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|The SCC Monitor (09/02/2015)|
Justin Nasseri; McCarthy Tetrault LLP;
February 26, 2015, previously published on February 9, 2015The Supreme Court of Canada recently released several judgments that are of interest to Canadian businesses and professions.
|U.S. Supreme Court Clarifies Procedures for Removal to Federal Court under Class Action Fairness Act|
William J. Anthony; Jackson Lewis P.C.;
February 26, 2015, previously published on December 23, 2014In a divided 5-to-4 opinion, the U.S. Supreme Court has held that defendants seeking to remove a case to federal court under the Class Action Fairness Act (“CAFA”) need only allege in the notice of removal an amount in controversy in excess of the $5 million threshold and need not...
|2014 - Choice and Control [Part 1]|
Jemma Thomas; Withers Bergman LLP;
February 26, 2015, previously published on December 19, 20142014 has been a busy year for the family courts with significant reforms in procedure and a plethora of reported decisions. Considering this year’s developments in review, the two words that come to mind again and again are ‘choice’, and ‘control’, which are the focus...
|FTC v. St. Luke's Health System, Ltd.: Ninth Circuit Holds that Acquisition of Physician Group Practice Violates Antitrust Laws, Requires Divestiture|
Peter M. Boyle, Christina E. Fahmy, Cybil Roehrenbeck Gregory; Kilpatrick Townsend Stockton LLP;
February 26, 2015, previously published on February 11, 2015 On February 10, 2015, the Ninth Circuit affirmed a district court ruling in favor of the Federal Trade Commission that the acquisition of an Idaho physician group practice by St. Luke’s Health System violated the antitrust laws, specifically Section 7 of the Clayton Act. Closely watched by...
|Denial of Plan Confirmation and Finality - Supreme Court's Resolution of Circuit Split May Apply to Chapter 11|
Niel Alden; Burr & Forman LLP;
February 26, 2015, previously published on January 21, 2015The Supreme Court has agreed to hear Bullard v. Hyde Park Savings Bank (In re Bullard), U.S., No. 14-116 (cert. granted 12/12/14). The Court's decision in this case will resolve a circuit split with regard to whether an order denying confirmation of a bankruptcy plan is a final order appealable...
|Court Rules That Trademark Licensees Are Protected by Section 365(n) and That Licensees’ Rights Cannot Be Extinguished by Sale Free and Clear Absent Consent|
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
February 26, 2015, previously published on January/February 2015Protections added to the Bankruptcy Code in 1988 that give some intellectual property ("IP") licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a trademark...
|Federal Circuit Issues Foundational Decision in First IPR Appeal: In re Cuozzo Speed Technologies, LLC|
Gregory A. Castanias, David B. Cochran, Matthew W. Johnson, Jennifer L. Swize; Jones Day;
February 26, 2015, previously published on February 2015On February 4, 2015, in a 2¿1 decision addressing two novel and foundational issues arising under the newly created inter partes review ("IPR") proceedings of the America Invents Act of 2011 ("AIA"), the Federal Circuit held that (i) institution decisions by the Patent...
|SCC Undoes the Competition Tribunal and FCA Decisions in Tervita|
Laurie Baptiste; McCarthy Tetrault LLP;
February 26, 2015, previously published on February 10, 2015The highly anticipated judgment of the Supreme Court of Canada (SCC) in Tervita Corporation, et al v Commissioner of Competition is finally here (leave was granted back in July 2013 and argument heard in March 2014). Many expressed concerns about potential problems arising from the Tribunal and...
|Not so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence|
Matthew A. Barley; Butler Snow LLP;
February 26, 2015, previously published on February 16, 2015Not so Fast - The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence
In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was...
|The Bitter and Sweet of the Wal-Mart/Comcast/Halliburton Triumvirate: More Grounds for Defeating Class Certification, But More Exposure to Discovery|
Noah Ryan Litton, Chad A. Readler; Jones Day;
February 26, 2015, previously published on January 2015Corporate litigants are still celebrating recent United States Supreme Court victories by defendants in high-profile class-action cases. As they should. After all, the trio of cases, Wal-Mart Stores, Inc. v. Dukes, Comcast Corp. v. Behrend, and Halliburton Co. v. Erica P. John Fund, Inc., mark a...