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Adobe PDFWho You Gonna Call? The Board!
H. Wayne Porter; Banner & Witcoff, Ltd.;
Legal Alert/Article
March 27, 2015, previously published on February 23, 2015
The PTAB issued an order providing guidance for responding to potential witness coaching during a deposition recess.

 

HTMLFood Court Report: Plaintiffs Challenging Food Labels May Be Required to Conduct Expensive Consumer Perception Surveys to Demonstrate Deception
Douglas J. Behr; Keller and Heckman LLP;
Legal Alert/Article
March 27, 2015, previously published on January 15, 2015
A federal judge in California recently made it more difficult for plaintiffs to demonstrate that food labels are misleading. The judge's ruling points to the need for consumer perception surveys to demonstrate that consumers were misled by allegedly false food labels. Consumer perception surveys...

 

HTMLU.S. District Court Examines Pleading Standard Under FRCP 12(b)(6) and FRCP 9(b)
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Lacey Townsend v. Eastern Specialty Finance, Inc., a case involving a private cause of action under the Delaware Consumer Fraud Act, the United States District Court for the District of Delaware concluded that the factual allegations in the plaintiff’s complaint failed to state a claim...

 

HTMLU.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;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In 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...

 

HTMLCalifornia Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court
Mitchell F. Boomer; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 22, 2015
The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC,...

 

HTMLMaryland’s Intermediate Appellate Court Adopts Section 3.07 of Restatement (Third) of Agency, and Finds Corroboration Unnecessary to Support Admissibility of Habit Evidence
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Rosebrook v. Eastern Shore Emergency Physicians LLC, Maryland’s intermediate appellate court addressed issues of agency law and evidence. Specifically, the Court held that an attorney had the authority to act on behalf of a deceased client to pursue an appeal when that attorney has noted...

 

HTMLArbitration May Be One Stop on the Road to Litigation
David K. TeSelle; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 4, 2015
Generally 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...

 

HTMLSupreme Court Delivers New Life to Pregnancy Discrimination Claim
Nicole Bermel Dunlap, Leanne C. Mehrman; Ford & Harrison LLP;
Legal Alert/Article
March 27, 2015, previously published on March 26, 2015
Executive Summary: On March 25, 2015, the United States Supreme Court issued an opinion that redefines the standard for disparate treatment claims under the Pregnancy Discrimination Act (PDA). In Young v. United Parcel Service, Inc., the Court applied the McDonnell Douglas burden-shifting standard...

 

HTMLFourth Circuit Affirms District Court’s Decision That Virginia Workers’ Compensation Act Barred Personal Injury Suit by Construction Worker Employed by North Carolina Company
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In James Demetres v. East West Construction, Inc., James Thomas Demetres (“Demetres”) appealed the district court’s dismissal of his personal injury suit against East West Construction, Inc. (“East West”) for lack of subject matter jurisdiction pursuant to Federal Rule...

 

HTMLEnglish High Court Tackles Serious Irregularity in LCIA Arbitral Award
Damian Watkin; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on March 2015
Challenges to arbitral awards on serious irregularity grounds are rarely pressed and very seldom succeed. The recent English[1] High Court judgment in The Secretary of State for the Home Department v Raytheon Systems Limited[2] ("First Judgment") is however one such occasion where a...

 


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