There is no universal definition of a franchise; a franchise in one state may not be a franchise in another and a relationship that constitutes a franchise under federal law may not meet a state law definition of a franchise, or vice-versa. As a result of this confusing statutory patchwork, the creation of accidental franchises is a common, albeit unwelcome, occurrence.
In Villarreal v. R.J. Reynolds Tobacco Co., the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring "disparate impact" claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.
Reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai
A look at a case involving eviction for non-payment of fees for services provided by the landlord.
Discussion of a case in which a hospital was ordered to produce records it did not have.
Failure to Geoblock User Uploads of Movies Isn't Ground for Establishing Personal Jurisdiction Over Web Company
Letter of Intent For Production of Film Wasn't Binding
Use of Catcalling Footage in Ad Doesn't Result in Viable False Endorsement Claim by Actress
Last month, the author began discussion of the consequences of retaining an expert witness who errs on the stand. Should the expert be subject to lawsuit for damages? Could the attorney who hired him/her be held liable? The analysis concludes here.
In Solak v. Sarowitz, the Delaware Court of Chancery held that a corporate bylaw ran afoul of 8 Del. C. Section 109(b), as recently amended, where it purported to shift attorney fees and expenses to an unsuccessful stockholder that filed an internal corporate claim outside of the state of Delaware.
