martindale.com
Legal Library
|
Show: results per page Sort by:  | Plaintiffs Strike Out in Bids for Remand in Class Action Fairness Act Cases
Michael R. Lied; Howard & Howard Attorneys PLLC;
Legal Alert/Article May 18, 2012, previously published on May 17, 2012 Cunningham Charter Corporation sued Learjet, Inc. in an Illinois state court for breach of warranty and products liability on behalf of itself and other buyers of Learjets who had received the same warranty. Learjet removed the case to federal district court under the Class Action Fairness Act...
|  | EU State Aid Modernisation - A Trojan Horse in Commissioner
Salomé Cisnal de Ugarte; Mayer Brown International LLP;
Legal Alert/Article May 18, 2012, previously published on May 2012 Last week the European Commission adopted a Communication where it announced its plans to modernise State aid control. The Communication on State Aid Modernisation (also referred to as “SAM”) sets out the long-awaited reform package of the State aid rules in the European Union (EU). The...
| | Resale Price Maintenance - Dead or Alive
Elizabeth H. Kelly, Stephen P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article May 18, 2012, previously published on May 2012 Subsequent to the Supreme Court’s 5-4 decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), rejecting per se treatment of resale price maintenance, a groundswell erupted of outrage and threats of reprisal by federal and state legislators. On the federal...
| | In Re Montgomery: Inherently Therapeutic
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 17, 2012 In In re Montgomery, the Federal Circuit addressed the issue of anticipation by inherency in the therapeutic context. This case illustrates the difficult doctrine of inherency and the potential importance of claim language-and claim construction-to an inherency analysis.
| | EPA’s New “Draft Guidance” for Fracking: Oil/Gas Industry Generally Pleased, But Caution Is Advised
Richard G. Stoll; Foley & Lardner LLP;
Legal Alert/Article May 18, 2012, previously published on May 15, 2012 In the Federal Register of May 10, 2012, U.S. EPA issued long-awaited “Draft Guidance” for regulating the highly controversial and rapidly-growing practice known as hydraulic fracturing - or “fracking” - for natural gas and oil. See 77 FR 27451. EPA is requesting written...
| | An Elusive Treasure - San Jose Shipwreck - Judicial Developments
Jaime Escobar, Juan Carlos Uribe; Triana, Uribe & Michelsen;
Legal Alert/Article May 18, 2012, previously published on May 18, 2012 Legal and Jurisprudencial developments regarding the property of San José's Shipwreck Treasure putting an end to economic interests among private corporations and National Authorities.
| | Controversial Council of State Decision Might Affect Foreign Mark Owners
Triana Uribe Michelsen;
Legal Alert/Article May 18, 2012, previously published on May 12, 2012 The Colombian Council of State has issued a controversial decision within the context of nullity proceedings. The decision is pending confirmation on appeal; if confirmed, it will have dramatic consequences for trademark owners around the world who are interested in protecting and enforcing their...
| | Republic of Macedonia, Jurisdictional System
Aleksandar Pulejkov; Law Enforcement Agency Aleksandar Pulejkov (Macedonia);
Legal Form May 18, 2012, previously published on May 18, 2012 Macedonia, Jurisdictional System
| | In re KB Toys, Inc.: “Disabilities Attach To and Travel With the Claim”
Frederick D. Hyman, Monique J. Mulcare; Mayer Brown LLP;
Legal Alert/Article May 18, 2012, previously published on May 17, 2012 On May 4, 2012, the Delaware bankruptcy court in In re KB Toys, Inc., et al. (KB Toys), handed down a thoughtful decision addressing the issue of whether impairments attach to a claim or remain with its seller. The KB Toys court held that “a claim in the hands of a transferee has the same...
| | Connecticut Supreme Court Modifies Law Concerning Late Notice of an Insurance Claim
Michael T. McCormack; Hinckley, Allen & Snyder LLP;
Legal Alert/Article May 18, 2012, previously published on May 2012 The Connecticut Supreme Court recently overruled twenty-year precedent concerning the burden of proving prejudice to an insurance company arising from late notice of an accident, and held that the burden of proving prejudice arising from late notice rests with the insurance company and that an...
|
|