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Searching Content indexed under Litigation, Mediation & Arbitration by BakerHostetler ordered by Published Date Descending.
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1
Federal Circuit Confirms The Value Of Design Patents Covering Replacement Parts
On July 23, 2019, the Federal Circuit departed from its utility patent-focused docket to deliver a precedential opinion relating to design patents
United States
9 Sep 2019
2
Third Circuit Smacks Down Class Action Settlement In Google Cookie Placement Litigation
In a refreshingly plain-spoken opinion issued Aug. 6, a three-judge panel of the Third Circuit Court of Appeals criticized a multimillion-dollar class action settlement in litigation
United States
30 Aug 2019
3
Ninth Circuit Reverses Itself And Finds That At Least Some ERISA Claims Can Be Compelled To Arbitration
The Employee Retirement Income Security Act of 1974 ("ERISA") was the largest statute ever passed by Congress at the time it was enacted and has only grown further since then
United States
27 Aug 2019
4
Tennessee District Court Refuses Conditional Certification Of Class Of Assistant Managers
In collective actions under the FLSA, courts typically apply a lower standard to the first "conditional certification" stage. In some cases
United States
26 Aug 2019
5
AD-ttorneys@law August 21, 2019
The internet economy is built on "free" services. From search engines to email to countless other services
United States
26 Aug 2019
6
Ohio Supreme Court Addresses Waiver Of The Right To Arbitrate In The Putative Class Action Context
In Gembarski v. PartsSource, Inc. (Slip Opinion No. 2019-Ohio-3231, decided Aug. 14, 2019), the Supreme Court of Ohio clarified the standards for waiver of the right
United States
22 Aug 2019
7
District Court Decertifies FLSA Collective Action With Independent Contractor Issues
We've commented many times before that relatively few collective actions survive the "second stage" motion to decertify or, relatedly, an unofficial "third stage"...
United States
22 Aug 2019
8
"Original Patent" vs. Written Description — A New Reissue Gauntlet?
In two opinions issued in the past few weeks, the Federal Circuit has shaken up two requirements of the reissue statute that most practitioners don't think about much.
United States
22 Aug 2019
9
Insurance Class Action Quarterly Update - July 2019
Insurance class actions have continued to bloom this spring with more vehicle total loss tax and fee class actions around the country
United States
22 Aug 2019
10
Preppy Retailer Gets Sued Over Poorly Printed Receipt
Vineyard Vines accused of including customer expiration date on receipt.
United States
22 Aug 2019
11
Exmark's The Spot For Royalty Rate Apportionment
The language of the patent damages statute, 35 U.S.C. § 284, appears straightforward – "[u]pon finding for the claimant the court shall award the claimant damages adequate to compensate for
United States
20 Aug 2019
12
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
13
The Ninth Circuit Withdraws Its Opinion Applying Dynamex Retroactively; Asks California Supreme Court To Decide Instead
The Ninth Circuit Court of Appeals changed its mind and decided to ask the California Supreme Court to decide whether the California Supreme
United States
20 Aug 2019
14
Supreme Court Gives Green Light To Prosecutors "Piling On" In Cross-Border Criminal Enforcement Actions
On June 17, 2019, in Gamble v. United States, the U.S. Supreme Court held that the Double Jeopardy Clause of the Fifth Amendment to the U.S.
United States
20 Aug 2019
15
Youfit Reaches $1.4M TCPA Settlement
For most of us, gyms can be somewhat … intimidating. We're going there because we're less than perfect, of course. But why are there so many perfect people already there
United States
19 Aug 2019
16
Foodstate Settles ‘Whole Foods' Supplement Class Action
Plaintiffs allege product labels misled consumers on wholesome sourcing
United States
19 Aug 2019
17
NY Law Doesn't Prevent Arbitration Of Sexual Harassment Claims
Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes
United States
16 Aug 2019
18
Return Mail May Make COFC More Attractive To Patent Holders
In 2011 the Leahy-Smith America Invents Act created three new types of post-issuance proceedings to challenge patent validity: inter partes review,[1] post-grant review[2] and covered
United States
4 Jul 2019
19
Grubhub Orders Up More TCPA Tsouris
Grubhub is an ambitious company. Founded in 2004, it had gobbled up its main competitor, Seamless, by 2013; it went public
United States
3 Jul 2019
20
Tennessee District Court Conditionally Certifies ADEA Collective Action
Connecting the dots will likely be a problem down the road .
United States
27 Jun 2019
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