A Doctrine In Flux
The big product-liability news at the Connecticut Supreme Court in 2016 was undoubtedly Izzarelli v. R.J. Reynolds Tobacco, a decision that refined Connecticut's standards for design-defect product-liability claims. But the decision may turn out to be even more notable for what it portends.
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
New York's Appellate Division, Second Department, has reversed a family court decision denying a father's objection to a magistrate's upward modification of his child support obligation.
In a win for the tech industry, the U.S. Supreme Court agreed on Dec. 14 to hear a case that could move patent cases out of the Eastern District of Texas.
The Federal Circuit's en banc decision in Williamson v. Citrix Online expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying Williamson and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
Briseno v. ConAgra
The Food, Drug, and Cosmetic Act (FDCA) has historically allowed prosecutors to charge corporate employees with misdemeanors without having to prove personal participation or wrongful intent. But, as the use of the statute has become more frequent and penalties have gotten more severe, the constitutionality of such an application of the FDCA has come under heightened scrutiny.
In last month's newsletter, the authors put forward the proposition that attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) "Yates Memorandum." They continue their discussion herein.
Despite requests for change, the Judicial Conference Advisory Committee on Civil Rules declined to include ascertainability in its proposed changes to Rule 23. In addition, the U.S. Supreme Court recently rejected two petitions for certiorari earlier this year that would have addressed ascertainability.
Declaring an Integrated Occurrence (or Not)
Many Fortune 500 companies' product liability insurance programs use the Bermuda Form to insure alleged bodily injury and property damage. The Bermuda Form has many characteristics distinct from standard commercial general liability (CGL) policies. Knowing its intricacies is essential for any coverage lawyer involved in large-scale coverage analysis and disputes.
n a 3-2 split decision, a Second Department panel has ruled that the strictures of New York Lien Law § 5 were satisfied when initial developer Forest City provided a "completion guaranty," rather than a bond or other typical form of undertaking, for the Atlantic Yards B2 Residential Project in Brooklyn next to the Barclays Center arena.
