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  • Article

    Supreme Court to Hear Argument in Employee "Sexting" Case

    On Monday, April 19, the United States Supreme Court will hear oral argument in City of Ontario v. Quon, a case addressing the right of a public employer to review employee text messages on a pager purchased by the public employer for employee business use.
    United StatesEmployment and HR
    Franczek
    Franczek
  • Article

    The Texas Supreme Court Rules Trial Courts Must Watch Video Evidence Before Deciding To Exclude; Finds Video Evidence Probative Of "Soft Damages" In Personal Injury Cases

    The jury awarded Williams nearly $10 million in damages, two-thirds of which consisted of "soft damages" such as pain and suffering and loss of enjoyment of life.
    United StatesEmployment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Washington Supreme Court Affirms Dismissal Of Asbestos Related Wrongful Death Case On The Basis Of The Statute Of Limitations Over A Vigorous Dissent

    In Deggs v. Asbestos Corp. Ltd., Supreme Court Cause No. 91969-1, 2016 Wash. LEXIS 1132 (Oct. 6, 2016), Judy Deggs' wrongful death claims arose out of an asbestos-related injury to her father Ray Sundberg.
    United StatesEmployment and HR
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    “Headless” PAGA Claims Get Their Day: Leeper Set For November 3

    The California Supreme Court will hear oral argument in Leeper v. Shipt, Inc. on November 3, 2026, addressing whether plaintiffs can avoid arbitration agreements by filing "headless" PAGA claims that exclude individual components. The case centers on Christina Leeper's strategic decision to plead only non-individual PAGA claims against Shipt for alleged worker misclassification, raising critical questions about the structure and arbitrability of PAGA actions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit Declines Review of BPA Decision to Trigger Rate Adjustment Clause

    On May 24, 2005, the United States Court of Appeals for the Ninth Circuit held in Industrial Customers of Northwest Utilities v. Bonneville Power Administration that a determination by the Bonneville Power Administration to trigger a rate adjustment clause was not a final agency action subject to judicial review.
    United StatesEnergy and Natural Resources
    Morrison Foerster
    Morrison Foerster
  • Article

    Appellate Division Addresses Use Of Hearsay Statements In Motions

    Family law practitioners know that in this area of practice, perhaps more so than in any other practice, hearsay statements are often an important part of motions...
    United StatesFamily and Matrimonial
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Supreme Court Agrees To Hear Case Involving CFPB Funding

    On February 27, 2023, the Supreme Court granted the certiorari petition of the Consumer Financial Protection Bureau (CFPB) to hear a case that could cast doubt on all of the regulations...
    United StatesFinance and Banking
    Venable LLP
    Venable LLP
  • Article

    Illinois Governor Signs Bill Allowing Punitive Damages In Most Wrongful Death Actions

    Illinois Governor J.B. Pritzker signed House Bill 0219 into law on August 11, 2023, effective immediately. The statutory change will allow heirs of decedents to recover punitive damages...
    United StatesGovernment, Public Sector
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    What Impact Could Trump's Election Have On Employers?

    Executive Summary: The election is over. The vote is in. Donald Trump will be our 45th President. And, for the first time since 2006 (when the 109th Congress was in session during the Bush administration)...
    United StatesGovernment, Public Sector
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    California Supreme Court Takes Up Statute of Limitations for Legal Malpractice Claims Against Former Law Firms

    In a development that is being watched closely by law firms and insurers, on April 19, 2006, the California Supreme Court granted review of a second appellate district decision which held that the limitations period for a legal malpractice claim is tolled as to a law firm while one of the firm's former attorneys continues to represent that firm's former client in the same matter at a new law firm.
    United StatesImmigration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    First Circuit Keeps Block On H-1B $100,000 Fee: What Employers Should Know

    The U.S. Court of Appeals for the First Circuit has denied the federal government’s request to stay a district court order blocking the administration’s H-1B measures, including the proposed $100,000 filing fee.
    United StatesImmigration
    Greenberg Traurig
    Greenberg Traurig
  • Article

    Court Finds No Ambiguity Despite Drafting Error In Policy Language

    A federal district court, applying Indiana law, has held that a sublimit for regulatory claims applied, despite grammatical errors in the policy’s language. HealthtrackRX Indiana, Inc. v. RSUI Indem. Co., 2026 WL...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Florida Court Splits On COVID-19 Coverage Claims; Holds Pleading Deficiencies Fatal And Finds Disease Exclusions Unenforceable

    A Florida federal court addressed whether COVID-19 business interruption claims could proceed under a policy's "Loss of Attraction" coverage for infectious disease...
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    Texas Court Applies Manifestation Trigger To Homeowner’s Damage Claim

    As a matter of first impression, the Fort Worth Court of Appeals held that the manifestation trigger applies to a first-party property damage claim under a standard homeowners insurance policy.
    United StatesInsurance
    Sedgwick Detert Moran & Arnold
    Sedgwick Detert Moran & Arnold
  • Article

    Drafting Error Invalidates Patent Claim Covering World´s Top Selling Drug

    In a patent battle over the world’s top-selling drug, the U.S. Court of Appeals for the Federal Circuit affirmed a district court holding that a claim cannot be constructed contrary to the specification or construed to import a limitation from the specification.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Election In Response To Ambiguous Restriction Requirement Does Not Relinquish Claim Scope

    Addressing the disavowal of claim scope by an election in response to a restriction requirement where the examiner provided no guidance regarding the differences by which he distinguished the patentably distinct inventions, the U.S. Court of Appeals for the Federal Circuit overturned a district court’s summary judgment of no infringement, holding that an election in response to such a restriction requirement does not amount to a clear and unmistakable disavowal of claim scope.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Failure to Provide Notice Dooms PVPA Action

    Concluding that the accused infringer lacked notice that the product sold for an unauthorized use was a variety protected under the Plant Variety Protection Act (PVPA), the U.S. Court of Appeals for the Federal Circuit reversed a district court’s denial of the accused infringer’s motion for judgment as a matter of law on both the PVPA and Lanham Act claims.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Federal Circuit Affirms Patent Invalidity Where Inventorship Error Cannot Be Corrected Under 35 U.S.C. §256

    The Federal Circuit has ruled that patents cannot be saved when an undisputed joint inventor is omitted and cannot be added due to inability to provide required notice. This case of first impression establishes that omitted coinventors are "parties concerned" under 35 U.S.C. § 256(b), entitled to notice regardless of economic interest, and that failure to satisfy this statutory requirement results in patent invalidity even when all parties agree on inventorship.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Federal Circuit Confirms § 112(a) Support Required For A Reference’s Provisional Prior-Art Date

    The Federal Circuit's decision in Dental Monitoring SAS v. Align Technology, Inc. establishes that a published patent application can only claim its provisional's filing date as prior art if the provisional provides written description support under § 112(a) for at least one claim. This ruling overturns the PTAB's more lenient "ministerial" standard and creates significant implications for both patent prosecution and inter partes review proceedings.
    United StatesIntellectual Property
    K&L Gates
    K&L Gates
  • Article

    Federal Circuit Denies Petition For Rehearing En Banc On A Takings Claim For Just Compensation

    By a poll, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc on its holding that the U.S. Court of Federal Claims lacks jurisdiction of a takings claim for just compensation for unauthorized use by the government under the Tucker Act, 28 U.S.C. § 1491.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
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