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Maurice Wutscher LLP | USA | 22 May 2020

SCOTUS Holds ‘But For’ Causation Required to Plead § 1981 Race Discrimination Claim

The Supreme Court of the United States recently held that to prevail in a claim for racial discrimination under 42 U.S.C. § 1981, “a plaintiff must…

Jones Day | Sudan, USA | 22 May 2020

U.S. Supreme Court Allows Retroactive Punitive Damages Against the Republic of the Sudan

The Supreme Court allows victims of terrorist attacks suing the Republic of the Sudan under § 1605A(c) of the Foreign Sovereign Immunities Act to…

Banner Witcoff | USA | 22 May 2020

Third Time Not a “Lucky” Charm for Marcel in SCOTUS’ Decision on Defense Preclusion

On May 14, the U.S. Supreme Court unanimously decided in Lucky Brand Dungarees v. Marcel Fashions Group, No. 18-1086, 590 U.S. ___ (2020), that…

Ropes & Gray LLP | USA | 20 May 2020

Thryv Continues to Simplify CAFC Appeal Docket

The SCOTUS re-calibrated the PTAB’s appeal bar in Thryv, Inc v. Click-To-Call Techs., LP., explaining that potential…

Berger Singerman LLP | USA | 20 May 2020

Supreme Court Clarifies Concept of Defense Preclusion Through Lucky Brand Trademark Battle

On Thursday, May 14, 2020, the U.S. Supreme Court, in a unanimous ruling, found in favor of clothing and Jean manufacturer Lucky Brand Dungarees, Inc…

Reed Smith LLP | USA | 20 May 2020

Missouri Tort Reform: Abusive Lawsuits Won’t Keep Rolling Along

Missouri is central to America - geographically, culturally, and politically. Some of our greatest literature came from Missouri authors (Twain, Eliot…

Jones Day | USA | 19 May 2020

A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit's Defense Preclusion Test

The Court rules in favor of Lucky Brand Dungarees, Inc. in a decades-long trademark dispute with Marcel Fashions Group, Inc. In a unanimous opinion…

Troutman Sanders LLP | USA | 18 May 2020

Tenth Circuit Develops New ERISA Rule in Ellis v. Liberty Assurance Company of Boston

The Tenth Circuit developed a new rule under the Employee Retirement Income Security Act of 1974 (ERISA) in Ellis v. Liberty Assurance Company of…

Sheppard Mullin Richter & Hampton LLP | USA | 18 May 2020

SCOTUS Review of CFAA May Impact Analysis in Data Breach Notification Obligations

For the first time, the U.S. Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States, No. 19-783. A…

Lowenstein Sandler LLP | USA | 15 May 2020

Romag Fasteners: SCOTUS Holds That Plaintiffs in Trademark Suits Need Not Show "Willful Intent" of Infringement to Recover Damages for Lost Profits

In a recent unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court brought some welcome clarity to the question of…
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