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Ninth Circuit Asks Montana Supreme Court for Guidance: Is an Employer Defending Itself in a Wrongful Discharge Lawsuit Limited to...

Many Montana employees can claim the protection of Montana’s unique Wrongful Discharge from Employment Act, which generally bars an employer for terminating an employee without “good cause” after the employee has completed a...more

Divorce, Trademark Infringement, and Naked Licensing - Eighth Circuit Grapples With Lawn Care Quality Control

When family feuds become federal trademark cases, this blog takes notice. In this edition, the U.S. Court of Appeals for the Eighth Circuit wades into a dispute between divorced lawn care proprietors....more

’Tis the Season for Family Drama: Seventh Circuit Explains Reverse Trademark Confusion in Battle Over Family Name

Just in time for the holidays, the U.S. Court of Appeals for the Seventh Circuit resolved a lawsuit rooted in the spirit of the season - family drama. Fabick, Inc. v. JFTCO, Inc. recounts a dispute that pit brother against...more

Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators

On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more

Honey Badger Don’t Care About Trademark Infringement, But The Ninth Circuit Does

Long ago (by internet standards), a spoof of Discovery Channel-style nature videos went viral. “The Crazy Nastyass Honey Badger” is a three-minute montage of wild honey badgers running across the desert, hunting prey, and,...more

Trademarks Can Originate from Fictional Sources: Fifth Circuit Upholds Trademark Protection for The Krusty Krab

Stop us if you’ve heard this one—Conan the Barbarian and a Romulan walk into the Krusty Krab. SpongeBob looks at Conan and says, “I know you, but where’s he from?”...more

Fifth Circuit Concludes That FCA Claim Was Not Covered By Insurance Policy

The U.S. Court of Appeals for the Fifth Circuit recently rejected a shipbuilder’s claim against its insurance company seeking defense and indemnification from a False Claims Act suit. See XL Spec. Ins. Co. v. Bollinger...more

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