News & Analysis as of

Summary Judgment Dismissals

A&O Shearman

Fourth Circuit Affirms That Continuing Violation Doctrine Does Not Preserve Time-Barred Antitrust Claims Without “New” Harm Or...

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On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more

Parker Poe Adams & Bernstein LLP

Admission That Business Unit Was Closed Due to Employee's Disability Precludes Dismissal of ADA Claim

When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): In re: PersonalWeb Technologies, LLC, 85 F.4th 1148...

PersonalWeb—the third appeal from a multidistrict litigation involving alleged infringement of PersonalWeb’s patents—addressed two issues: (1) whether the district court abused its discretion in finding the case exceptional...more

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

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Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Goldberg Segalla

Valve Defendant Summary Judgment Motion Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby...more

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

Polk County Fuel Station/Arkansas Petroleum Storage Tank Trust Fund: Arkansas Department of Energy & Environment - Division of...

As previously noted in a June 26th post, Mena Short Stop, LLC (“Mena Short Stop”) filed a pleading before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an issue arising under the Arkansas...more

Woods Rogers

What Barbenheimer Can Teach Us About Intellectual Property

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Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.”  In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

Genova Burns LLC

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

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On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

Faegre Drinker Biddle & Reath LLP

Florida Appeals Court Finds Lack of Standing in State Court TCPA Case

Florida’s Third District Court of Appeal recently reversed class certification and directed dismissal, holding that the plaintiff had failed to establish any concrete harm from an alleged violation of the TCPA and thereby...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2023 #3

Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2022

Uniloc USA, Inc. v. Motorola Mobility LLC, Appeal Nos 2021-1555, -1795 (Fed. Cir. Nov. 4, 2022) - Our Case of the Week is ostensibly a case about whether a patent owner has standing to sue when that patent holder has...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #2

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - July 2022 #3

CareDx, Inc. v. Natera, Inc., Appeal Nos. 2022-1027, -1028 (Fed. Cir. July 18, 2022) - In its only precedential patent opinion this week, the Federal Circuit held patents directed to the detection of organ transplant...more

McDermott Will & Emery

Claim Construction and Jurisdictional Discovery Are More Than Skin Deep

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Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more

McDermott Will & Emery

Déjà vu Decision on Likelihood of Confusion

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The US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a trademark suit that was essentially identical to a previous lawsuit that was dismissed based on a finding of lack of confusion....more

Perkins Coie

Tenth Circuit Affirms Dismissal of “Biologically Appropriate” Pet Food Case

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The U.S. Court of Appeals for the Tenth Circuit recently affirmed dismissal in Renfro v Champion Petfoods USA Inc., where the plaintiffs challenged label claims such as “Biologically Appropriate,” “Trusted Everywhere,” “Fresh...more

Goodwin

Delaware Court of Chancery Dismisses Stockholder Derivative Suit for Failure to Allege Demand Futility

Goodwin on

Delaware Court of Chancery Dismisses Stockholder Derivative Suit for Failure to Allege Demand Futility; Connecticut Jury Finds for Defendant in Crypto Currency Fraud Case; Northern District of Illinois Allows Claims...more

Lewitt Hackman

Franchisee 101: Jani-King Franchisees Wear Many Crowns

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Past and present franchisees of commercial cleaning service franchisor, Jani-King, brought claims for violation of Connecticut minimum wage and anti-kickback laws, and unjust enrichment. They claimed Jani-King misclassified...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Agrees That Paramour Preference Does Not Violate Title VII

In a new opinion from the Ninth Circuit Court of Appeals, Maner v. Dignity Health, the plaintiff was a male design engineer who was laid off due to performance and budget cut issues. He alleged that he had been discriminated...more

Genova Burns LLC

NJ Supreme Court Issues A Grim Prognosis For Employers Facing Hostile Work Environment Claims

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After losing in both the trial and appellate courts, Armando Rios, Jr., an ex-Pharmaceutical Executive, managed to sway the minds of the Justices on the State’s highest court to revive his hostile work environment claim. Rios...more

Lewitt Hackman

Franchisor 101: Can’t Break the Broker

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A Minnesota federal court ruled in favor of a franchise broker on summary judgment. The court dismissed misrepresentation claims brought by a military veteran who alleged unlawful inducement to invest in a failed kickboxing...more

Genova Burns LLC

NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case

Genova Burns LLC on

On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more

Harris Beach PLLC

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

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In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more

McDermott Will & Emery

Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff

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The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the...more

Smart & Biggar

Ontario Superior Court dismisses Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

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Update: Apotex has appealed. On March 8, 2021, the Ontario Superior Court of Justice granted Eli Lilly’s (Lilly) motion for summary judgment and dismissed Apotex’s claims under the Statutes of Monopolies, Trademarks Act, and...more

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