Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.
December 31, 2024 | Law.com
'Immediately Stop Using' Pizza Puffs Term: Parties at Odds Over Judge's Injunctive Order Over Trademark"What is unclear, however, is how the filing of a notice of appeal or a motion to stay the injunction somehow absolves defendants of complying with this court's Dec. 19, 2024 order that they 'immediately stop' using PIZZA PUFFS. Indeed, it appears that defendants are continuing to use PIZZA PUFFS despite this court’s order that they stop using that term immediately," plaintiff's counsel Erin Westbrook of Saul Ewing said in a trademark dispute against Little Caesars pizza.
By Allison Dunn
4 minute read
December 31, 2024 | Law.com
Consumer Had Notice of Arbitration Agreement on Double-Sided Contract, Judge Rules"The front side of the 2022 and 2023 contracts contains a disclaimer that an arbitration provision and jury trial waiver are incorporated by reference. Thus, the arbitration provision was incorporated by reference even if plaintiff did not see it," said U.S. District Judge Max O. Cogburn Jr. of North Carolina.
By Allison Dunn
4 minute read
December 26, 2024 | Law.com
Judge Slashes $2M in Punitive Damages in Sober-Living Harassment CaseOn Thursday, Chief U.S. District Magistrate Judge Donald L. Cabell slashed the overall award of $3.8 million to $1.42 million—the amended amount consisting of $780,000 in compensatory damages and $640,000 in punitive damages—in a fair housing case.
By Allison Dunn
4 minute read
December 18, 2024 | Law.com
Contested Engineer Cleared to Testify in Defective Pistol Suit, Federal Judge RulesSig Sauer asked the Massachusetts court to follow the guidance of a 2021 decision from Texas federal court, which held that the contested expert did not offer a "generalized acceptance of his theory," of uncommanded firings—meaning firing without pulling the trigger—because he didn't perform functional tests.
By Allison Dunn
4 minute read
December 12, 2024 | Law.com
Insurers Dodge Sherwin-Williams' Claim for $102M Lead Paint Abatement Payment, State High Court RulesThis week, the Ohio Supreme Court unanimously agreed that the abatement fund payment did not constitute "damages" under Sherwin-Williams' insurance contracts.
By Allison Dunn
5 minute read
December 10, 2024 | Law.com
Baker Botts' Biopharma Client Sues Former In-House Attorney, Others Alleging Extortion Scheme"They look forward to vigorously litigating these matters in a public forum in the coming weeks and months," said Evan Gotlob, a partner at Lucosky Brookman in New Jersey, denying allegations of wrongdoing against the defendants.
By Allison Dunn
5 minute read
December 05, 2024 | Law.com
State Court Considers If Physician Can Be Held Liable for Lack of Tests, Treatment"We said that was a continuing stream of treatment and, therefore, the statute of repose applied. But here, we don't have that. We don't have a continuous stream of treatment, we have a lack of treatment. We have plenty of visits in which the doctor doesn't perform the initial test, and I think that's the crux of the theory of negligence," Massachusetts Associate Justice Gabrielle R. Wolohojian said during oral arguments before the state high court.
By Allison Dunn
4 minute read
December 03, 2024 | Law.com
Ethics Charges Filed Against Judge Accused of Helping Defendant Escape ICE DetentionAfter federal felony charges against Newton District Judge Shelley M. Richmond Joseph were dismissed, she referred herself to the Massachusetts Commission on Judicial Conduct, where she now faces formal ethics charges.
By Allison Dunn
5 minute read
December 02, 2024 | Law.com
'That Decision was Wrong:' Federal Judge Rethinks Consumer Protection Class Certification"Applying Chapter 93A broadly to a nationwide class would undermine these principles and impair the regulatory authority of states outside Massachusetts," U.S. District Judge William Young said, altering his decision to grant class certification in a consumer protection case against Saba University School of Medicine.
By Allison Dunn
5 minute read
November 27, 2024 | Law.com
Jones Day Client Seeks Indemnification for $7.2M Privacy Settlement, Plus Defense Costs"CNA only agreed to pay claim expenses incurred on or after April 23, 2024. However, all of the claim expenses were incurred in connection with the civil action, as DOJ was, at all relevant times, investigating the allegations contained in the sealed qui tam complaint," Mark Rotatori, a partner at Jones Day, wrote on behalf of the plaintiff seeking indemnification.
By Allison Dunn
4 minute read
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