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Results:1-10 of 36

More on old NSR claims: injunctive relief remains available against original owners foolish enough not to have sold
  • Foley Hoag LLP
  • USA
  • August 28 2013

As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to


Do liability policies, particularly pollution liability insurance policies, exclude coverage for all injunctions? The Fifth Circuit says no
  • Foley Hoag LLP
  • USA
  • May 22 2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of


D.C. Circuit strikes down NLRB’s notice-posting rule
  • Foley Hoag LLP
  • USA
  • May 17 2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled in National Association of Manufacturers v. NLRB that the National Labor


Sliding the scale: the UK's new small claims court for intellectual property disputes
  • Foley Hoag LLP
  • United Kingdom
  • October 15 2012

An often-frustrating aspect of IP law is that in relatively small matters, the cost of litigation can quickly become disproportionate to the value of the intellectual property in dispute.


Another fine mess: a Clean Air Act case demonstrates the cost of regulatory uncertainty
  • Foley Hoag LLP
  • USA
  • October 8 2012

Late last month, in Wildearth Guardians v. Lamar Utilities Board, Judge David Ebel ruled that Lamar violated the Clean Air Act by not obtaining a MACT determination, given that its potential emissions of hydrochloric acid were 10.3 tons per year, above the 10 tpy limit for any single hazardous air pollutant.


Another nail in the public nuisance litigation coffin: the 9th Circuit affirms dismissal of the Kivalina claims
  • Foley Hoag LLP
  • USA
  • September 25 2012

On Friday, in Native Village of Kivalina v. ExxonMobil, the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the damage claims brought by the City of Kivalina and the Native Village of Kivalina against major greenhouse gas emitters.


Porn parody or infringing pun? Ben & Jerry's brings trademark action against "porno's finest," Ben & Cherry's
  • Foley Hoag LLP
  • USA
  • September 10 2012

Last week, Ben & Jerry’s Homemade Ice Cream brought a trademark action in the Southern District of New York to put a stop to its naughty doppelganger, “Ben & Cherry’s XXX Ice Cream.”


The North Face moves for contempt against "The South Butt" defendants over new trademark "THE BUTT FACE"
  • Foley Hoag LLP
  • USA
  • August 7 2012

Readers of this blog might remember our previous coverage of the 2010 trademark dispute between The North Face Apparel Corp. and The South Butt, LLC.


Rest in peace, Perfect10 v. Google: epic copyright struggle finally dismissed
  • Foley Hoag LLP
  • USA
  • May 8 2012

The firmament of copyright blog topics just got a little dimmer, and a lot better clothed.


Massachusetts federal court holds Supreme Court’s Wal-Mart v. Dukes rulings
  • Foley Hoag LLP
  • USA
  • April 17 2012

In Donovan et al. v. Philip Morris USA Inc., 2012 WL 957633 (D. Mass. Mar. 21, 2012), a class of asymptomatic Massachusetts individuals with a history of over twenty pack-years of smoking sued the defendant cigarette manufacturer in the United States District Court for the District of Massachusetts asserting claims for breach of the implied warranty of merchantability (the Massachusetts nearequivalent of strict liability), negligence and violation of Mass. Gen. L. ch. 93A (the Massachusetts unfair and deceptive practices statute), and seeking a court-supervised program of medical monitoring to detect early signs of lung cancer.