Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more
Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more
In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more
In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more
On Aug. 7, the U.S. District Court for the Southern District of New York issued its judgment in U.S. Securities and Exchange Commission v. Ripple Labs, Inc., marking the end of district court- level proceedings in the highly...more
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more
On March 19, 2024, in Cerda v. Blue Cube Operations, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s grant of summary judgment for an employer, finding that the employee’s acts of informing...more
On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd., Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...more
On August 18, 2023, in Thaler v. Perlmutter, Judge Beryl A. Howell of the U.S. District Court for the District of Columbia granted the U.S. Copyright Office's motion for summary judgment, affirming the Copyright Office's...more
Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product? What about when the company wasn’t warned that packaging could contain anything potentially...more
Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more
On June 13, 2023, in SEC v. Husain, the U.S. Court of Appeals for the Ninth Circuit clarified the high burden that the SEC must carry before a court may grant the Commission a civil monetary penalty at the summary judgment...more
Court of Chancery holds that conflicted transactions involving a potential controller may still be considered under the deferential business judgment rule, rather than entire fairness, if the evidence does not establish the...more
In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more
The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s summary judgment ruling finding no likelihood that consumers might be confused as to any relationship between competitors operating in...more
In a recent judgment the English High Court has again shown its ability to innovate so as to assist victims of crypto fraud. By imposing a constructive trust on a crypto exchange and permitting service of an order for summary...more
While many continue to push for the federal legalization of cannabis, one cannabis company is strategically using its illegality as a shield. The strange case of Thor 942 Fulton St., LLC v Future Transactions Holdings, LLC...more
Harvard University must pay its own defense costs in the ongoing legal challenges to its affirmative action program after losing a battle with its insurance carrier, Zurich American Insurance Company (Zurich)....more
On October 20, 2022, the Ninth Circuit reversed in part a grant of summary judgment in favor of an employer, finding that the district court misapplied the substantive law of California in holding that Plaintiff’s disclosures...more
Earlier this month, the US District Court for District of Maryland denied a partial motion for summary judgment in a case filed by Infotek Corporation against Mr. Dwight Preston, a former employee. See Infotek Corp v....more
On August 15, 2022, in Cronin v. Booz Allen Hamilton Inc., et al., the Third Circuit Court of Appeals upheld the District of New Jersey’s grant of summary judgement to Booz Allen on Cronin’s age discrimination claims, finding...more
A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more