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HTMLTwo Appeals Dismissed: Opposition Board was Reasonable in (1) Refusing the Applicant’s Trademark Application and (2) in rejecting the Applicant’s Opposition
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
July 21, 2014, previously published on July 16, 2014
Allianz Asset Management of America L.P. (“AAMA”) and Allianz Global Investors of America L.P. (“AGIA”) appealed two decisions of the Trade-marks Opposition Board (the “Board”). The appeals were heard together.

 

HTMLFCA Refuses to Stay Injunction Order
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
July 21, 2014, previously published on July 10, 2014
Janssen and Abbvie were involved in a patent infringement action. Abbvie was successful in its claim for infringement, and the patent was held to be valid (decision here; summary here). Janssen then moved to stay the remedial phase of the action; which was refused (decision here; summary here)....

 

HTMLOntario Court of Appeal puts the “Reasonable” back into “Reasonable Notice”
Matthew Demeo, Daniel Pugen; McCarthy Tétrault LLP;
Legal Alert/Article
July 21, 2014, previously published on July 3, 2014
Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of...

 

HTMLAmendment Relating to Punitive Damages Allowed
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
July 21, 2014, previously published on July 10, 2014
Two appeals were consolidated in this decision in a trade-mark infringement action. The First Order struck reference to aggravated and punitive damages from the Statement of Claim, and the Second Order dismissed Bauer’s motion to amend the Statement of Claim to add again aggravated and...

 

HTMLEighth Circuit: Political Discrimination Case Against Iowa Law School Must Be Retried
Ryan G. Koopmans, Ryan W. Leemkuil; Nyemaster Goode, P.C.;
Legal Alert/Article
July 19, 2014, previously published on July 15, 2014
The political discrimination lawsuit against former Iowa law school dean Carolyn Jones is being sent back down for retrial. The Eighth Circuit Court of Appeals ruled today that when the federal magistrate declared a mistrial because the jury was deadlocked, he could not recall the jury some two...

 

HTMLNew York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair of cases, In the Matter of Mark S. Wallach, as Chapter 7...

 

HTMLWis. Supreme Court Accepts New Case: When Are Covenants Not to Compete Illusory for At-Will Employees?
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 14, 2014
Last month, the Wisconsin Supreme Court accepted the Court of Appeals’ certification in Runzheimer Int’l, Ltd. v. Friedlen, No. 13AP1392 (Apr. 15, 2014). The intermediate appellate court had certified the following question: “Is consideration in addition to continued employment...

 

HTMLRound Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
On June 3, 2014, Wilson Elser issued a Client Alert on the decision in Johnny Blaine Kesner Jr. v. Superior Court of Alameda County (2014) 226 Cal.App.4th 251, in which the First District Court of Appeal held that an employer owed a duty of care to a third party for exposure to asbestos through...

 

HTMLNLRB Fallout From President's Unconstitutional Recess Appointments Continues
Ryan N. Parsons; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 14, 2014
As we noted when the decision was released, the Supreme Court ruled unanimously that the President’s 2012 recess appointments to the National Labor Relations Board were unconstitutional. Two weeks later, the developments from the decision continue to come in.

 

HTMLThe Doctrine of Equitable Assignment is Alive and Well in Wisconsin
Rachel M. Blise; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 15, 2014
That was the holding of the Wisconsin Supreme Court in an opinion issued on Thursday in Dow Family, LLC v. PHH Mortgage Corporation, 2014 WI 56. The facts of the case are similar to thousands of foreclosure cases prosecuted in Wisconsin every year, but with a couple of interesting twists, which we...

 


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