News & Analysis as of

Cross Motions

District Of Colorado Affirms FINRA Arbitration Award

by Carlton Fields on

A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not...more

Federal Circuit Concludes Differently on Two Exceptional Case Actions

by Brinks Gilson & Lione on

On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases. The two cases are Checkpoint Sys., Inc.,...more

Oregon Federal Court Decides Carbon Monoxide Incident Is Excluded by Pollution Exclusion

by Selman Breitman LLP on

The United States District Court for the District of Oregon has determined that carbon monoxide from a natural gas swimming pool heater is a pollutant within the meaning of a commercial general liability insurance policy....more

Supreme Court Grants Certiorari in Amgen v. Sandoz

by Knobbe Martens on

On January 13, 2017, the Supreme Court granted certiorari in Amgen v. Sandoz, 794. F.3d 1347 (Fed. Cir. 2015) and Sandoz v. Amgen, 773 F.3d 1274 (Fed. Cir. 2014), appealed from the Federal Circuit. The petitions involve the...more

Clerical Error in Creditor’s Name Does Not Sink Debt Collector

A demand letter sent by a debt collector was not doomed by an incorrect statement of the creditor’s name. In Santibanez v. National Credit Systems, Inc., the debt collector’s initial letter stated as follows...more

Quick Trial Checklist

by Carlton Fields on

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below for...more

Solicitor General Supports Cert in Amgen v. Sandoz, Supreme Court Denies Cert in Amgen v. Apotex

Last week, the Solicitor General submitted its brief in Amgen v. Sandoz, arguing that the Supreme Court should review and decide in Sandoz’s favor both questions presented by the parties’ cross-petitions for certiorari. Two...more

Trademark Review | September 2016

by Knobbe Martens on

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Claim For Fraudulent Wire Transfer Under Commercial Crime Policy Found to be Covered, Although Denial Not In Bad Faith

by Cozen O'Connor on

Principle Solutions Group, LLC, an information technology company, lost $1.717 million when it became the victim of a fraud scheme for which it sought coverage under the terms of a commercial crime policy issued by Ironshore...more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

As we previously reported, there have been five lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. On July 8, 2016, the U.S. Department of Labor (DOL) filed its first formal response to these...more

Breaking News: Federal Court Finds Delaware’s Unclaimed Property Enforcement “Shocks the Conscience”

by McDermott Will & Emery on

On June 28, 2016, the much-anticipated memorandum opinion of the US District Court for the District of Delaware in Temple-Inland, Inc. v. Cook et al., No. 14-654-GMS was released on the parties’ cross-motions for summary...more

In Limine Gag Orders – Can We Play, Too?

by Reed Smith on

Lately, we’ve seen some plaintiffs add gag order requests to their complement of in limine motions in advance of significant trials. Those of us who participated in the Bone Screw litigation remember plaintiffs attempting –...more

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

by Bracewell LLP on

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

SEC Request For Declaratory Relief, Injunction Time Barred

by Dorsey & Whitney LLP on

In Gabelli v. SEC, 133 S.Ct. 1216 (2013) the Court cautioned against leaving “defendants exposed to Government enforcement action . . . for an additional uncertain period into the future” beyond the five year limitation...more

In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

by Reed Smith on

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

Update: Judge Scheindlin Grants Summary Judgment Against Class Member

We previously reported on what we thought at the time were “unusual” arguments from Vivendi Universal, S.A. (“Vivendi”) in its summary judgment motion in opposition to the recovery of certain class-action members in the...more

Are All Fraudulent Transfers Unfair or Deceptive Acts?

by Ellis & Winters LLP on

Courts almost always treat fraud claims as per se (automatic) violations of N.C. Gen. Stat. § 75-1.1. Does that mean that fraudulent transfers of assets, likewise, automatically support recovery under section 75-1.1?...more

Court Rules That The SEC Unlawfully Withheld Action Mandated By Congress

by Allen Matkins on

Last fall, I wrote about Oxfam America’s second lawsuit to force the Securities and Exchange Commission to adopt a resource extraction disclosure rule under Section 1504 of the Dodd-Frank Act.  Readers may recall that...more

It’s Illegal to Sing Happy Birthday?

Some years ago, Aaron Sorkin (bar none the greatest television writer of all time) spent a few minutes of an episode of Sports Night making light of the fact that the song “Happy Birthday” is outside the public domain....more

Eastern District of Kentucky: Insurer’s Denial Of Claim Did Not Amount To Bad Faith Where Insureds Could Not Establish Malice or...

Cline v. Allstate Ins. Co., No. 6:13-CV-182-HAI, 2014 WL 7074973 (E.D. Ky. Dec. 15, 2014). After Denial of Claim for Loss from Fire on Basis of Exclusion for Criminal or Intentional Acts, Insurer wins Cross-Motions for...more

California Court Holds Offensive Odors Are Not Property Damage

In its recent decision in Travelers Property Casualty Company of America v. Mixt Greens, Inc., 2014 U.S. Dist. LEXIS 39548 (N.D. Cal. March 25, 2014), the United States District Court for the Northern District of California...more

Delaware Court of Chancery Analyzes Damages Claims in Failed Asset Sale

The Delaware Court of Chancery recently denied, with one exception, cross-motions for summary judgment in an action to determine damages arising from a failed asset purchase agreement....more

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