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Third-Party Reversal

Knobbe Martens

Federal Circuit Review | October 2024

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Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more

Miller Canfield

Michigan Supreme Court Expands Liability Under Anti-Discrimination Statute; Endorses Third-Party Retaliation Theory

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“Third party” or “associational” retaliation is reprisal taken by an employer against someone other than the person who engaged in “protected conduct.” In 2011, the U.S. Supreme Court ruled that Title VII’s anti-retaliation...more

Husch Blackwell LLP

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

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In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

Snell & Wilmer

Hunstein v. Preferred Collection & Mgmt. Servs., Inc. – Debt Collector Looks to Rehearing for Relief in Landmark Eleventh Circuit...

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“A may not share information about B with C.” In response to this simple yet dramatic holding at the heart of an Eleventh Circuit case of first impression regarding the Fair Debt Collections Practices Act (FDCPA), appellant...more

White and Williams LLP

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product

The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

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Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

Carlton Fields

Oklahoma Supreme Court Reverses Course: Finds Arbitration Clause Printed on Shingles’ Wrapping Did Not Bind Homeowner to Arbitrate

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A third-party contractor installed the defendant’s shingles on the plaintiffs’ roof. Subsequently, the plaintiffs filed suit for damages allegedly caused by the defendant’s faulty shingles and replacement of their roof. The...more

ArentFox Schiff

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

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In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Reverses Precedent to Permit Property Owners to Prohibit Off-Duty Access for Section 7 Activity

On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Holds Online Retailers May Be Liable for Defective Third-Party Products Under Pennsylvania Product Liability Laws

The Third Circuit Court of Appeals has held that online retailers such as Amazon could be held liable for allegedly defective third-party products sold through its website. In a 2-1 panel decision in Oberdorf v. Amazon.com,...more

Winstead PC

Fifth Circuit Overturns Receiver’s Settlement Barring Third-Party Claims Against Stanford Financial Insurers

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The Fifth Circuit overturned a U.S. District Court’s approval of a settlement between Ralph Janvey, the Receiver for Stanford International Bank, and various insurance company Underwriters, under which the Underwriters had...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

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The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

Carlton Fields

Eleventh Circuit Reverses Sanction Imposed Against Party That Defaulted in Arbitration to Determine Whether Party Acted in Bad...

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The Eleventh Circuit reversed a lower court’s entry of a default judgment against Acosta Tractors, Inc., that was based solely on Acosta’s default in the underlying arbitration. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished...

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s...more

Alston & Bird

U.S. Supreme Court Builds On Individuals’ Privacy Rights

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In a landmark Fourth Amendment case, the U.S. Supreme Court ruled that digital is different. A cross-practice team from our National Security & Digital Crimes and Cybersecurity Preparedness & Response teams parse the narrow...more

Michigan Auto Law

Michigan No Fault Insurance Ruling Reversed

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Bazzi reversed. Innocent car accident victims protected. Bazzi v. Sentinel ruling stops auto insurance companies from automatically denying No-Fault benefits to blameless car crash victims based on fraud by an insured....more

Morrison & Foerster LLP - Social Media

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more

Dechert LLP

Privacy of Cell Location Data – Analysis of Carpenter Decision

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In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more

Polsinelli

In Carpenter v. United States, the Supreme Court Extends Fourth Amendment Protections to Consumer Data Held by Wireless Carriers

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The U.S. Supreme Court recently ruled in Carpenter v. United States that the government must have a warrant to access an individual’s cell phone location history from wireless carriers. The Court held, in a 5–4 opinion issued...more

Davis Wright Tremaine LLP

INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed or Wanted

On June 22, 2018, the United States Supreme Court appeared to establish a new standard for privacy rights when its decision in Carpenter v. United States, 2018 BL 222220 (2018), held that the government’s acquisition of a...more

Jackson Lewis P.C.

You’re Gonna Need A Warrant For That….

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On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on...more

Mintz - Privacy & Cybersecurity Viewpoints

Narrow Ruling for Privacy at SCOTUS in Carpenter

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #4

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Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more

Robinson+Cole Data Privacy + Security Insider

U.S. Supreme Court Issues Seminal Privacy Decision Concerning Cell Location Data

Cell phones are a ubiquitous part of our modern life. It’s easy to forget that they are constantly tapping into the wireless networks around us several times a minute, even when we’re not using them. ...more

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