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Shawe Rosenthal LLP | USA | 22 Sep 2023
Wait - College Football Players Really Are Suing for Pay?
In my blog post last week, It’s Football (Unionizing) Season…, I tackled the topic of whether football players who receive athletic scholarships to…
McDermott Will & Emery | USA | 21 Sep 2023
Watermelon Sugar: Candy Shape and Color Deemed Functional
The US Court of Appeals for the Third Circuit upheld a district court’s decision that a candymaker cannot trademark the shape and colors of…
Cozen O'Connor | USA | 29 Aug 2023
Third Circuit Upholds Pennsylvania Rule 8.4(g) Prohibiting Harassment and Discrimination in the Practice of Law
The United States Court of Appeals for the Third Circuit reversed an Eastern District court ruling striking down a Pennsylvania Rule of Professional…
Cozen O'Connor | USA | 21 Aug 2023
Third Circuit Court Opines on Donning and Doffing Under FLSA
In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by…
Orrick, Herrington & Sutcliffe LLP | USA | 19 Aug 2023
USDA urges Supreme Court to overturn FCRA 3rd Circuit ruling
On August 15, the USDA filed a brief urging the U.S. Supreme Court to overturn a U.S. Court of Appeals for the Third Circuit decision to reverse its…
Edgeworth Economics | USA | 8 Aug 2023
Third Circuit Requires Proof of Customer Deception and Reliance on False Ads to Award Damages
Biotechnology companies Natera and CareDx have been engaged in a prolonged legal battle regarding the validity of patents covering methods of…
Eversheds Sutherland (US) LLP | USA | 28 Jul 2023
Third Circuit holds patent infringement fees do not facilitate ANDA approval
In an opinion released July 27, 2023, the Third Circuit affirmed a 2021 Tax Court decision upholding a pharmaceutical company’s immediate deduction…
Frost Brown Todd LLP | USA | 27 Jul 2023
Dueling Federal and State Actions: The ‘Colorado River’ Doctrine
Consider the following: two parties to a contract are embroiled in a dispute and each thinks the other is in breach. Resolution attempts have failed…
Sidley Austin LLP | USA | 26 Jul 2023
U.S. Third Circuit overturns EPA’s prevention of significant deterioration program “reactivation policy”
On July 25, 2023, in Port Hamilton Refining and Transportation LLLP v. U.S. Environmental Protection Agency, No. 23-1094, the U.S. Court of Appeals…
Sidley Austin LLP | USA | 27 Jun 2023
Supreme Court affirms broad DOJ dismissal authority
On June 16, 2023, the Supreme Court issued its opinion in United States ex rel. Polansky v. Executive Health Resources, affirming that courts should…
