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Waivers Affirmative Defenses

McDermott Will & Emery

Improper Use of Voluntarily Communicated Trade Secrets Sufficient to Maintain Action for Misappropriation in Texas

The US Court of Appeals for the Fifth Circuit held that, under Texas law, a plaintiff can sustain an action for trade secret misappropriation even if the plaintiff voluntarily communicated the alleged trade secrets to the...more

Carlton Fields

Don't Estop Believin' - Courts May Save Your Judicial Estoppel Argument

Carlton Fields on

The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, 2019

The Editor's Note - ...In this edition of SuperVision, Carrie Grundmann discusses EEO1 requirements, Mitch Rhein discusses the DOL's latest on the virtual marketplace, and Chelsea Thompson explains a recent United States...more

Knobbe Martens

Federal Circuit Review - March 2019

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Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more

Bradley Arant Boult Cummings LLP

Defendants Beware: The Good, Bad and Unknown in the Mississippi Supreme Court’s New Standard for Determining Waiver of Affirmative...

On December 7, 2017, the Mississippi Supreme Court affirmed a circuit court ruling that a plaintiff’s survival claims were barred by the statute-of-limitations. In Pollan v. Wartak, the Court rejected the plaintiff’s claim...more

Snell & Wilmer

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

Knobbe Martens

The PTAB Terminates IPR Based on Sovereign Immunity of University of Maryland

Knobbe Martens on

On May 23, 2017, the PTAB granted the University of Maryland’s (UM) motion to terminate inter partes review based on UM’s sovereign immunity in Neochord, Inc. v. Univ. of Maryland, Baltimore and Harpoon Medical, Inc.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate

Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate—as the Ninth Circuit Court of Appeals made clear in the recent case of...more

Ward and Smith, P.A.

The Fair Labor Standards Act Statute of Limitations Limits Employer Liability: Except When It Doesn't

Ward and Smith, P.A. on

About a year ago, the United States Court of Appeals for the Fourth Circuit held in Cruz v. Maypa, 773 F.3d 138 (4th Cir. 2014), a decision that has received little attention, that an employer covered by the Fair Labor...more

Cranfill Sumner LLP

Are liability waivers that are signed by a parent on behalf of a minor enforceable?

Cranfill Sumner LLP on

Yes, according to an Order by US District Judge Louise W. Flanagan in Kelly et al v. USA. However, the type of activity that the child is engaged in is critical for this question....more

Spilman Thomas & Battle, PLLC

North Carolina Supreme Court Upholds Enforceability of Waiver of ECOA Claim

Last month, the North Carolina Supreme Court issued an important opinion for lenders in this state. The opinion reversed the North Carolina Court of Appeals’ decision in RL REGI N.C., LLC v. Lighthouse Cove, LLC, which found...more

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