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|Federal Court Holds that Employer Does Not Have to Remove Essential Job Functions as a Reasonable Accommodation Under ADA|
John H. Geaney; Capehart & Scatchard, P.A.;
February 19, 2015, previously published on February 5, 2015Joe Wilkerson worked for Boomerang Tube, LLC first as a general laborer and then as a mill operator. He injured his left hand on December 13, 2010 while operating the mill. He returned to work on restricted duty on December 17, 2010. On that evening at work, he reinjured his hand requiring another...
|Mode of Operation Rule Does Not Apply to Fall Due to Milk Leaking from Milk Carton at Checkout Aisle|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
February 19, 2015, previously published on January 16, 2015 When the mode of operation doctrine applies in a personal injury case, it makes a case more difficult to defend because it eliminates the plaintiff’s burden of proof in establishing that the proprietor had notice of the dangerous condition. In the recent case of Novick v. Glass Gardens, Inc.,...
|FDA Issues Two Final Rules to Help Consumers Keep Track of Calories|
Justin J. Prochnow; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 02, 2014The U.S. Food and Drug Administration (FDA) recently finalized two rules requiring that calorie information be listed on menus and menu boards in chain restaurants and similar retail food establishments, as well as on certain vending machines. In announcing the finalization of the two rules, FDA...
|FTC Aims To Improve Disclosures Needed in Ads to Avoid Misleading Consumers|
Irving Scher; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 15, 2014Pursuant to an initiative entitled “Operation Full Disclosure,” the Federal Trade Commission (FTC or the Commission) recently sent warning letters to more than 60 companies-including 20 of the largest advertisers in the country-that the Commission claimed had failed to make adequate...
|ALJ Gildea Issues Public Versions Of Various Discovery-Related Orders in Certain Silicon Microphone Packages (337-TA-888)|
Katherine Cappaert, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 26, 2014, previously published on May 16, 2014On May 8, 2014, ALJ Gildea issued the public versions of Order Nos. 35 (dated April 15, 2014), 36 (dated April 17, 2014), 39 (dated April 28, 2014), and 40 (dated April 28, 2014) in Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888).
|Design Patent Case Digest: W.Y. Industries, Inc. v. Kari-Out Club LLC|
David K.S. Cornwell, Tracy-Gene G. Durkin; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
December 9, 2013, previously published on December 3, 2013Opinion: Plaintiff W.Y. Industries, Inc. sued Kari-Out Club LLC for infringement of U.S. Design Patent D469,689, entitled Rectangular Stackable Container. W.Y. Industries sells rectangular plastic food containers. Kari-Out makes competing food containers. The Court adopted W.Y. Industries’...
|Gender Identity and Gender Expression: New Prohibited Grounds of Discrimination Considered By Tribunal|
Jacquie Dagher; Borden Ladner Gervais LLP;
November 29, 2013, previously published on November 27, 2013Gender identity and gender expression were added as protected grounds of discrimination under the Human Rights Code (the “Code”) by Ontario’s Bill 33, which came into force on June 19, 2012. The Human Rights Tribunal’s decision in Vanderputten v. Seydaco Packaging Corp is...
|Lamina Packaging Files New 337 Complaint Regarding Certain Laminated Packaging Products|
Oblon Spivak McClelland Maier Neustadt L.L.P.;
March 8, 2013, previously published on February 21, 2013 On February 20, 2013, Lamina Packaging Innovations LLC of Longview, Texas (“Lamina”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Summary Judgment Dooms Attempted Monopolization Claim in Small Container Trash Hauling Market|
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
September 10, 2012, previously published on September 4, 2012In All Star Carts and Vehicles, Inc., et al. v. BFI Canada Income Fund, et al., Case No. 2:08-cv-01816-LDW-AKT, August 1, 2012, the District Court for Eastern District of New York recently granted defendants’ motion for summary judgment on the grounds that the plaintiffs failed to establish...
|ALJ Bullock Grants Motion To Terminate Investigation as To Eco Greenwares in Certain Food Storage Containers (337-TA-835)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
June 22, 2012, previously published on June 20, 2012On June 19, 2012, Chief ALJ Charles E. Bullock issued Order No. 9 in Certain Food Storage Containers, Cups, Plates, Cutlery, and Related Items and Packaging Thereof (Inv. No. 337-TA-835).