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Notice Requirements Damages

Awatif Mohammad Shoqi Advocates & Legal...

Know Your Rights and Legal Remedies: Understanding Air Passenger Rights under UAE Law

Air travel has become an indispensable part of modern-day life, offering convenience and efficiency for millions of passengers worldwide. However, with this convenience comes the responsibility of ensuring the safety and...more

Snell & Wilmer

Texas Finds Actual Notice is Not Substantial Compliance with a Written Notice Provision

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The Supreme Court of Texas recently addressed notice requirements in a construction contract. In James Construction Group, LLC v. Westlake Chemical Corporation, the court held that even though the substantial compliance...more

Littler

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

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A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

Foley & Lardner LLP

More Breaks for Illinois Employees (Or Else More Penalties for Employers)

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Employers operating in Illinois should be aware that as of January 2023, they will be required to provide additional rest and meal breaks to most non-exempt employees. On May 13, 2022, Illinois Governor J.B. Pritzker signed...more

Bricker Graydon LLP

The First Appellate District Court of Ohio confirms a contractor’s failure to notify OUPS before “grinding” operations is a breach...

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Recently, the First Appellate District confirmed that a failure to contact Ohio Utility Protection Service (OUPS) is a breach of an excavator’s duty of care and the plaintiff was entitled to recover the amount of damages...more

Littler

Ontario, Canada Court of Appeal Upholds 26-Month Reasonable Notice Period Due to Exceptional Circumstances

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In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal (OCA) dismissed the employer’s appeal of a lower court decision in which trial judge held “exceptional circumstances” existed to justify making an...more

Manatt, Phelps & Phillips, LLP

Employee/Officer Held Personally Liable for Patent Infringement

In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing...more

Littler

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

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In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more

Butler Snow LLP

Hey, did you notice that? Pre-suit notice under U.C.C. § 2-607(3)

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Before a buyer of “goods” can bring a breach of warranty claim, Section 2-607(3) of the Uniform Commercial Code requires that it, “within a reasonable time after he discovers or should have discovered any breach[,] notify the...more

Dorsey & Whitney LLP

The New York Hero Act, Effective this Week, Mandates Permanent New Health and Safety Measures for Private Employers

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The New York Health and Essential Rights Act (“Hero Act” or “Act”), which requires every private employer, regardless of size, to establish an infectious disease safety plan, goes into effect today, June 4, 2021.  The Hero...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Fisher Phillips

Employers Take Notice: An Employee’s Entitlement to Benefits Doesn’t Necessarily End at Resignation

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The Supreme Court of Canada recently awarded damages to a senior level executive in an amount equal to the bonus he would have earned had he continued working through to the end of his common law reasonable notice period. ...more

Burr & Forman

COBRA Litigation – 2020’s Latest Gift

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The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) became law on April 7, 1986. For most of its nearly 35-year history, litigation involving COBRA has been relatively quiet. Most COBRA claims are tag-alongs, added...more

Lewitt Hackman

Franchisee 101: The (Ice Cream) Cart Before the Rescission

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A federal court in Cleveland rejected a California franchisee’s claim that an Ohio-based ice cream franchisor violated the California Franchise Investment Law (CFIL). The claim failed because the franchisee could not show it...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arctic Cat Inc. v. Bombardier Recreational Products Inc. (Fed. Cir. 2020)

The patent marking statute, codified at 35 U.S.C. § 287(a) appears straightforward: Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing...more

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

Products Liability Series: What is Arkansas' Law on Joint and Several Liability?

Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For...more

Cohen & Gresser LLP

Newsletter sociale - Octobre 2019

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Nous vous proposons, dans cette newsletter, de revenir sur les nouvelles règles applicables au détachement de salariés en France, issues de la loi Avenir professionnel du 5 septembre 2018, applicables pour la majeure partie...more

Burr & Forman

Eleventh Circuit Affirms That Banks Must Use Unambiguous Language When Disclosing Methods For Assessing Overdraft Fees

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In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

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The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Buchalter

California Appellate Court Decision Impacts Ability to Terminate Hospital-Based Physicians

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Until recently, hospital-based medical groups frequently complied with a hospital’s request to remove a physician without any restrictions. In light of a recent California Appellate Court decision, however, hospitals and...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

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Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Knobbe Martens

Federal Circuit Review - December 2018

Knobbe Martens on

Assignor Estoppel Does Not Apply in the IPR Context - In Arista Networks, Inc. v. Cisco Systems, Inc., Appeal Nos. 2017-1525, 2017-1577, the Federal Circuit held that the plain language of 35 U.S.C. § 311(a) unambiguously...more

Smart & Biggar

Rx IP Update - December 2018

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FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence - On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli...more

Whitman Legal Solutions, LLC

How Artists’ Moral Rights May Affect Your Real Estate

Having been a violinist, one area of law which has always intrigued me is performers’ rights. Known as “moral rights,” performer’s rights, among other things include the right to control how the performer’s rendition of a...more

Farella Braun + Martel LLP

California WARN Act Notice Requirements Apply to Temporary Layoff

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

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