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Criminal: Section 922(n) survives post-Bruen attack
Where a man charged with violating 18 U.S.C. § 922(n) argued the statute violated the Second Amendment, this challenge failed. The statute is consistent with three different founding-era regulatory traditions: (1) restrictions on the interstate transportation of firearms and munitions; (2) disarming persons under felony indictment and (3) barring possession of firearms by a category of persons [...]
Insurance: Companies squabble over who must defend underlying lawsuit
Where two insurance companies argued who must defend a lawsuit filed by a testing laboratory, the court resolved the dispute.
IP attorney’s exclusion from USPTO practice is affirmed
A federal court upheld the USPTO’s decision to bar attorney Jill Welytok from practice, finding multiple ethics violations and approving use of a HUD ALJ.
Sanctions: IP attorney barred from practicing before USPTO
Where the record showed the intellectual property attorney violated several Rules of Professional Conduct, the U.S. Patent and Trademark Office’s final decision to exclude her from practice before the agency was affirmed.
Civil Procedure: Prevailing plaintiffs awarded over $102,000 in costs
Where plaintiffs prevailed on their claim that a military contractor aided and abetted and conspired with military personnel to inflict torture or cruel, inhuman or degrading treatment on detainees in the Abu Ghraib hard site in Iraq, they were awarded over $102,000 in costs.
Employment: Government prevails on former employee’s myriad age claims
Where a former federal government employee asserted claims for discrimination, retaliation and a hostile work environment based on his age, but the record showed that his age played no role in the challenged decisions, some of his protected activity could not have caused the alleged retaliation while other alleged retaliation was not cognizable under the law and the work environment did not meet t[...]
Patent and Trademark: TTAB’s cancellation of Cohiba cigar mark is affirmed
Where a company moved to reverse a decision of the Trademark Trial and Appeal Board, which cancelled its typeset and stylized Cohiba marks that had been registered with the U.S. Patent and Trademark Office, the court dismissed the lawsuit. The mark enjoyed legal protection in Cuba before the plaintiff filed its registrations in the United States on Mar. 13, 1978.
Antitrust: Court finds that Google maintains online advertising monopoly
Following a three-week trial, the court found that Google has violated Section 2 of the Sherman Act by willfully acquiring and maintaining monopoly power in the open-web display publisher ad server market and the open-web display ad exchange market, and has unlawfully tied its publisher ad server and ad exchange in violation of Sections 1 and 2 of the Sherman Act.
Patent and trademark: USPTO prevails on dispute over ‘HAVANA CLUB,’ design trademark
Where Bacardi argued that the U.S. Patent and Trademark Office, or USPTO, should not have accepted renewal of the “HAVANA CLUB” and design trademark, but the Director’s decision was supported by the law, the USPTO prevailed on the claim.
Education: School district prevails on IDEA claims
Where the record supported a hearing officer’s decision that a school district did not violate the Individuals with Disabilities Education Act, the school district prevailed on the claims filed by […]
Employment: Journalist’s national origin suit is dismissed
Where a former correspondent alleged he was terminated because of his national origin, but he failed to plead facts making this claim plausible, it was dismissed. Background Steven Isaac, an […]
Employment: Ex-employee’s suit against IKEA significantly narrowed
Where a former employee filed a 12-count complaint against IKEA, the court dismissed multiple claims, including for defamation, breach of contract, conspiracy and intentional infliction of emotional distress. Background Acting […]
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
