A Pennsylvania court on Friday rejected an insurance carrier's argument that a chemical manufacturer's coverage for litigation over the cleanup of a toxic waste site is limited to the policy in effect when property damage was first discovered, a ruling that could give policyholders access to a wider Continue Reading
5 Recent Fed. Circ. Rulings IP Attys Need to Know
The Federal Circuit has recently foreclosed some appeals from the Patent Trial and Appeal Board and made the America Invents Act’s covered business method review program less potent. Here's a roundup of the court’s top rulings since January and their implications for intellectual property Continue Reading
Omitted Drink Prices Flouted Consumer Law, NJ Justices Told
“There’s a real dispute between the plaintiffs’ bar and defense bar as to what ‘aggrieved’ means,” said Mr. Kott. There would be “nothing fair” about the certification of this class, in which the plaintiffs are “only suing for the statutory penalty” of $100. The business community contends that Continue Reading
Gay Exec’s 2nd Circ. Win Shows Title VII Clarity Needed
The Second Circuit's decision Monday reviving a gay ad executive's discrimination suit against Omnicom Inc. added fuel to the ongoing debate about if and how Title VII applies to sexual orientation bias and put a new arrow in the plaintiffs bar's quiver, but experts say the ruling also highlights Continue Reading
Businesses Worry That Too Many Millennials Headed Out of New Jersey
Millennials are leaving Garden State at a faster clip than any other group; that’s a concern for business groups, who want to keep them here. Last year, the size of the nation’s millennial generation grew enough to top baby boomers and become the largest of the five living generations. But in New Continue Reading
Federal Circuit Needed To Clear Up IPR Estoppel Divide
While district courts haven’t applied the inter partes review estoppel provision with as much rigor as some expected, the Patent Trial and Appeal Board continues to press forward with its more broad interpretation, leaving some confused and clamoring for guidance from the Federal Circuit. The Continue Reading
3 Mistakes To Avoid When Handling Intermittent FMLA Leave
While most employers have fine-tuned their practices for administering leave under the Family and Medical Leave Act, experts say the statute’s allowance for intermittent leave — shorter, less predictable absences — still often leaves employers flustered and open to legal woes. Passed in 1993, the Continue Reading
Conn. Allocation Ruling May Swell Insurers’ Asbestos Burden
A Connecticut appeals court’s ruling Monday that Vanderbilt Minerals LLC doesn’t have to contribute to asbestos injury claims for the years during which there was no insurance available for those risks, which may expand insurers’ asbestos liabilities by forcing them to pick up costs for such Continue Reading
Breaking Free Of EDTX Still Tough Despite Transfer Order
A Federal Circuit decision faulting an Eastern District of Texas judge for refusing to transfer a patent case to California may provide guidance for defendants seeking to escape the patent hotspot, but attorneys say it will remain tough to win transfers out of the district. In a Feb. 23 decision, Continue Reading
Trump Paid Leave Push Might Fizzle In GOP Congress
Even though President Donald Trump threw his support behind a federal paid leave program during his first speech before a joint session of Congress, experts say any such proposal will likely meet numerous roadblocks from Republican lawmakers who have historically opposed any federally mandated paid Continue Reading