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|Discharge Exception for Fraud by Corporate Insider Is More Broad Than Circuit Court of Appeals Had Thought|
Duane Morris LLP;
July 22, 2016, previously published on May 16, 2016On May 16, 2016, the Supreme Court of the United States handed down its opinion in Husky International Electronics, Inc. v. Ritz, Case No. 15-145.
|Patent Office’s Continuation Filing Deadline Rule Upheld by the Federal Circuit|
Ernest V. Linek; Banner & Witcoff, Ltd.;
July 21, 2016, previously published on June 22, 2016Yesterday, the Court of Appeals for the Federal Circuit reversed and remanded the decision of the Delaware district court in Immersion Corp. v. HTC Corp., No. 1:12-cv-00259, 2015 WL 627425 (D. Del. Feb. 11, 2015). That case held that to have continuity with an earlier filed application that was...
|A Game Changer for Personal Jurisdiction|
J. Bruce McKissock, Nicolai A. Schurko; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 20, 2016, previously published on June 1, 2016The landscape of where large national companies can be sued in the United States has dramatically changed over the past few years. Imagine the following scenario: a younger husband and wife, residents of Ohio, have left their children with a babysitter and are driving a rented SUV on a remote road...
|Supreme Court Relies on Attorney Notes in Considering a Claim of Racial Profiling in Juror Selection|
Bradley W. (Brad) Harrison, José A. Isasi, C. Kevin Marshall, Charles R.A. Morse, Neil Vakharia; Jones Day;
July 20, 2016, previously published on May 2016On May 23, 2016, in Foster v. Chatman, No. 14-8349, the U.S. Supreme Court clarified how courts should address Batson claims of unlawful discrimination during juror selection and highlighted the role that notes in an attorney's files may play in these inquiries.
|Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic Airports|
Lewis S. Wiener, Amy Xu; Sutherland Asbill & Brennan LLP;
July 19, 2016, previously published on July 19, 2016On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to provide blind-accessible kiosks at domestic airports. The...
|Second Circuit Rejects Government's Theory of Fraud in Major FIRREA Case: Court's Ruling Restricts When a Contractual Breach May Be Held Fraudulent Under Federal Law|
Harold K. Gordon, Lisa M. Ledbetter, Rajeev Muttreja; Jones Day;
July 15, 2016, previously published on July 2016On May 23, 2016, the U.S. Court of Appeals for the Second Circuit reversed a nearly $1.3 billion civil penalty imposed against Countrywide Home Loans, Inc. and related defendants (collectively, "Countrywide") under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989...
|Madden v. Midland Funding, LLC: Supreme Court Denies Review of Controversial Second Circuit Ruling|
Traci L. Lovitt, Matthew A. (Matt) Martel, Anthony M. (Tony) Masero, Joseph B. (Joe) Sconyers; Jones Day;
July 15, 2016, previously published on June 2016On June 27, 2016, the United States Supreme Court denied certiorari in Madden v. Midland Funding, LLC. This outcome is consistent with the Solicitor General's position that further review is not appropriate at this time. We previously addressed this case and petition here and the Solicitor...
|More Food for Thought: Court Releases New Decision on Deductible, Interest Rates and Waiving Mediation Privilege|
Jeremy Ablaza, Tamara Tomomitsu; Borden Ladner Gervais LLP;
July 14, 2016, previously published on June 29, 2016On June 22, 2016, an endorsement was issued in Dimopoulos v Mustafa, 2016 ONSC 4119 pertaining to issues raised during the argument of a threshold motion in a motor-vehicle accident case. These issues included the following:
|Ontario Court of Appeal Upholds Law Society's Decision to Deny Accreditation to Trinity Western University|
Nadia Effendi, Heather Pessione; Borden Ladner Gervais LLP;
July 14, 2016, previously published on June 30, 2016Trinity Western University v. Law Society of Upper Canada, 2016 ONCA 518
|Duty of Care to Victims of Problem Gamblers not "Hopeless"|
Laura Day, David Elman; Borden Ladner Gervais LLP;
July 12, 2016, previously published on June 20, 2016On June 10, 2016, the Court of Appeal released its decision in Paton Estate v. Ontario Lottery and Gaming Corporation. The majority of the Court of Appeal refused to close the door on the possibility that casinos owe a duty of care to victims of "problem gamblers". The majority of the...