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Results: 1-10 of 2,563

1st Cir. and Former SCOTUS Justice Find Ambiguous “Arising Out Of” Requires Cosby Defense
  • Hunton Andrews Kurth LLP
  • USA
  • June 13 2018

There was nothing ambiguous in former U.S. Supreme Court Justice David Souter’s ruling in AIG Property Cas. Co. v. Cosby, No. 17-1505 (1st Cir. June 7


First Circuit Decision Underlines the Importance of Law Over Sympathetic Facts in Disability Discrimination Cases
  • Seyfarth Shaw LLP
  • USA
  • May 31 2018

Plaintiffs in disability discrimination cases often have sympathetic facts on their side. A recent decision out of the United States Court of


Inability to Work Rotating Shifts Dooms ADA Suit
  • Manatt Phelps & Phillips LLP
  • USA
  • May 16 2018

Where working rotating shifts is an essential job function, the plaintiff cannot move forward on his Americans with Disabilities (ADA) action for


First Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with Disabilities Act
  • Ford & Harrison LLP
  • USA
  • May 10 2018

Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s


Trademark Licensees in Limbo Again?
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 2 2018

After a January 2018 decision by the First Circuit Court of Appeals, trademark licensees are faced with uncertainty again. (In re Tempnology, LLC, 879


1st Circuit Issues Reminder That Courts Can Enjoin Conduct Pending Arbitration
  • Stinson Leonard Street LLP
  • USA
  • April 27 2018

One question I get frequently is whether a party can protect the status quo by seeking a court injunction, even if there is an arbitration agreement


Under New First Circuit Precedent, Deception is Not Actionable Injury under M.G.L. c. 93A, Massachusetts’ Consumer Protection Act
  • Nelson Mullins Riley & Scarborough LLP
  • USA
  • April 24 2018

In two recent cases decided by the United States Court of Appeals for the First Circuit, the Court held that consumers cannot make out claims under


First Circuit Rejects Fraudulent Transfer Attack on Lender’s Transfer of Asset Sales Proceeds
  • Schulte Roth & Zabel LLP
  • USA
  • April 24 2018

A bankruptcy trustee could not “avoid a debtor’s transfer” of encumbered asset sale proceeds when the debtor holds the funds “as a mere disbursing


First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy
  • Jones Day
  • USA
  • April 17 2018

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First


Section 365(n) of the Code: The Intersection of Bankrupty and Intellectual Property
  • Fredrikson & Byron PA
  • USA
  • April 17 2018

What can a trademark licensee do when the licensor files for chapter 11 protection? The answer, at least for now, depends on where the debtor's