News & Analysis as of

Damages Pleadings

Faegre Drinker Biddle & Reath LLP

Defense “Victory” Against Employee’s Spouse in COVID-19 Exposure Case

On May 7, a California District Court Judge granted Victory Woodworks, Inc.’s (“Victory”) motion to dismiss all COVID-19 liability claims in plaintiffs Robert and Corby Kuciemba’s amended complaint. Kuciemba et al. v. Victory...more

Robins Kaplan LLP

The Seventh Circuit Affirms a Pleading Error to the Tune of $5 Million

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Despite winning a trademark infringement lawsuit, the Seventh Circuit held the plaintiff was not entitled to almost $5 million in additional damages because it incorrectly included the main defendant’s corporate divisions as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Examining Corwin: Latest Trends and Results

The Delaware Supreme Court’s 2015 decision in Corwin v. KKR Financial Holdings LLC1 fashioned a powerful defense in post-closing money damages cases for boards of directors by finding that business judgment deference applies...more

Smart & Biggar

Ontario Court of Appeal allows Sanofi and Schering to plead that Federal Court ramipril patent invalidity decision was flawed due...

Smart & Biggar on

In an action by Apotex for compensation from Sanofi and Schering under the Ontario Statute of Monopolies, U.K. Statute of Monopolies and the Trade-marks Act, the Ontario Court of Appeal has overturned a motion judge’s...more

Smart & Biggar

Rx IP Update - November 2016

Smart & Biggar on

Federal Court of Appeal opines on the framework for analyzing obviousness-type double-patenting - On November 4, 2016, the Federal Court of Appeal dismissed Apotex’s appeal in Apotex Inc v Eli Lilly Canada Inc, 2016 FCA...more

Bennett Jones LLP

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

Bennett Jones LLP on

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

Foley & Lardner LLP

The New Supreme Court Term: Cases for the Automotive Industry to Watch

Foley & Lardner LLP on

A new Supreme Court term is once again underway. This one looks to be unique in that it is likely to be an eight-Justice bench into 2017—with Republican leaders standing firm on their refusal to go forward with confirming any...more

Blake, Cassels & Graydon LLP

Take-Off Denied for Airline Fuel Surcharge Class Action

Last week, the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are...more

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