Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more
Grande v. Eisenhower Medical Center, No. S261247: In this case, a staffing agency arranged for a nurse to work at a hospital. The nurse sued the staffing agency for violating the Labor Code and Unfair Competition Law but did...more
In Flores v. Branscomb PC, before her death, the decedent hired counsel to prepare a new will. No. 13-18-00411-CV, 2021 Tex. App. LEXIS 4612 (Tex. App.—Corpus Christi June 10, 2021, no pet. history)....more
For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch. “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his...more
The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more
In a previous post, we addressed blanket additional insured endorsements and the role they play in passing insurance obligations downstream. In short, the purpose of a “blanket” endorsement is to grant additional insured...more
The US Court of Appeals for the Federal Circuit found that 35 USC § 314(d) did not bar its review of a Patent Trial & Appeal Board determination that a petitioner was not estopped from maintaining inter partes review (IPR)...more
In Fairlight v Sotheby’s, the Court of Appeal considered whether a line of authorities relating to sub-agency could be applied to preclude privity of contract between the parties, and to excuse Fairlight from returning...more
Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through...more
Bass, Berry & Sims attorney Chris Lazarini reviewed a case questioning whether privity exists between officers of the United States if, in the earlier litigation, the representative of the government had authority to...more
Your friend invites you out to dinner. She offers to pick you up since your house is on the way. As you head toward the restaurant, your friend’s car is sideswiped by a driver who blew through a red light. You are seriously...more
Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
In a leading precedent handed down in 2018—Sabine Oil & Gas Corp. v. Nordheim Eagle Ford Gathering, LLC (In re Sabine Oil & Gas Corp.), 734 Fed. Appx. 64 (2d Cir. May 25, 2018)—the U.S. Court of Appeals for the Second Circuit...more
Semiconductor Components, doing business as ON Semiconductor, petitioned for inter partes review (IPR) of several claims of Power Integration’s U.S. Patent No. 6,212,079. The Patent Trial and Appeal Board (PTAB) instituted...more
On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more
A Puerto Rico district court dismissed a third-party action by defendant-policyholder Puma Energy Caribe LLC against the reinsurers of an insurance policy issued by plaintiff Integrand Assurance Co. Puma claimed that the...more
On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v. Kingfisher Midstream, LLC (In re Alta Mesa Resources, Inc.) held that dedications in gathering agreements create...more
Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more
The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on September 10, 2019. Arizona Case Law – Deficiency Liability - Helvetica...more
One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more
In Power Integrations v. Semiconductor Components, the Federal Circuit ruled that privy and real-party-in-interest (RPI) relationships arising after a petition is filed but before institution may bar institution under section...more
Late last week, the Federal Circuit issued Power Integrations, Inc. v. Semiconductor Components Indus., LLC and Regents of the Univ. of Minnesota v. LSI Corp. These two precedential decisions bring further clarity to who is...more
Federal Circuit clarifies that a post-filing change in RPI status can trigger the § 315(b) time-bar and that there are exceptions to issue preclusion in IPR appeals - On June 13, 2019, the Court of Appeals for the Federal...more
In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties in interest (“RPI”) or privies had been served with a complaint more than one...more
Addressing the impact of Applications in Internet Time (IP Update, Vol. 21, No. 8) in an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (PTAB) determined that a petition was time barred because an...more