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Adobe PDFDon’t Try to Barnstorm Proof of Printed Publication
H. Wayne Porter; Banner & Witcoff, Ltd.;
Legal Alert/Article
November 28, 2014, previously published on October 16, 2014
The PTAB recently denied institution of inter partes review based on a petitioner’s failure to prove that a document was indeed a printed publication qualifying as prior art to the patent at issue.

 

HTMLOH&S Month Part 3: Annual Review Of Your Bullying and Harassment Policies
Donovan Plomp; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The deadline for compliance with WorkSafeBC’s bullying and harassment policies was last November 1, 2013. We’d like to remind all BC employers that certain obligations under the policies require an annual review.

 

HTMLThe Challenges of Putting Humpty Dumpty Back Together Again
Charlene Schafer; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 11, 2014
A recent order of the Ontario Superior Court illustrates the complexities of the right of rescission in real estate transactions. The purpose of the remedy of rescission is to restore the parties to the position they were in prior to the entering into of the transaction in question. When there has...

 

HTMLMichigan Court of Appeals Says Fired Medical Marijuana Users Can Collect Unemployment Benefits
Allyson A. Miller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 11, 2014
On October 23, 2014, the Michigan Court of Appeals ruled that employees discharged for having failed a drug test because of their medical marijuana use are not disqualified from receiving unemployment benefits.

 

HTMLNinth Circuit Dismisses Worker’s “‘Sweeping Conclusory Allegations’ of Unequal Treatment”
Hera S. Arsen, Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 24, 2014
McClain v. County of Clark, No. 12-16888 (October 10, 2014): The Ninth Circuit Court of Appeals recently sided with an employer in a case in which the former employee claimed that he was subjected to ageist remarks. According to the court, the “[i]solated references” to the...

 

HTMLSixth Circuit Creates Circuit Split on Same-Sex Marriage; Tees Up Issue for Possible Supreme Court Review
Rebecca J. Bennett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
Yesterday afternoon, in DeBoer v. Snyder, the Sixth Circuit Court of Appeals issued an eagerly-awaited opinion, upholding laws in Ohio, Kentucky, Michigan, and Tennessee banning same-sex marriage. The court held that laws banning same-sex marriage in these states do not violate the Fourteenth...

 

HTMLNinth Circuit Clarifies Preclusive Effect of Private Class Action Settlement on Attorney General Enforcement Action
Robert J. Herrington, Jeff E. Scott; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 12, 2014
A recent decision by the Ninth Circuit may make it more difficult to settle class action lawsuits where there is a potential for parallel government enforcement action.

 

HTMLIndiana Supreme Court Upholds Right-to-Work Law
Charles B. Baldwin, Todd M. Nierman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held Indiana’s right-to-work statute unconstitutional. Charles B....

 

HTMLGoing Private Mergers: More Lenient Standard of Judicial Review Now Available
Phillip S. Sykes; Butler Snow LLP;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
A recent Delaware Supreme Court decision has changed the rules for post-transaction litigation review for “going-private transactions.” The court described the conditions necessary for such a transaction to be judged by the business judgment rule, rather than the more demanding...

 

HTMLWho Decides the Issue of Class Arbitration?
Ameneh K. Ernst, Spencer C. Skeen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 24, 2014
Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the arbitration agreement is silent on whether the agreement allows for class or...

 


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