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|Supreme Court Strikes Down Arizona Law Requiring Documented Proof of Citizenship Before Registering to Vote|
Jennings Strouss Salmon P.L.C.;
June 19, 2013, previously published on June 17, 2013The Supreme Court ruled Monday that an Arizona law requiring documented evidence of citizenship before registering to vote is preempted by federal law. The Justices held that Arizona cannot add to the federal National Voter Registration Act by demanding documented proof of citizenship.
|What Elephant? Supreme Court Downplays Inquiry into Patent Strength in Hatch-Waxman Settlements|
Amelia Cardenas, Scott A. Cunning, Kyle Musgrove, Richard A. Ripley; Haynes and Boone, LLP;
June 19, 2013, previously published on June 17, 2013The Supreme Court held today in FTC v. Actavis that so-called “reverse payment” settlement agreements are subject to antitrust law’s “rule of reason” analysis. The Court, however, largely downplayed whether such analysis would require inquiry into what Justice Scalia...
|Fourth Circuit Finds NLRB Lacked Authority to Issue Notice Posting Rule|
Ford Harrison LLP;
June 19, 2013, previously published on June 17, 2013Executive Summary: The Fourth Circuit has become the second federal appeals court to strike down the National Labor Relations Board's rule requiring employers to post a notice of employee rights. In Chamber of Commerce v. NLRB (June 14, 2013), the court held that the Board exceeded the authority...
|Robinson v. JoeyBra LLC|
David K.S. Cornwell, Tracy-Gene G. Durkin; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
June 18, 2013, previously published on June 14, 2013Opinion: Plaintiff Charles Robinson sued JoeyBra LLC in May 2012 for infringement of U.S. Design Patent No. D448,541 entitled “Brassiere.” Robinson obtained a patent for his pocketed bra design in 2001. JoeyBra’s product, the JoeyBra, is also a pocketed bra intended to hold...
|Pennsylvania Superior Court Holds that Mechanics’ Lien Claim Exists for Excavation Work Performed Incidental to a Planned Improvement That Is Never Constructed.|
James D. Miller; Babst Calland;
June 18, 2013, previously published on June 15, 2013In B.N. Excavating, Inc. v. PBC Hollow A, L.P., 2013 PA Super 120 (May 17, 2013), the Pennsylvania Superior Court sitting en banc reached a significant decision regarding whether a mechanics’ lien claim exists for excavation work performed incident to a planned improvement that is never...
|Connecticut Joins States Recognizing Insurance Coverage For Defective Subcontractor Work|
Chandra D. Lantz; Hirschler Fleischer A Professional Corporation;
June 18, 2013, previously published on June 12, 2013Last week, the Connecticut Supreme Court released an opinion ending uncertainty in the state over insurance coverage under commercial general liability policies for property damage caused by defective subcontractor work. Reviewing the issue for the first time in Capstone Building Corp. &...
|Supreme Court varies VIAGRA Ruling, Confirms That Patent Is Neither Invalid nor Void|
J. Sheldon Hamilton; Smart & Biggar/Fetherstonhaugh;
June 18, 2013The Supreme Court of Canada has clarified its ruling in Teva Canada Ltd v Pfizer Canada Inc, 2012 SCC 60. The Court has confirmed that the patent in issue is neither invalid nor void, finding instead that Teva had established its allegation and therefore dismissing Pfizer’s application for an...
|Class Action Drivers in Australia: D&O Insurance and Access to Deep Pockets|
John Emmerig, Michael Legg; Jones Day;
June 18, 2013, previously published on June 2013The discontinuance of proceedings against a number of former directors in Mercedes Holdings Pty Ltd v Waters (No 6)  FCA 1412 illustrates the importance of D&O insurance and the respondent's ability to pay in the decision-making of claimants and litigation funders. The discontinuance also...
|Rise of the Genome|
David A. Munkittrick; Proskauer Rose LLP;
June 18, 2013, previously published on June 14, 2013We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court decided what Justice Alito described as “perhaps the most important...
|404 Permittees Should Look Over Your Shoulder for the Corps and the EPA|
Gary P. Kraus; Onebane Law Firm APC;
June 18, 2013In Mingo Logan Coal Company v. United States Environmental Protection Agency, the United States Court of Appeals for the District of Columbia ruled that one subsection of Section 404 of the Clean Water Act ("CWA") authorizes the administrator of the Environmental Protection Agency...