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|U.S. District Court Examines The “Relation Back” Provision of Federal Rule of Civil Procedure 15(c)|
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
March 27, 2015, previously published on February 2015In Branden Wallace v. Eric Houston, et al., a case involving a motion to dismiss an amended complaint that sought to add additional defendants to an ongoing 42 U.S.C. § 1983 suit, the United States District Court for the District of Delaware concluded that the amended complaint did not...
|Fourth Circuit Affirms Maryland District Court’s Grant of Summary Judgment for Employer Where EEOC Relied Upon Erroneous Expert Testimony of Industrial Psychologist|
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on February 2015In EEOC v. Freeman, Freeman-a provider of integrated services for expositions, conventions, and corporate events, with offices in major cities throughout the United States-began conducting background checks on its job applicants. In 2001, the Equal Employment Opportunity Commission...
|Is Summary Judgment Unavailable for Sexual Harassment Claims? The Impact of the Walker v. Mod-U-Kraf Ruling on Sexual Harassment Claims in the Fourth Circuit|
Carrie M. Harris; Spilman Thomas & Battle, PLLC;
March 27, 2015, previously published on February 23, 2015In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of Appeals, however, indicates it is going to be increasingly difficult...
|Arbitration May Be One Stop on the Road to Litigation|
David K. TeSelle; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 27, 2015, previously published on February 4, 2015Generally speaking, the term “alternative dispute resolution,” or ADR, refers to a host of methods of resolving legal disagreements that do not involve resorting to actual court proceedings. One of the most popular forms of ADR is arbitration, which can be used when both parties agree...
|Supreme Court of Canada Preserves Client Confidentiality and Solicitor-Client Privilege|
Angela Swan; Aird & Berlis LLP;
March 27, 2015, previously published on February 2015The Supreme Court of Canada has limited the right of the government, through its anti-money laundering and anti-terrorist financing agency, to have access to lawyers’ records and information on clients. The judgment in Attorney General of Canada v. Federation of Law Societies of Canada, 2015...
|When a Statement Becomes a Promise: Canadian Federal Court of Appeal Studies “Promise Doctrine” In Celecoxib Patent Utility Finding|
Jason Moscovici; ROBIC, LLP;
March 27, 2015On October 30th, 2014, the Canadian Federal Court of Appeal dismissed two appeals brought by Mylan Pharmaceuticals ULC and Apotex Inc. ("Appellants"), heard jointly, in a decision that further clarifies the “promise doctrine” applied to patent validity cases involving the...
|Food and Drug Alert: California Appellate Court Holds That Reproductive Toxicants Can Be Averaged Over Time When Determining Exposure Under Proposition 65|
Leslie T. Krasny; Keller and Heckman LLP;
March 27, 2015, previously published on March 20, 2015In Environmental Law Foundation (ELF) v. Beech-Nut Nutrition Corp., (court opinion), the California Court of Appeal for the First Appellate District held that in appropriate circumstances, exposures to reproductive toxicants may be averaged over time under Proposition 65, otherwise known as the...
|Virginia Supreme Court Finds That an Act of Corporate Domestication Does Not Give Rise to Shareholders’ Statutory Rights of Appraisal|
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on February 2015In Fisher v. Tails, Inc., the Virginia Supreme Court held, as a matter of first impression, that shareholders in a corporation originally incorporated in Virginia were not entitled to appraisal rights when that corporation transferred its state of incorporation to Delaware. Under Virginia law -...
|The Supreme Court Points Courts to Juries on Issue of Trademark Tacking|
Anna L. King; Banner & Witcoff, Ltd.;
March 27, 2015, previously published on February 2, 2015On January 21, 2015, the Supreme Court issued a unanimous decision, affirming the ruling of the U.S. Court of Appeals for the Ninth Circuit, holding that trademark tacking is an inquiry that operates from the perspective of an ordinary purchaser or consumer and is thus a question for a jury.
|Court of Appeals Affirms Holding That Letter of Intent is Enforceable Where It Contained All Necessary Terms and Did Not Explicitly Reject Being Bound.|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
March 27, 2015, previously published on February 2015Falls Garden Condominium Association, Inc. (“Falls Garden”) mistakenly believed that it owned 65 parking spaces adjacent to their building. After 23 years, Falls Garden set up parking signs indicating unauthorized vehicles would be towed. The actual lot owner, Falls Homeowners...