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HTMLProducts Liability Plaintiffs Prevented From Seeking Recovery Against New GM Because the Bankruptcy Court Found Their Claims Were Not Assumed by New GM
Jeanna Rickards Koski, Todd E. Phillips; Caplin & Drysdale, Chartered;
Legal Alert/Article
April 27, 2016, previously published on April 25, 2016
On April 15, 2016, the Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) halted the attempt of plaintiffs who were injured in an accident involving a General Motors vehicle to seek recourse against General Motors LLC (“New GM”) in state court,...

 

HTMLQuigg v. Thomas County School District - A New Dawn for Mixed Motive Claims?
Matthew G. Hawk; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
Legal Alert/Article
April 26, 2016, previously published on March 11, 2016
On February 22, 2016, the Eleventh Circuit handed down a decision in Linda Jean Quigg v. Thomas County School District, a ruling that has significant potential to alter the analysis of employment claims. Dr. Quigg was Superintendent of the Thomas County School District under a contract that was set...

 

HTMLA New Strategy: An Unconditional Tender to the Named Plaintiff to Moot a Class Action
Thomas M. Benjamin, Alan H. Goodman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
April 21, 2016, previously published on April 2016
A strategy which we successfully used recently at an early stage of a class action (before a class was certified) to moot the action was to make payment through an unconditional tender to the named plaintiff for the amount of his individual claim. See Leon v. Blue Bell Creameries, Inc.,...

 

HTML"Best" is Not Always Best When It Comes to Knowledge
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
April 13, 2016, previously published on March 2016
The term “knowledge” is used in affidavits, applications, representations, warranties, third-party opinion letters, and in other legal contexts to indicate that statements are not guaranteed to be true but are correct based on the information of the person making the statement, giving...

 

HTMLFederal Circuit Upholds Broad Hatch-Waxman Venue Options for Innovator Pharmaceutical Companies
Gregory A. Castanias, Pablo D. Hendler, Matthew J. Hertko, Anthony M. Insogna, Gasper J. LaRosa; Jones Day;
Legal Alert/Article
April 12, 2016, previously published on March 2016
On March 18, 2016, the United States Court of Appeals for the Federal Circuit issued a combined opinion in Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., No. 2015-1456, and AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 2015-1460, holding that an Abbreviated New Drug Application...

 

HTMLAlabama Tax Tribunal Determines Out-of-State Bookseller Has Nexus, Joins "Club"
Zachary T. Atkins, Eric J. Coffill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 7, 2016, previously published on April 6, 2016
The Alabama Tax Tribunal concluded that an out-of-state retailer was required to collect and remit use tax on the sales of books and educational materials to in-state teachers and students, and that neither the Due Process Clause nor the Commerce Clause impeded the Alabama Department of...

 

HTMLSupreme Court Leave to Appeal Granted
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 31, 2016, previously published on March 16, 2016
The Supreme Court has granted AstraZeneca leave to appeal in its application which asks the correct applicable standard for patent utility in Canada and whether a promised utility doctrine properly exists. This is an appeal from the Federal Court of Appeal in 2015 FCA 158. The following summary was...

 

HTMLMotion Challenging the Listing of a Patent on the Patent Register Filed Before the 2015 Amendments to the PM(NOC) Regulations is Decided on the Basis of the Old Regulations
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 31, 2016, previously published on March 16, 2016
Apotex has successfully challenged the listing of a patent on the Patent Register pursuant to paragraph 4(2)(a) of the PM(NOC) Regulations.

 

HTMLLicensing the Use of a Website is Found to Relate to Wares, Not Services, as the Licence is an Intangible Good
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
March 31, 2016, previously published on March 16, 2016
In 1992, Specialty Software Inc. registered the trademark "MEDINET" in association with computer software programs in relation to wares rather than services. The mark was assigned to Medinet Health Systems Inc. in 2011.

 

HTMLLimited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties 
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 24, 2016, previously published on March 24, 2016
On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a third-party outside the scope of the business owner’s express...

 


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