ArticleLessons For Intellectual Property OwnersFederal Trade Commission Finds That Rambus, Inc. Distorted the Standard Setting Process By Engaging in Exclusionary Conduct United StatesAntitrust/Competition LawFoley & Lardner LLP
ArticleRx for the Prescription Drug BattleFor the uninsured and elderly in the United States, Canada might provide a solution to obtaining more affordable prescription medications. United StatesConsumer ProtectionHodgson Russ LLP
ArticleTortilla Slotting Fees Tested -- Verdict For DefendantOn December 23, in a strongly worded opinion, United States District Judge, Kenneth M. Hoyt of the Southern District of Texas (Houston Division), granted defendant's motion for summary judgment and dismissed plaintiffs' antitrust case (<I>El Aguila Food Products Inc. v. Grama Corp</I>., S.D. Tex., No. H-03-0427, 12/24/03). United StatesCorporate/Commercial LawSheppard
ArticleProskauer Defeats Motion To Dismiss Filed Against Immigrant Mother And Daughter Affected By Family Separation PolicyIn April 2022, Proskauer, with co-counsel Public Counsel and Squire Patton Boggs, filed suit in Arizona federal court on behalf of a Guatemalan mother and daughter...United StatesImmigrationProskauer Rose LLP
ArticleSovereign Immunity And IPR's: And Now, The Rest Of The StoryRadio great Paul Harvey would always leave listeners hanging during his broadcast, then return from a commercial with "the rest of the story". United StatesIntellectual PropertyOblon
ArticleState Infringement Of Copyright Cannot Proceed In Federal Court, Fifth Circuit SaysWhen there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in...United StatesIntellectual PropertyProskauer Rose LLP
ArticleCongress Overturns Presidential Veto On FSIA, Authorizing Suits Against Saudi Arabia For September 11The U.S. Congress overturned a veto by President Obama allowing families of the victims of September 11 to sue Saudi Arabia in U.S. courts.United StatesLitigation, Mediation & ArbitrationBakerHostetler
ArticleCourt Of Appeals Rejects Newest Efforts To Evade The Notice Requirement For Claims Against The State Of MichiganIn a unanimous opinion, the Michigan Court of Appeals affirmed the retroactive application of strict notice requirements under Michigan's Court of Claims Act...United StatesLitigation, Mediation & ArbitrationButzel Long
ArticleDismissal of Price Fixing Claim Affirmed by 11th CircuitAccording to a decision by the U.S. Court of Appeals for the Eleventh Circuit (<I>Prewitt Enterprises, Inc. v. Organization of Petroleum Exporting Countries</I>, 11th Cir., No. 03-11580, 12/18/03), there are no means available under the Federal Rules of Civil Procedure ("FRCP") to serve the Austrian headquarters of the Organization of the Petroleum Exporting Countries ("OPEC") with a complaint of illegal price fixing, absent the consent of OPEC. United StatesLitigation, Mediation & ArbitrationSheppard
ArticleForeign Sovereign Immunity In International ConstructionFor hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns. United StatesLitigation, Mediation & ArbitrationJAMS
ArticleIn Newport News School Board V. Z.M. The Supreme Court Of Virginia Leaves No Doubt That Sovereign Immunity Is "Alive And Well" For School Boards Across The Commonwealth Of VirginiaIn the 1960 case of Kellam v. School Board of the City of Norfolk, the Supreme Court of Virginia affirmatively held that school boards are protected from suit for tortious claims by the doctrine of sovereign immunity.United StatesLitigation, Mediation & ArbitrationPender & Coward
ArticleTexas Supreme Court Declines To Waive Sovereign Immunity In Premises Defect CaseThe Supreme Court of Texas recently upheld a Thirteenth Court of Appeals' judgment finding that the plaintiffs in a premises defect case brought against the Texas Department of Transportation (TxDOT)...United StatesLitigation, Mediation & ArbitrationLewis Brisbois Bisgaard & Smith LLP
ArticleTribal Sovereign Immunity Cannot Bar IPR Review: Federal CircuitThe Federal Circuit ruled on Friday July 20, 2018 that tribal sovereign immunity cannot bar inter partes review (IPR) proceedings before the U.S. Patent and Trademark Office (PTO) ...United StatesLitigation, Mediation & ArbitrationLewis Brisbois Bisgaard & Smith LLP
ArticleU.S. Supreme Court Denies Review Of County's Tax Dispute With Cayuga NationOn June 7, 2021, the United States Supreme Court denied Seneca County's (New York) petition for certiorariUnited StatesLitigation, Mediation & ArbitrationSnell & Wilmer
ArticleWTO Appellate Body Upholds Special Safeguard Measure Imposed By The United States On Certain Chinese TiresOn September 5, 2011, the Appellate Body of the World Trade Organization (WTO) published its report on United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China (DS399). United StatesLitigation, Mediation & ArbitrationMayer Brown
ArticleYear In Review — Highlights From 2023First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.United StatesLitigation, Mediation & ArbitrationSteptoe LLP
ArticleSupreme Court Strikes Down Statute Abrogating State Sovereign Immunity From Copyright Infringement LawsuitsOn Monday, March 23, in the case of Allen v. Cooper, No. 18-877, the Supreme Court held that states and state entities cannot be sued for copyright ...United StatesIntellectual PropertyArnold & Porter
ArticleAntitrust Agencies Focus On The Health Care IndustryUnited StatesLitigation, Mediation & ArbitrationKilpatrick Townsend & Stockton LLP
ArticlePETA’s Monkey Speech Claim FailsAs we previously reported, animal rights group, People for the Ethical Treatment of Animals (PETA), sued the National Institutes of Health and Mental Health in federal court seeking to compel the defendants...United StatesLitigation, Mediation & ArbitrationDuane Morris LLP
ArticleEnforcing Foreign Arbitral Awards In The U.S.: Recent Developments And Implications For CreditorsThe enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations...United StatesLitigation, Mediation & ArbitrationIR Global