Guidance to Litigants in Anti-SLAPP Cases; I’m not Optimistic

Last week, in Bristol Asphalt v. Rochester Bituminous Products, the SJC jettisoned two prior decisions and revised its directions to lower courts regarding how to handle “special motions to dismiss” under Massachusetts’...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Farrell Fritz, P.C.

The Evidenceless Petition to Dissolve

Farrell Fritz, P.C. on

It’s hard not to feel sorry for the petitioner in Fernandes v Matrix Model Staffing, Inc., Decision and Order, Index No. 160294/2021 [Sup Ct, NY County Apr. 20, 2022]. In Fernandes, Manhattan Supreme Court Justice Frank...more

Venable LLP

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR...more

Fox Rothschild LLP

WGA Scores Points In Agency Litigation

Fox Rothschild LLP on

The battle between the Writers Guild of America and the major agencies has been waged on two fronts for over a year, with mixed results. Attention recently has focused primarily on the WGA’s pressure campaign to require...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2020 #1

PATENT CASE OF THE WEEK - Uniloc 2017 LLC v. Apple, Inc., Appeal Nos. 2019-1922, -1923, -1925, -1926 (Fed. Cir. July 9, 2020) - This week’s case of the week focuses, not on a patent issue, but on a procedural issue common...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What is the Statute of Limitations on a Products Claim Under Arkansas Law?

For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Product Manufacturer Wins Strategic Victory at the Eighth Circuit Court of Appeals

Plaintiff sued a wood chipper manufacturer alleging products liability and failure to warn claims under both strict liability and negligence. The manufacturer filed timely, strategic motions resulting in dismissal of the...more

Carlton Fields

Eleventh Circuit Affirms District Court Order that Defendants Waived Arbitration

Carlton Fields on

Plaintiffs, three families living in the Lake View area, filed three separate actions against defendants J. Michael White, Eco-Preservation Services LLC, Serma Holdings LLC, Aeta Management Group, Knobloch Inc., and others....more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Developments in Delaware Corporation Law

Consistent with trends in recent years, in 2019 Delaware corporation law largely was shaped by post-closing suits for money damages against directors who had approved mergers and acquisitions. Two Delaware Supreme Court...more

Seyfarth Shaw LLP

UPDATE: New Decision Regarding Discovery in Aid of Foreign Litigation

Seyfarth Shaw LLP on

In a much-anticipated opinion, Judge George B. Daniels of the United States District Court for the Southern District of New York recently affirmed the decision of a magistrate judge regarding the scope of discovery in aid of...more

Carlton Fields

When Is a Defense “Available”? Avoiding Waiver by Being Bold When Asserting Defenses

Carlton Fields on

It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Farrell Fritz, P.C.

Shareholders Beware: Serve Pre-Litigation Demands or Be Prepared to Plead Demand Futility with Particularity

Farrell Fritz, P.C. on

In a recent case, Gammel v Immelt (2019 NY Slip Op 32005[U]), shareholders of General Electric Company (GE), brought a derivative shareholder action against the members of GE’s board of directors and various committees...more

Skadden, Arps, Slate, Meagher & Flom LLP

Life Sciences Companies May Face More Scrutiny in Using FDA Documents to Dismiss Securities Cases

Following a recent decision from the U.S. Court of Appeals for the Ninth Circuit in Khoja v. Orexigen Therapeutics, Inc., plaintiffs alleging securities fraud against companies in the pharmaceutical and life sciences sector...more

Skadden, Arps, Slate, Meagher & Flom LLP

Examining Corwin: Latest Trends and Results

The Delaware Supreme Court’s 2015 decision in Corwin v. KKR Financial Holdings LLC1 fashioned a powerful defense in post-closing money damages cases for boards of directors by finding that business judgment deference applies...more

Farrell Fritz, P.C.

Back to Basics: Long-Arm Statute 101

Farrell Fritz, P.C. on

Reflecting on your first year of law school, you begrudgingly remember learning about personal jurisdiction and the long-arm statute. As a commercial litigator, one of your first questions in representing a defendant should...more

Carlton Fields

Preserved, Actually: Preservation Of Arguments Definitively Rejected By The Trial Court

Carlton Fields on

Does a party have to reassert an argument previously rejected by the trial court in order to preserve it for appeal? ...more

Carlton Fields

Careful What You Ask For: Think Twice Before Asking the Appellate Court to Uphold Pleadings You Failed to Fix in the Trial Court

Carlton Fields on

In Jackson v. Bank of America, N.A., 898 F.3d 1348, 1358 (11th Cir. 2018), the Eleventh Circuit reminded appellate lawyers that just because they can appeal a case does not necessarily mean they should....more

Shutts & Bowen LLP

Can The Manager of a Florida LLC Represent the Corporation in Litigation?

Shutts & Bowen LLP on

If she or he is not a lawyer, no. David Boggs, LLC and Mac Mar, LLC sued Matthew Soltis and his company My Affordable Roof, LLC for trademark infringement concerning the mark “MY AFFORDABLE ROOF.” Soltis appears to have...more

Jackson Walker

The Facts in the “Abstract”

Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

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