Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more
After seven years of successful litigation, it was understandable that St. Jude Medical wanted to put its dispute with Niazi Licensing Corp. (NLC) to bed. But St. Jude Medical's too-quick response to a mediator's email left...more
Unjust Enrichment- CPC Parts Delivery, LLC v. Ohio Bureau of Workers’ Comp., Tenth Appellate District Franklin County (Ohio Ct. App. 2024) In this appeal, the Tenth Appellate Court in Franklin County affirmed in part the...more
In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more
In Pierce v. Banks, the Georgia Court of Appeals reversed a trial court order denying plaintiff Aaron Pierce’s partial motion for summary judgment and granting a cross-motion to enforce a settlement in favor of defendant...more
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
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more
In Florida, an insurer is required to work diligently on the insured’s behalf to avoid an excess judgment, with the “same haste and precision as if it were in the insured’s shoes”. Harvey v. GEICO General Insurance Company,...more
When one thinks of a “reasonable” temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades. But as a recent North Carolina decision reminds us,...more
Last month, in Serta Simmons Bedding, LLC v. Casper Sleep Inc., the Federal Circuit vacated a decision by the U.S. District Court for the Southern District of New York granting summary judgment of non-infringement to...more
Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more
On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more
MBlock Investors, LLC v. Bovis Lend Lease, Inc., etc., et al., 44 Fla. L. Weekly d1432 (3d DCA 2019) - A Florida Appellate Court recently reversed a trial court’s decision granting summary judgment finding an issue of fact...more
In a murderer’s row of what not to do as a mortgage creditor, the 11th Circuit recently reversed summary judgment in favor of a creditor for alleged violations of the Fair Credit Reporting Act (“FCRA”), Florida Consumer...more
California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more
TCPA Plaintiffs often utilize overly broad discovery demands in an effort to bludgeon a caller into settling an otherwise meritless case. One of the most common tactics is serving boilerplate demands seeking a Defendant’s...more
Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more
On April 12, 2018, the Nevada Supreme Court held that one party's material breach of a contract releases the non-breaching party's contractual obligation to a third-party beneficiary. Cain v. Price, 134 Nev. Adv. Op. 26...more
Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more
As post-Actavis antitrust litigation over so-called “reverse payment” patent settlements proceeds, courts continue to provide further illumination about what evidence a private plaintiff would need to offer to survive summary...more
If you’re a California employer, perhaps no single law strikes fear into your heart quite as much as the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA allows individual “aggrieved employees” to bring...more
A release in a director’s settlement agreement was sufficiently wide to cover liability for later claims of trade mark infringement and passing off against the director and two co defendants. Oran Pre-Cast Ltd v Oranmore...more
The Consumer Financial Protection Bureau (CFPB) had another busy week. Here is an overview of what the CFPB was up to recently: Enforcement Actions and Litigation - Enforcement Action Against Santander Bank - ...more