6 Things To Consider Before Litigation
Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast
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Making Effective Use of the Claims/Disputes Process
On March 10, 2025, a Minnesota state court judge granted in part and denied in part a credit union’s motion for summary judgment—and granted the defendants’ motion for leave to assert counterclaims against the credit union—in...more
The Grand Court has clarified that, where a company in official liquidation commences proceedings claiming that it holds certain rights, in order for the defendant to proceed with a counterclaim asserting that it is the true...more
Being served with a lawsuit is frustrating, and sometimes nerve-racking, even for seasoned in-house counsel. Having a plan in place to quickly and appropriately address new lawsuits can ease the stress of being sued....more
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
The AirBoss saga continues… This holiday season, AirBoss Flexible Products Co. received a monumental legal victory, righting a costly wrong in MSSC, Inc. v. AirBoss. The Court awarded AirBoss nearly $3.5 million in damages,...more
The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
A federal court in Pennsylvania recently granted battery supplier C&D Technologies, Inc.’s motion to dismiss counterclaims brought by its former distributor Elliott Auto Supply Co, Inc. d/b/a Factor Motor Parts’ (FMP). C&D...more
Pinnacle IV, L.P. v. Cyberlabs AI Holdings Ltd., C.A. No. N23C-04-021 MAA CCLD (Del. Super. July 11, 2024) - Who can be held liable for a fraudulent statement is often a key issue in fraud claims. In this decision from...more
After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir....more
The Court of Appeal's recent judgment in Topalsson v Rolls-Royce looks at how the set-off of counterclaims should be addressed as well as interest when it comes to liability caps....more
A jury determined Tuesday, November 20, that Vintage Brands willfully violated Penn State University's trademarks by selling merchandise featuring vintage Penn State logos. The jury also rejected Vintage Brands’ affirmative...more
By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more
Six Considerations 1) What you hope to get out of litigation (01:50) 2) Disruption litigation can cause to daily business operations (05:52) 3) Consider the effects litigation will have to your business outside the...more
The Federal Circuit has been petitioned by plaintiff Teva Branded Pharmaceutical Products R&D, Inc. to reverse a decision in favor of Defendant Amneal Pharmaceuticals wherein the District Court entered an injunction ordering...more
The Federal Circuit recently issued a nonprecedential decision in Toyo Tire Corp. v. Atturo Tire Corp., concerning Toyo’s alleged trade dress in its tires, and Atturo’s counterclaims premised on Toyo’s settlement negotiations...more
The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered class action counterclaim was...more
Surinamese sprinter Issamade Asinga sued the Gatorade Company on Wednesday, alleging his recent doping ban was the result of eating contaminated “recovery gummies” that the brand manufactured and provided....more
A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more
Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more
The recipients of some merchant cash advances have an opportunity to defend, and even counterclaim for treble damages and attorneys’ fees, when funders of certain loans characterized as merchant cash advances sue them in...more
Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more