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Katten Muchin Rosenman LLP

In Settlement, Don't Promise What You Can't Control (and Beware of Limited-Choice Forms)

Filling out a form with limited-choice options that do not correspond to the answers you would like to provide is a frustrating experience that we have all encountered. In a recent Maryland case, that problem arose with...more

Benesch

Logistics on the Offensive: Using Contractual and Common Law Rights as a Sword

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We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. ...more

McCarter & English, LLP

Highly Touted Settlement Caps NIL Payments to Student Athletes

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In a much anticipated antitrust class action settlement, a federal judge granted preliminary approval of a $2.7 billion proposed settlement that will cap the amount of money National Collegiate Athletic Association (NCAA)...more

Kerr Russell

Significant Changes to Paid Sick Time Coming February 2025

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Rather than enacting without change, the Legislature substantially amended the ballot initiative and enacted such amended initiative into law. This action ultimately resulted in litigation to determine whether the...more

Kerr Russell

FTC’s Ban on Covenants Not to Compete Remains on Hold

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The legal arguments advanced in these court cases mainly concern whether the FTC has the statutory authority to enact such a ban. Shortly before the September 4, 2024 effective date of FTC’s ban on covenants not to compete,...more

Hendershot Cowart P.C.

Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing

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For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more

Hogan Lovells

Court of Appeal confirms scope of redundancy consultation

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The Court of Appeal in England and Wales has decided that employers do not have to conduct general workforce consultation for an individual redundancy dismissal to be fair. It overturns the EAT decision in De Bank Haycocks v...more

Miller Starr Regalia

Delay Denied: First District Affirms Trial Court’s Denial of Seventh ADA Continuance Request Made In CEQA Case Under California...

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Lawyers, like all humans, experience the full gamut of life’s difficulties.  Sometimes those intrude into the practice of law itself, up to and including CEQA litigation.  On September 26, 2024, the First District Court of...more

U.S. Legal Support

Preparing a Winning Trial Strategy

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Legal discovery often comprises the longest stage of casework—identifying evidence, developing timelines, and vetting witnesses. The facts, strengths, and weaknesses of a case provide puzzle pieces that attorneys identify and...more

ArentFox Schiff

GEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for Trademark Infringement and USPTO Rejects GEMINI Trademark...

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Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District of California, alleging...more

Proskauer Rose LLP

From Opioids to Opt-Outs: Nonconsensual Third-Party Releases and the Aftermath of Purdue

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On June 27, 2024, the U.S. Supreme Court released its 5-4 opinion in connection with the bankruptcy case of Purdue Pharma L.P. (“Purdue”). Over a vigorous dissent authored by Justice Kavanaugh, a narrow majority of the...more

White and Williams LLP

Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

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Products liability is an area of law that both sides of the aisle vigorously litigate. Like in most litigation, products liability claims provide subrogation attorneys with an important means of prosecuting cases against...more

Foley & Lardner LLP

Beware of Loose Employment Promises, Put It in Writing, and Watch for Deadlines!

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A recent case serves as a good reminder for everyone involved in human resources and employment matters to be clear in communication and always act in a timely manner. Retired Judge Richard Posner is a legal legend...more

Kilpatrick

Now You See Me, Now You Don’t: Ephemeral Messaging Challenges

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The emergence of ephemeral messaging applications to communicate with friends, family, and coworkers quickly, securely, and effortlessly has boomed over the past decade. In that time, users of ephemeral messaging apps have...more

Kilpatrick

The End of Qui Tam FCA Claims? How a Federal District Judge Might Have Just Sounded the Death Knell For Whistleblower Lawsuits

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A seismic shift in the world of False Claims Act (“FCA”) might have occurred recently in a Middle District of Florida courtroom. On September 30, 2024, Judge Kathryn Kimball Mizelle issued her ruling in US ex rel Zafirov v....more

Hinshaw & Culbertson - Insights for Insurers

How the U.S. Supreme Court's Rulings on Kaiser and Purdue Pharma Affect Insurers' Rights and Interests in Chapter 11 Cases

On June 6, 2024, the United States Supreme Court issued its decision on an insurer’s standing in its policyholders’ Chapter 11 bankruptcy proceeding in Truck Exchange v. Kaiser Gypsum Co., 144 S. Ct. 1414 (2024). The decision...more

Seyfarth Shaw LLP

Federal District Court Finds False Claims Act Qui Tam Provision Unconstitutional

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In a landmark decision, the United States District Court for the Middle District of Florida, in United States ex rel. Zafirov v. Florida Medical Associates, LLC, held that the False Claims Act’s (FCA) qui tam provision –...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing a topic from Civil Procedure – specifically, when is a pleading conclusory under the Twombly/Iqbal standard for...more

Holland & Knight LLP

Trial Advocacy in the Modern World

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explores three pivotal trends that have significantly impacted courtroom advocacy in recent years: the digital revolution,...more

AEON Law

Patent Poetry: 2 Live Crew Heirs Win Right to Reclaim Music

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Luther Campbell, the former leader of 2 Live Crew, and the heirs of two other group members have won a legal battle over the rights to the group’s music. Lil’ Joe Records, owned by Joseph Weinberger, bought the group’s...more

Marshall Dennehey

Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be...

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One Church v. Brotherhood Mut. Ins. Co., 2024-Ohio-1601 - The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019. The...more

Marshall Dennehey

Middle District Upholds Regular Use Exclusion in the Wake of Rush and Takes One Step Further

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Dayton v. The Automobile Ins. Co. of Hartford, Connecticut, 2024 WL 1745041 (M.D. Pa. Apr. 23, 2024) - Datyon was injured while operating his employer’s vehicle and subsequently submitted a claim for underinsured motorist...more

Maynard Nexsen

Eleventh Circuit Reaffirms Requirement that a Party Must Stand in Contempt Before Seeking to Appeal an Order Enforcing a Subpoena

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On October 16, 2024, the Eleventh Circuit issued an opinion in In Re: Grand Jury Investigation (Sealed) reaffirming and, arguably, expanding the longstanding requirement that a party may not seek to appeal an order requiring...more

McGuireWoods LLP

Arlington Circuit Court Considers Post-Trial Motions

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On Oct. 25, 2024, nearly a month after striking down Arlington’s Missing Middle policy, Judge David Schell of the Arlington Circuit Court considered several post-trial motions. He heard arguments on two motions to intervene —...more

Seyfarth Shaw LLP

New Jersey Destination Charge Case Reaches Final Destination - Seyfarth's Future of Automotive Series

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On Wednesday, October 23, 2024, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, put the final nail in the coffin of claims by consumers that “destination charges” for the delivery of...more

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