News & Analysis as of

Loss of Goodwill

Potential Future Harm to Patent Holder Found to Justify Imposition of Preliminary Injunction

In Vecco Instruments Inc. v. SGL Carbon, LLC, No. 17-CV-2217 (E.D.N.Y. Nov. 2, 2017), Judge Pamela Chen in the Eastern District of New York recently granted Vecco’s motion for a preliminary injunction enjoining SGL Carbon....more

United Airlines Grounds Complaint Website

by Bennett Jones LLP on

A joke does not work if it needs to be explained. While some complaint and parody websites may constitute fair dealing, close copying of trademarks and copyrighted works, combined with mean-spirited commentary, will not fly....more

Captain Morgan makes Admiral Nelson’s walk the plank

by Smart & Biggar on

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

Ninth Circuit Confirms Pleading Standard for Securities Fraud Claims Involving Statements of Opinion

On May 5, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an important decision in City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology, Inc., et al., affirming the dismissal of a...more

Has The Link Between Business Goodwill And Profits Been Severed?

by Miller Starr Regalia on

When property is taken by eminent domain, the owner of a business operated on the property is entitled to compensation for any “business goodwill” lost due to the taking. Usually, “goodwill” translates into a business’s...more

Lenders Should Contract for the Right to Recover Lost Goodwill Proceeds when Commercial Property is taken in Eminent Domain

by Snell & Wilmer on

In California, the “goodwill” of a business “consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable...more

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

by Blank Rome LLP on

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

Relocation Benefits and Eminent Domain: How do they Fit Together?

by Nossaman LLP on

One issue that eminent domain attorneys face routinely involves helping businesses obtain the relocation benefits to which they are entitled under the law, while at the same time pursuing a claim for lost business goodwill. ...more

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

by Nossaman LLP on

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Big Year For Published Eminent Domain Decisions

by Nossaman LLP on

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

You Can Receive Compensation for Goodwill IF...

by Nossaman LLP on

The Court has once again reminded us that it takes its role as gate keeper seriously. This week, in an unpublished case, the Court of Appeal issued a decision that serves as a not-so-gentle reminder that business owners are...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Nossaman LLP on

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

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