COVID-19 Suits Against Airlines Are Grounded; Law Firms Are Stockpiling Antitrust Lawyers; Nike Sues Over Fake Nikes: The Morning Minute
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October 15, 2020 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
EXPERIENCING TURBULENCE – Not all COVID-19 litigation is created equal. For example, suing over business interruption insurance coverage denials is going OK. Suing over the loss of the "college experience" is going even better. But suing airlines over cancellations? Seems like maybe that's not going to fly. As Amanda Bronstad reports, major airlines, both domestic and international, face more than two dozen class actions, most asserting breach-of-contract claims. But, in the past month, federal judges in California have dismissed cases against Norwegian Air Shuttle and Deutsche Lufthansa after concluding that the plaintiffs did get refunds—just not as soon as the seven days required by U.S. Department of Transportation notices in April and May. In addition, they concluded, the plaintiffs had not established that the airlines breached a contract—the sole exception to the Airline Deregulation Act's preemption of claims related to fares, routes and services.
IN ANTITRUST WE TRUST – Antitrust practices have weathered the economic downturn relatively well, inspiring law firms to bulk up their capabilities in that area recently. As Dylan Jackson reports, Crowell & Moring, Lowenstein Sandler and Freshfields Bruckhaus Deringer all added to their antitrust practices this week with partner hires in Washington, D.C. Crowell's chair, Philip Inglima, summed up the strategy nicely: "We're a firm that has always believed in building strength on strength," he said, adding that antitrust is "one of our busiest practices in the pandemic, and it will continue to be."
JUST SUE IT – Arnold & Porter filed a trademark lawsuit Wednesday in California Central District Court on behalf of Nike. The suit pursues claims against Warren Lotas and Warren Lotas LLC over the alleged production and sale of fake Nike Dunk sneakers. Counsel have not yet appeared for the defendants. Stay up to date on major litigation nationwide with Law.com's Legal Radar.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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