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Searching Content indexed under Litigation, Mediation & Arbitration by Masuda, Funai, Eifert & Mitchell, Ltd. ordered by Published Date Descending.
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1
U.S. Supreme Court Finally Speaks Regarding Trademark Licenses In Bankruptcy
On May 20, 2019, the U.S. Supreme Court issued its long-awaited decision in Mission Products Holdings, Inc. v. Tempnology, LLC nka Old Cold LLC
United States
21 Jun 2019
2
Are Remedies Limitations Enforceable When A Limited Remedy "Fails Of Its Essential Purpose?"
Recently, the 7th Circuit Court of Appeals had to deal with a state law issue under the Uniform Commercial Code that has tormented courts for decades.
United States
3 May 2019
3
Illinois Supreme Court Issues Ruling In Landmark Biometric Information Privacy Case
The Illinois Supreme Court's recent ruling that actual harm is not required to establish a cause of action for a violation of Illinois's Biometric Information Privacy Act affirmed BIPA's "preventative and deterrent" purposes.
United States
1 Apr 2019
4
Make Sure Your Arbitration Agreement Is Enforceable
Ever since (and even before) the U. S. Supreme Court's decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), companies are asking its employees to sign mandatory arbitration agreements.
United States
29 Mar 2019
5
Buyers, Sellers And Brokers Beware! Your Text Messages Could Be Binding
As technology has developed, courts have increasingly been forced to grapple with the question of whether non-traditional means of communication constitute binding contracts.
United States
29 Mar 2019
6
Drafting Mistakes Sink An Arbitration Agreement
Courts throughout the United States are closely examining arbitration agreements, especially when current and former employees are seeking to proceed with their cases in court.
United States
29 Mar 2019
7
Non-Solicitation Of Employees
In California, courts have found unenforceable provisions in employment agreements restricting competition and the non-solicitation of customers.
United States
28 Mar 2019
8
United States Supreme Court To Continue String Of Arbitration Related Decisions
Fresh on the heels of this ruling, the Supreme Court this October heard arguments in three additional arbitration-related matters.
United States
14 Jan 2019
9
California Law: Non-Hire Clauses In A Land Without Non-Competes
Out-of-date agreements and clauses can result in unnecessary litigation, confusion and waste of the company's resources.
United States
11 Jan 2019
10
Another Dilatory Claimant Loses Out
NewSpin found the defendant, Arrow Electronics, which dealt in these types of electronic components.
United States
11 Jan 2019
12
"Notwithstanding Anything To The Contrary" Language Disputed In Recent Case
Drafters frequently use language such as "Notwithstanding anything [in this section] or [in this agreement]" to emphasize and make clear the importance ...
United States
12 Sep 2018
13
Parent Company's Alleged Control Of Subsidiary Insufficient To Establish Personal Jurisdiction
It is not uncommon for plaintiff's counsel to assert creative theories in an effort to establish personal jurisdiction over a defendant in a particular forum.
United States
12 Sep 2018
14
Fraudster's "Blame The Victim" Defense Fails
Richard Carter was a rancher in Wyoming where he operated a family-owned cattle ranch. He had the misfortune of using a dishonest broker who cost him a lot of money.
United States
12 Sep 2018
15
California Court Of Appeals Confirms That One Class Action Is Enough
The California Court of Appeal's decision in Shine v. Williams-Sonoma reiterates that all claims relating to payments to employees ...
United States
22 Jun 2018
16
Another Failed Effort To Overturn Arbitration Award
In several previous Risk Management Updates, we have reported on losing parties' challenges to an arbitration award.
United States
6 Dec 2017
17
Dealer's $6.5 Million Judgement Against Supplier Reversed Under Indiana Franchise Law
Courts and lawyers must deal with ambiguous statutes all the time. But Judge Wood's frustration with the Indiana Deceptive Franchise Practices Act (IDFPA)...
United States
13 Sep 2017
18
U.S. Supreme Court Narrows Patent Rights By Expanding Patent Exhaustion
In another decision against patent owners, the U.S. Supreme Court has decided to expand the scope of the patent exhaustion doctrine.
United States
22 Jun 2017
19
U.S. Supreme Court Finds Overseas Service Of Suits By Mail Is Permitted
The United States Supreme Court, in an unanimous decision, held that, as long as the receiving country has not objected via the Hague Convention and the applicable U.S. procedural law to the suit...
United States
20 Jun 2017
20
Another Illinois Case Decides When An Asset Purchaser Is Responsible For Liabilities As A Mere Continuation Of The Seller
In our Risk Management Update of December 23, 2015, we discussed an Illinois case that had to decide when a successor entity purchasing the assets of its predecessor became liable...
United States
14 Jun 2017
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