News & Analysis as of

Rebuttable Presumptions

Stronger Patents Act: 5 Significant Proposed Changes to Inter Partes Reviews

by Revision Legal on

Recently, Senator Christopher Coons (D-Del) introduced the STRONGER Patents Act of 2017. So far, this is the only legislation introduced in this Congress addressing any sort of patent reform. The proposal would significantly...more

Use It or Lose It; What Breweries, Wineries and Distilleries Can Do To Protect Their Trademarks from Becoming Abandoned

by Mulcahy LLP on

Trademark abandonment can be an issue for breweries, wineries and distilleries who may offer certain products for limited periods of time or in discrete markets and then attempt to bring them back years later. Abandonment is...more

Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of...more

Delaware Bankruptcy Court Approves Separate Classification and Disparate Gifted Consideration Between General Unsecured Creditors

The Delaware Bankruptcy Court, in In re Nuverra Environmental Solutions, Case No. 17-10949 (Bankr. Del. July 24, 2017), confirmed a chapter 11 plan of reorganization despite separate classification and disparate gifted...more

Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

by Jaburg Wilk on

On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC). The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify...more

Implementation of the EU Competition Damages Directive in Belgium

by White & Case LLP on

The Belgian legislature has finally implemented the EU Competition Damages Directive, introducing a new framework that will facilitate injured parties in litigating their competition damages claims before the Belgian courts....more

New FEHA Regulations to Limit Employer Consideration of California Applicant/Employee Criminal Histories

by Holland & Knight LLP on

New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more

Time Bars for Medical Compensation and Evidence Bars for Indemnity Benefits

Capen Trucer Carl Anders, II v. Universal Leaf North America - In Capen Trucer Carl Anders, II v. Universal Leaf North America, No. COA 16-910, the Plaintiff appealed an Industrial Commission decision denying his claim for...more

Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future...more

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

by Fisher Phillips on

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

Supreme Court Addresses The Application Of A Rebuttable Presumption

by Fox Rothschild LLP on

The Sex Offenders Act is found in Chapter 7A of Title 13 of the Delaware Code. Section 724A of the Sex Offenders Act imposes a rebuttable presumption “that no sex offender shall be awarded sole or joint custody of any child,...more

Doctors Determine Parsons: Failure to Overcome the Parsons Presumption

Bell v. Goodyear - The Bell decision is guided by the Parsons presumption, (Parsons v. The Pantry, Inc., 485 S.E.2d 867 (1997)) which holds that when additional medical treatment for a compensable injury is required, a...more

Manufacturers: Avoid this Issue—Register Your Trademarks!

by Ballard Spahr LLP on

If you are a manufacturer and allow your distributors to use your unregistered trademarks without a contract, the Third Circuit just issued a decision that could help you retain ownership of those marks....more

SC court awards Lowe's employee workers' comp disability benefits

by McNair Law Firm, P.A. on

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

PTAB Considers What Constitutes “By Another” Under § 102(e) in Determining Whether Challenged Claims are Unpatentable

by Knobbe Martens on

In a final written decision in Duncan Parking Tech., Inc. v. IPS Group Inc., IPR2016-00067, Paper 29 (P.TA.B. Mar. 27, 2017), the PTAB evaluated whether a prior art reference alleged to anticipate the challenged patent under...more

"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within Statutory Period in Patent Cases"

In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

New Jersey’s “New” Termination of Child Support Statute

On February 1, 2017, New Jersey’s “new” Termination of Child Support Statute went into effect. The new statute, N.J.S.A. 2A:17-56.67, which was signed into law on January 19, 2016 by Governor Christie, has potential to...more

All About the Experts: Rebutting the Parsons Presumption

The Thornton decision is guided by the Parsons presumption, which holds that when additional medical treatment for a compensable injury is required, a rebuttable presumption arises in favor of the claimant that the treatment...more

Competition Damages – UK implementation of the EU Damages Directive

by White & Case LLP on

Regulations implementing the EU Damages Directive in the UK are set to introduce important changes to the law on limitation, burden of proof, and liability in competition damages claims...more

Arizona Legislative Assistance in Correctly Classifying Workersas Independent Contractors

by Snell & Wilmer on

One of the most common and problematic issues confronting employers in every industry today is the misclassification of workers as independent contractors. Such misclassifications are a key enforcement target of both federal...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

Successful Implementation of Restorative Justice Practices

by Clark Hill PLC on

The passage of legislation mandating consideration of Restorative Justice in schools marks a movement away from "zero tolerance" by requiring schools to consider a number of mitigating factors or alternatives before...more

Amendments to Philadelphia's Realty Transfer Tax Will Have a Significant Impact

Recent amendments to Philadelphia’s realty transfer tax will likely change the way commercial real estate is bought and sold. Rather than sell the real estate directly and record a traditional deed to evidence the...more

When Can False Advertising Lead to Sherman Act Liability? The Fifth Circuit Weighs In

In a December 2, 2016 decision, Retractable Technologies, Inc. v. Becton Dickinson & Company, the Fifth Circuit opined on when false advertising can lead to liability under the Sherman Act. The Fifth Circuit’s answer: Very...more

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