DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
The Dangers of Untimely Filings – What Employers Need to Know
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
In a significant blow to Apple, the Federal Circuit recently vacated a summary judgment of noninfringement in the case of Taction Technology, Inc. v. Apple Inc. The dispute centers on Taction’s U.S. Patent Nos. 10,659,885 and...more
Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of...more
Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate...more
When advising employers about the legal risks associated with a business reorganization, we generally advise that discrimination claims are less likely when a company closes an entire facility or department as compared to...more
The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s claim construction and related summary judgment rulings after determining that the district court erred in construing a claim term by...more
The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and...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
Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a...more
A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...more
This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more
The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the...more
Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more
Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more
In Greene v. Westfield Insurance Co., the Seventh Circuit Court of Appeals recently affirmed summary judgment finding that commercial general liability policies issued by Westfield Insurance Co. did not cover a $50.56 million...more
The US Court of Appeals for the Eleventh Circuit reversed a district court’s grant of summary judgment invalidating a service mark for lacking distinctiveness, finding that a reasonable jury could understand the mark to...more
The U.S. Court of Appeals for the Eighth Circuit recently reversed a district judge’s grant of summary judgment to a manufacturer in a product defect claim for an explosion at an ethanol plant. In Green Plains Otter Tail, LLC...more
On a matter of first impression, the U.S. Eleventh Circuit, in Durham v. Rural/Metro Corp., applied the test for indirect evidence of intentional pregnancy discrimination enunciated by the U.S. Supreme Court in Young v. UPS....more
Yesterday afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins...more
Summary judgment, while clearly advantageous, requires that there be no disputed question of material fact and that the moving party is entitled to judgment as a matter of law. When a district court grants judgment...more
In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more
In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more
The Americans with Disabilities Act not only protects persons with actual medical conditions but also those regarded by their employer as disabled, even if they are not. A new decision from the Sixth Circuit Court of Appeals...more
In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more
Addressing an issue of whether a letter exchange qualifies as a work for hire agreement under US copyright laws, the US Court of Appeals for the Second Circuit reversed and remanded the district court grant of summary...more
The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more