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Jackson Lewis P.C.

Recent Court Ruling Creates Holiday Incentive Pay Twist for Colorado Employers

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The Colorado Supreme Court has ruled that Colorado law is not like federal law when it comes to holiday pay. The Court found that the Colorado Minimum Wage Order (currently, COMPS Order 39) requires holiday incentive pay be...more

Cooley LLP

Consideration for Call Option Held Not To Be Turnover

Cooley LLP on

In Aymes International Ltd v. Nutrition4U BV, the Court of Appeal held that the consideration paid by a purchaser for a call option should not be included in the calculation of the target company’s turnover on which the...more

Cozen O'Connor

Claims Notes - November 2024

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After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more

Ropes & Gray LLP

Controlled Digital Lending after Hachette Book Group, Inc. v. Internet Archive

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The future of controlled digital lending (“CDL”), the digital equivalent of traditional library lending, is uncertain after the United States Court of Appeals for the Second Circuit’s judgment in Hachette Book Group, Inc. v....more

Jackson Lewis P.C.

Federal Contractors Catch a Break: Ninth Circuit Strikes Down EO 14026 and DOL’s Minimum Wage Mandate

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The U.S. Court of Appeals for the Ninth Circuit has vacated President Joe Biden’s executive order increasing the minimum hourly wage for employees working on federal government contracts. State of Nebraska v. Su, No. 23-15179...more

Lathrop GPM

Michigan Federal Court Grants Domino’s Motion to Compel Arbitration but Denied Motion to Dismiss Claims and Motion for Sanctions

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A federal court in Michigan recently granted Domino’s motion to compel arbitration of a collective action relating to wage claims but denied Domino’s motion for sanctions and motion to dismiss, instead staying the case...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/RCRA: Federal Court Addresses Applicability to Agency Supervised Site Remediation

The United States District Court for the District of New Jersey (“Court”) addressed in a June 25th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Raritan Baykeeper,...more

Lowndes

New Year, New Rules: Uniform Trial and Case Management Order Starts January 2025

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On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law...more

Marshall Dennehey

Federal Court Holds There Is No Jurisdiction Over Amazon Logistics for Contracting With an Ohio Trucking Company that Was Involved...

Marshall Dennehey on

Leyman v. Amazon Logistics, 2024 WL 2962784, No. 1:23-cv-828 (S.D. Ohio June 12, 2024) - This case arises out of a serious motor vehicle accident occurring in Texas with an Ohio trucking company that contracted with Amazon...more

U.S. Legal Support

Medical Records in Court Proceedings: Key Details

U.S. Legal Support on

Cases that touch on medical conditions and injuries require proving causality and calculating degrees of responsibility and compensation, often amidst a convoluted mix of events, timelines, treatments, comorbidities, and...more

Lathrop GPM

Florida Federal Court Finds Extension of Injunction Necessary to Protect Franchisor Rights

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A federal court in Florida recently held that extending a consent injunction was necessary to protect the interests of a franchisor. Tri-Cnty. Mobile Wash, Inc. v. B&C Wash Corp., 2024 WL 4379673 (S.D. Fla. Oct. 3, 2024)....more

Goldberg Segalla

South Carolina Asbestos Litigation Moves Up in its Position on the 2023/2024 Judicial Hellholes List

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Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted...more

Lathrop GPM

Tennessee Appellate Court Finds that Venue Clause in Franchise Agreement is Permissive and Not Mandatory

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The Tennessee Court of Appeals reversed a district court’s dismissal of a franchisee’s declaratory judgment claim, finding that the claim was properly brought in Tennessee.  Lakeway Real Estate2, LLC v. ERA Franchise Sys.,...more

Conn Kavanaugh

Understanding a Reservation of Rights Letter

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You have purchased a liability insurance policy and believe that your insurance coverage will protect you from any claims that may be made against you. You receive a claim letter or are served with a legal document that says...more

Blake, Cassels & Graydon LLP

Absolute Privilege: Does It Protect Against Defamatory Comments About Third Parties?

The Alberta Court of King’s Bench, in Tuharsky v. O’Chiese First Nation and Poole Lawyers, has ruled that it is a triable issue as to whether a third party can commence an action for defamation arising from statements made in...more

Rothwell, Figg, Ernst & Manbeck, P.C.

PTAB Finds Another Patent Fails to Pass Muster Under 101

At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101....more

Proskauer - Trade Secrets

Virginia Court of Appeals Vitiates Multi-Billion Dollar Trade Secrets Verdict

Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade secrets award, the largest trade secrets verdict in the state’s history. Despite...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 4-8, 2024

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U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more

Lathrop GPM

California Federal Court Grants Hotel Franchisor’s Motion for Summary Judgment on Sex Trafficking Claims

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A federal court in California recently granted summary judgment in favor of a hotel franchisor on sex trafficking claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA). J.M. v. Red Roof Inns,...more

Miller Canfield

Getting an Erroneous Tax Refund Case to a Jury is a Fraught Task in the Fifth Circuit

Miller Canfield on

In Grigsby v. United States, the Justice Department used discovery procedures in federal district court essentially to audit a taxpayer’s federal income tax credits for research activities. The court found that the taxpayer...more

Robins Kaplan LLP

Novartis Pharms. Corp. v. MSN Pharms. Inc. - Entresto® (sacubitril/valsartan)

Robins Kaplan LLP on

Case Name: Novartis Pharms. Corp. v. MSN Pharms. Inc., Civ. No. 20-MD-2930-RGA, 2024 WL 3756787 (D. Del. Aug. 12, 2024)....more

Searcy Denney Scarola Barnhart & Shipley

How Long Does It Take to Settle an Auto Accident Claim in Florida?

If you have an auto accident claim in Florida, how long will it take to receive the financial compensation you deserve? Not only will settling your claim for just compensation ensure that you have the financial resources you...more

Mintz

Can a beneficiary serve as a witness in a will contest without losing their inheritance? The Massachusetts Appeals Court says yes.

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In a September 2024 decision, the Massachusetts Appeals Court ruled that an estate beneficiary did not invoke the in terrorem clause under his father’s will by submitting an affidavit in support of his brother’s challenge to...more

Tucker Arensberg, P.C.

Land Partition Practice Tip: Partition Actions in Pennsylvania are a Two-Step Process

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A land partition action in Pennsylvania is unlike any other type of civil litigation. Of course, there are plaintiffs and defendants, pleadings, and discovery just like any other lawsuit, but the course of the litigation is...more

Seward & Kissel LLP

Moot Court, Working on my Fitness, and Dealer's Choice

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US court reluctant to blow up Boy Scouts’ $2.46 billion sex abuse settlement | Reuters - On Wednesday, a three-judge panel of the Third Circuit Court of Appeals in Philadelphia considered whether to overturn the Boy Scouts...more

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