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.
November 14, 2023 | Law.com
Indiana Supreme Court Asked to Take 'Cutting Edge' Approach to Third-Party Spoliation Causes of Action"Counsel, if we adopt your theory, having studied what other states are doing because it's sort of a new area—not every state has weighed in—we'd have the most liberal interpretation of third-party spoliation in the nation," Chief Justice Loretta H. Rush told plaintiffs counsel from the bench Monday.
By Allison Dunn
5 minute read
November 10, 2023 | Law.com
Judge Nixes One Patent Infringement Claim Against Amazon but Will Consider Others in Dispute Over Voice Recognition TechA federal judge in Virginia agreed to dismiss one patent infringement claim against Amazon this week, while the court will defer on the remaining allegations brought by developers who claim that the e-commerce company poached its voice recognition technology and natural language understanding to expand its Echo and Alexa products.
By Allison Dunn
5 minute read
November 09, 2023 | Law.com
Finding Geographic Distance Minimizes Consumer Confusion, Judge Sides With Defense in Trademark Infringement Dispute"Plaintiff is therefore forced to resort to an argument that Defendant's facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments to the contrary, but they are all unavailing," Young wrote.
By Allison Dunn
5 minute read
November 08, 2023 | Law.com
After Mistrial in Outback Steakhouse Slip-and-Fall Case, Plaintiff Remains Without Counsel as February Retrial Looms"In this matter, there is no new counsel for Ms. Haysbert, a pending motion of sanctions against Mr. McKelvey, a request to select a new trial date submitted by Mr. McKelvey an no explanation of good cause of why he must withdraw, and finally, no affirmation by Ms. Haybert that she no longer wishes to retain Mr. McKelvey," Outback Steakhouse's counsel, John D. McGavin of McGavin, Boyce, Bardot, Thorsen & Katz in Fairfax, Virginia, wrote in its opposition.
By Allison Dunn
4 minute read
November 02, 2023 | Law.com
Judge Rejects Health Care Recruiter's Bid to Be Dismissed From Lawsuit Over Independent Contractor's Alleged NegligenceA federal judge in West Virginia is allowing a widow's medical malpractice suit to proceed against a temporary staffing and recruiting agency for…
By Allison Dunn
4 minute read
November 02, 2023 | Law.com
A 'Security Incident' Has Kept Kansas State Courts' E-Filing System Offline for Weeks"We are treating this matter with the highest priority, but we don't yet know how soon our information systems will be back online," spokeswoman Lisa Taylor told Law.com. "Law enforcement is also aware of the security incident, and the Office of Judicial Administration will cooperate with any investigation that may result."
By Allison Dunn
3 minute read
November 01, 2023 | The Recorder
Class Action Lawsuit Filed Over Ocean Spray's 'No Preservative' LabelingThis complaint was first surfaced by Law.com Radar.
By Allison Dunn
3 minute read
October 31, 2023 | Law.com
Burns & Levinson Partner Files Age Discrimination Suit Against Firm, Firm Maintains Demotion Due to 'Poor Performance as a Practice Chair'Burns & Levinson responded to the partner's claims of age discrimination, stating, "We value the diverse perspectives, experiences, and contributions of every attorney at our firm—at every level and of every age—and we are fortunate to have so many different voices as the foundation of our ongoing success."
By Allison Dunn
6 minute read
October 27, 2023 | Law.com
'Excessive Uncertainty'?: Insurers, Commercial Policyholders Anxiously Await Ohio Indemnification Ruling in Lead Paint Case"My amici clients, who are manufacturers, are concerned about whether manufacturers will receive the tort liability insurance coverage that they paid substantial premium for and that they expected," said Sherilyn Pastor, an insurance recovery partner at McCarter & English in Newark, New Jersey, who authored the amicus brief on behalf of the Product Liability Council and the National Association of Manufacturers.
By Allison Dunn
6 minute read
October 27, 2023 | Law.com
Yelp's Failed Attempt to Block Paul Weiss From Google Antitrust Case Shows Obstacles to Big Law DQ BidsA recent ruling allowing Paul, Weiss, Rifkind, Wharton & Garrison to continue representing Google in antitrust litigation, despite not seeking a waiver from former client Yelp, shows it takes more than alleging an inherent client conflict to get a large firm kicked off a case.
By Allison Dunn
7 minute read