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Adobe PDFSupreme Court of Pennsylvania Reaffirms the Broad Scope of the Commonwealth Court’s Declaratory Judgment Jurisdiction in Challenges to Agency Interpretations of Statutes
Bruce P. Merenstein; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
September 5, 2014, previously published on August 2014
Many Pennsylvania lawyers only encounter the Commonwealth Court of Pennsylvania in its appellate guise, but the court enjoys an unusual hybrid nature, having both appellate and original jurisdiction. The court’s original jurisdiction encompasses cases in which the state government is a party,...

 

Adobe PDFThird Circuit Holds That a Court, Not an Arbitrator, Must Decide Whether an Arbitration Agreement Authorizes Class-wide Arbitration
Christian D. Sheehan; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
August 8, 2014, previously published on August 2014
Who decides whether an arbitration agreement allows for class-wide arbitration — a court or an arbitrator? In the wake of mixed signals from the U.S. Supreme Court, lower courts have been reluctant to answer this question. However, on July 30, 2014, in Opalinski v. Robert Half International,...

 

Adobe PDFPA Superior Court Indicates that Filing a Motion for Compulsory Non-Suit Alone May Preserve the Right to Request JNOV After Trial
Christopher A. Reese; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
August 4, 2014, previously published on July 30, 2014
Pennsylvania lawyers must be alert to situations in which they may waive their appellate rights, especially where the requirements for preserving those rights are murky. One of those murky areas in the Pennsylvania state courts involves a motion for judgment notwithstanding the verdict (JNOV) if...

 

Adobe PDFUpcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated
Christopher A. Reese; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
August 4, 2014, previously published on July 2014
Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes. Sometimes, they are consolidated only for limited purposes of discovery or pretrial proceedings. A case in which the United States Supreme Court recently granted certiorari raises the...

 

Adobe PDFAffirmative Business Litigation in the United States and in Other Countries
Ira Neil Richards; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
July 15, 2014, previously published on July 2014
For a long time, businesses have thought of litigation as a burden, requiring many hours of employee time responding to discovery requests, as well as often incurring significant legal fees and other related costs. Consequently, businesses, historically, have not welcomed lawsuits. However, that...

 

Adobe PDFSupreme Court Invalidates Aereo’s Streaming Service, Finding Existing Copyright Law Applies to the New Technology of Internet Retransmission of Television Signals
Eric A. Boden; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
July 7, 2014, previously published on June 2014
The recent rapid development of the Internet and other new modes of communication has raised significant questions about whether existing copyright laws adequately protect the rights of content creators.

 

Adobe PDFSupreme Court Provides Guidance on the Subject Matter Eligibility of Computer-Implemented Inventions
Michael M. Carlson, Andrew Chou, Ronald J. Ventola; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
July 7, 2014, previously published on June 2014
On June 19, 2014, the Supreme Court invalidated claims directed to methods and computer systems for using an intermediary to reduce the settlement risk in certain financial transactions. The claims were invalidated on the ground that they were drawn to an abstract idea that was not patentable...

 

Adobe PDFOpening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of Copyrighted Materials
Thomas W. Hazlett; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
July 7, 2014, previously published on June 2014
On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc. v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of authors and author associations sued a consortium of universities for...

 

Adobe PDFPennsylvania Superior Court Reverses Forum Non Conveniens Dismissal of International Air Crash Case, But Don’t Equate Pennsylvania with Cook County, Illinois (Just Yet)
Barry S. Alexander, J. Denny Shupe; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
June 25, 2014, previously published on June 2014
United States courts facing forum non conveniens (FNC) motions, at least with respect to lawsuits arising out of air crashes that occur outside of the United States, seem to fall into two distinct camps: Cook County, Illinois, where FNC motions very often are said to go to die, and the rest of the...

 

Adobe PDFSupreme Court Adopts "Reasonable Certainty" Standard for Evaluating Indefiniteness Challenges to Patent Claims
Andrew Chou; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
June 20, 2014, previously published on June 2014
On June 2, 2014, the Supreme Court rejected the Federal Circuit’s standard for determining whether a patent claim is invalid for indefiniteness under 35 U.S.C. §112(b), adopting instead a standard requiring greater clarity in patent claims. This result should have a significant impact,...

 


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