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Plaintiff’s Efforts to Capitalize off of General Mills’ “Gluten Free” Mishap Shut Down in the District of Oregon
  • Weil Gotshal & Manges LLP
  • USA
  • August 29 2016

Last year, I posted about a couple of recently filed putative class action lawsuits against General Mills related to their Cheerios cereals. One of

Equitable remedies are unavailable where there is an express contract
  • Kelley Drye & Warren LLP
  • USA
  • October 14 2011

Matthew Carroll was a commissioned sales representative for Stryker Corporation, a medical instrument manufacturer.

Suite success: Georgia federal court dismisses class action alleging wrongful retention of service charges at large venue luxury suites
  • Seyfarth Shaw LLP
  • USA
  • June 23 2011

On June 8, the United States District Court for the Northern District of Georgia dismissed with prejudice a putative class action filed on behalf of individuals who worked for Levy Restaurants as luxury suite attendants at the Georgia Dome, Philips Arena, and the Atlanta Motor Speedway.

Claim for real estate broker's commission survives motion to dismiss: Eastern Consol. Props., Inc. v. Extell Dev. Co.
  • Farrell Fritz PC
  • USA
  • June 21 2011

In a March 24, 2011 decision by Justice Fried, the Court decided defendant’s motion to dismiss plaintiff’s complaint seeking recovery of real estate brokerage commission.

Appellate court stays enforcement of Foreign Country Money-Judgments Recognition Act
  • Duane Morris LLP
  • USA
  • May 10 2010

On April 27, 2010, the New Jersey Superior Court, Appellate Division, issued an opinion that addresses the interplay between the state's version of the uniform statutes for enforcement of judgments of American states and those of foreign countries, and the "first-to-file" rule.

Peter F. Gaito Architecture, LLC v. Simone Development Corp
  • Loeb & Loeb LLP
  • USA
  • April 14 2010

Addressing an issue of first impression in this circuit, the Second Circuit holds that a district court can resolve the question of substantial similarity on a motion to dismiss when the similarity of the two works concerns only non-copyrightable elements and where no reasonable jury could find that the two works are substantially similar.

Emails may satisfy the New York Statute of Frauds writing requirement
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • January 4 2010

As business is increasingly conducted through a variety of electronic communication devices, courts must make determinations regarding the evidentiary weight that should be placed upon records of those communications.

HMOs move to enforce rates against non-participating physicians
  • Katten Muchin Rosenman LLP
  • USA
  • October 26 2009

HMOs often have sufficient leverage to negotiate physician contracts with acceptable rates for services to health maintenance organization (HMO) members.

New Jersey District Court holds that lawsuits, and not counts alleged within lawsuits, constitute “claims” and applies breach of contract exclusion to bar coverage under E&O policies
  • Wiley Rein LLP
  • USA
  • June 16 2008

The United States District Court for the District of New Jersey, applying New Jersey law, has held that an E&O policy exclusion for claims arising out of breach of contract applied to three lawsuits filed against a school board.

Ohio's 10th Appellate District holds that an affidavit attached to a complaint did not satisfy the requirements of Civil Rule 10(D)(1) for a claim on an account
  • Bricker & Eckler LLP
  • USA
  • June 2 2008

In Hudson & Keyse, LLC v. Carson (10th App. Dist., May 29, 2008), No. 07AP-936, the Tenth Appellate District reversed the trial court's denial of a motion for more definite statement filed under Civil Rule 10(D).