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Mintz - Antitrust Viewpoints

Judge Denies FTC’s Request to Enjoin Sale of Two Hospitals in North Carolina

Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and...more

Troutman Pepper

Florida Federal District Court Grants Debt Collector’s Motion for Summary Judgment Citing Lack of Evidence of Inadequate FCRA...

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A U.S. District Court in the Southern District of Florida recently granted a motion for summary judgment filed by debt collector, I.C. Systems, finding that the plaintiff failed to provide any evidence of an inadequate...more

Goldberg Segalla

Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

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Court: Supreme Court of New York, New York County - Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since...more

Sheppard Mullin Richter & Hampton LLP

Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation

While preliminary injunctions are not uncommon in trade secrets misappropriation cases, a recent Fifth Circuit decision highlighted the importance that the movant put forth colorable evidence of misappropriator “use” of the...more

Health Care Compliance Association (HCCA)

After Researcher's Conviction on Some Counts, Attorney Chides Universities, Sees 'No Harm'

Report on Research Compliance 19, no. 5 (May, 2022) - In an address at George Mason University in February, U.S. Assistant Attorney General Matthew Olsen said the government had “heard concerns from the civil rights...more

The Volkov Law Group

DOJ Loses Another Libor-Rigging Case on Appeal

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The Justice Department trumpeted its criminal prosecutions against defendants charged with Libor-rigging.  It had a right to toot its own horn.  But many of these convictions have not withstood the scrutiny of appellate...more

Husch Blackwell LLP

Jury Returns Defense Verdict in Third Post-Pandemic Ovarian Cancer Talc Trial

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On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with...more

Bradley Arant Boult Cummings LLP

Federal Circuit Vaporizes Pre-Suit Damages

Section 287 of the U.S. Patent Act gives a patent owner the ability to recover damages for patent infringement in two ways: (1) if a patented article is marked; or (2) if actual notice of infringement has been provided. The...more

Proskauer - Advertising Law

“Champion” Petfoods: Seventh Circuit Affirms Dismissal of False Advertising Suit Against Pet Food Company

We recently blogged about Champion Petfoods’ success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients. Well, Champion Petfoods came back to defend its title in...more

Farrell Fritz, P.C.

Second Department Scraps North Hempstead Board of Zoning Appeals’ Denial for Lack of Evidence

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In D.P.R Scrap Metal. Inc., v Zoning Board of Appeals of the Town of North Hempstead, __AD3d__, [2d Dept 2020], the Appellate Division affirmed the grant of the Article 78 Petition of D.P.R. Scrap Metal Inc. (DPR) annulling...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 5, September 2020 (Featuring Insights Video on the Trump/Twitter Feud over Section 230)

A New Lawsuit Against Trump’s Section 230 Executive Order Argues It Chills Speech about Voting - "The suit accuses the president of using the order to retaliate against Twitter, infringing on the public's right to receive...more

Sunstein LLP

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

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As we demonstrated in our own successful appeal, Arendi S.A.R.L. v. Apple Inc. (Fed. Cir. 2016), a petition for inter partes review (“IPR”) may fail when an expert declaration lacks detailed explanation. An expert’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Bass, Berry & Sims PLC

Court Requires Evidence of Harm to Bring Data Breach Lawsuit

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On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and...more

Carlton Fields

Fourth Circuit Declines to Compel Arbitration Due to Missing Arbitration Agreements

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The Fourth Circuit Court of Appeals recently declined to compel arbitration in a Fair Labor Standards Act (FLSA) class action with respect to more than 70 employees for whom the defendant employer could not produce signed...more

Faegre Drinker Biddle & Reath LLP

Lack of Admissible Expert Evidence Combusts PAM Can Claims in EDNY

In a decision reinforcing the importance of expert testimony in design defect and failure to warn cases, the Eastern District of New York recently dismissed claims against the makers of PAM cooking spray. In Urena v....more

Ballard Spahr LLP

Seventh Circuit rules debt collector entitled to summary judgment where plaintiff failed to produce evidence that collection...

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In a recent decision, Johnson v. Enhanced Recovery Company, LLC, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment in favor of a debt collector based on the plaintiff’s...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Faegre Drinker Biddle & Reath LLP

Court Denies Class Certification Due to Plaintiff’s Lack of Objective Criteria and Lack of Evidence

The Western District of Michigan recently denied a motion to certify a class after holding that the class was not ascertainable and the plaintiff had not offered persuasive evidence in support of the motion. Visser v....more

Hogan Lovells

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

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The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

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The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

Stokes Wagner

“Click to Accept” Arbitration: A Cautionary Tale

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A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v....more

Holland & Knight LLP

D. Delaware Invalidates Patent Directed to Onsite Data Backup; Discusses Role of Evidence, USPTO and Preemption

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The District of Delaware recently found a patent directed to onsite data backup to be abstract and ineligible for patent protection. The court's discussion went beyond the standard Alice inquiry, and touched on the roles of...more

Harris Beach PLLC

Court Decision Highlights Key Role of Expert Witness in Food Manufacturer Suits

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The Appellate Division of New York, Second Department, recently upheld a lower court’s decision denying a defendant manufacturer’s application to perform destructive testing on a plastic object surgically removed from...more

McDermott Will & Emery

Sacked in Tax Court! Procedural Missteps by the IRS Leave the Government’s Blindside Exposed

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In Kearse v. Commissioner, T.C. Memo 2019-53, the Tax Court held the Internal Revenue Service (IRS) abused its discretion as part of the taxpayer’s Collection Due Process hearing (CDP hearing) because the Appeals officer...more

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