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Litigation

  • Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.

    December 01, 2017ljnstaff
  • The U.S. Court of Appeals for the Second Circuit has upheld the summary judgment dismissal of the multidistrict lawsuit (MDL) against the maker of the intrauterine birth control device Mirena after finding that none of the experts proffered by the nearly 1,300 plaintiffs were reliable.

    December 01, 2017ljnstaff
  • Scotus Review of Dodd-Frank to Change the Landscape

    On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers, to review a U.S. Court of Appeals for the Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

    December 01, 2017Matthew B. Schiff and Kathryn C. Nadro
  • Two cases of great interest, including one about the legitimacy of an IVF child whose parents are married.

    December 01, 2017ljnstaff
  • Analysis of two key cases, one involving asbestos, the other an intrauterine birth control device.

    December 01, 2017ljnstaff
  • Florida Federal Court Confirms Denial of Song Administration Rights to Chic Co-Founder's Widow
    Minnesota Right of Publicity Ruled Descendible in Prince Recordings Dispute
    Original Housewives Producers' Fraud Claim Time-Barred, Though Contract Breach Claim Can Proceed
    Ticketmaster.com Arbitration Clause Doesn't Apply to Potential Buyer on ticketexchangebyticketmaster.com

    December 01, 2017Stan Soocher
  • The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

    November 02, 2017Stan Soocher
  • Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a cy pres recipient, but courts are starting to question such moves more thoroughly.

    November 02, 2017Joshua L. Becker and Brad M. Strickland