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Insurer’s Alleged Failure to “Meaningfully Communicate” with its Insured...
Background As the United States becomes more of a “melting pot,” the extent of an insurer’s duty to meaningfully communicate with non-English speaking insureds is seemingly and increasingly going to be...
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The Federal Circuit Court of Appeals Clarifies the Pleading Standard for...
On March 15, 2011, the Federal Circuit Court of Appeals granted a petition for a writ of mandamus filed on behalf of BP Lubricants USA Inc. and directed the United States District Court for the...
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In Florida Zoning Case Participant’s Right to Cross-Examine Witnesses Denied
If you own a parcel of property and intend to develop it, it is highly likely that you will find yourself at a hearing before a governmental entity at some point to deal with issues that will...
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Seventh Circuit Expands on Illinois Law Regarding Insurer’s Duty to Provide...
When insurers defend their insureds in liability actions, they have long had to be careful to protect the interests of the insured while still protecting their own interests. Illinois courts have...
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EEOC Sues HD Dimension Corp. To Enforce Conciliation Agreement
Tech Company Failed to Comply With Terms Settling Race and Age Bias Charge, Federal Agency Says NEWARK, N.J. – A Newark, N.J., information technology training and service company violated a settlement...
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Sixth Circuit Reverses Dismissal of a Shareholder Derivative Action Based...
In Booth Family Trust v. Jefferies, No. 09-3443, 2011 WL 1237583 (6th Cir. Apr. 5, 2011), the United States Court of Appeals for the Sixth Circuitreversed the district court dismissal of a shareholder...
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NLRB Determines that “Preemptive” Firing Violates Federal Labor Law
The recent National Labor Relations Board decision of Parexel International addresses the definition of “protected activity” under federal labor law for which subsequent employer retaliation is...
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Hyatt v. Kappos: A New Standard for the Admissibility of Evidence in a...
Abstract When the Board of Patent Appeals & Interferences (the “Board”) of the United States Patent and Trademark Office (“PTO”) rejects a patent application, the applicant has two avenues...
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“Innocent” Criminals: Criminal Copyright Infringement, Willfulness and Fair Use
I. INTRODUCTION On November 17, 2010, Gawker Media LLC published on its popular blog, Gawker, excerpts of Sarah Palin’s unreleased book America By Heart: Reflections on Family, Faith and Flag.[1] In...
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Does Family Exclusion Preclude Coverage? Insurance Coverage Law Update: Wendy...
On April 29, 2011, the Wisconsin Supreme Court issued a decision in Wendy M. Day v. Allstate Indemnity Co., et al., 2011 WI 24 (“Day”) in which the court held that Allstate failed to demonstrate that...
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Claim Construction: Too Much Structure Will Spoil the Brew
In affirming-in-part grants of summary judgment on non-infringement by two separate district courts, the U.S. Court of Appeals for the Federal Circuit reiterated the role of a district court in claim...
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You Cannot “Game” the Appellate System by Filing a “Protective” Cross-Appeal
Believing that an appellee’s cross-appeal following a favorable judgment was nothing more than an attempt to get the upper hand in the appeal, the U.S. Court of Appeals for the Federal Circuit granted...
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Software Compilation Not A Trade Secret Under State Law
The U.S. Court of Appeals for the Fourth Circuit vacated and remanded a grant of summary judgment to Defendants on Plaintiff’s claims for misappropriation of trade secrets and breach of contract...
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Football Dataco Ltd v Sportradar GmbH: Copyright and Database Right...
Allowing Sportradar’s appeal in part, the Court of Appeal of England and Wales has ruled that Dataco’s copyright claim in relation to a database of football statistics failed because what was...
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U.S. Supreme Court Establishes State-of-Mind Requirement for Inducing...
Today, the U.S. Supreme Court issued its decision in Global-Tech Appliances, Inc., et al. v. SEB S.A., No. 10-6 (2011), holding that to prove inducing infringement under 35 U.S.C. § 271(b) a plaintiff...
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Federal Circuit Significantly Restricts the Doctrine of Inequitable Conduct...
On May 25, 2011, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Therasense v. Becton Dickenson, No. 2008-1511 (Fed. Cir., May 25, 2011), outlining a heightened standard...
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Seventh Circuit: Policyholder Is Entitled to Independent Counsel at Insurer’s...
Illinois courts have long held that a policyholder is entitled to retain independent counsel at the insurance company’s expense whenever there is a conflict between the interests of the insurance...
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Supreme Court: Bayh-Dole Act Does Not Eclipse Inventor’s Rights
On June 6, 2011, the United States Supreme Court ruled that the Small Business Patent Procedures Act of 1980 (a/k/a the Bayh-Dole Act)1 does not displace the centuries-old maxim that “rights in an...
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New Report Debunks Myth of Self-Deportation
Faced with harsh anti-immigrant laws passed by state or local governments, most unauthorized immigrants do not return to their home countries. That is the inescapable conclusion of a new report from...
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ICE Distorts Facts in Debate over Immigration Detainers
February was an important month in the debate over immigration “detainers,” the controversial tool used to strong-arm local jails into holding immigrants on the federal government’s behalf. In...
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