August 16, 2022 | Law.com
Lawsuit Over Customer's Off-Premises Assault Allowed to Proceed Against Convenience Store"The question of whether Mac's Convenience ultimately bears liability for the off-premises assault in this case will be answered not through the duty prong of the negligence analysis," said Levy, "but under the fact-based inquiry of whether Castonguay can demonstrate that the duty was breached and that the breach was a proximate cause of Castonguay's injuries."
By Colleen Murphy
4 minute read
August 15, 2022 | Delaware Law Weekly
3rd Circ. Clarifies When Federal Courts May Issue Injunction Under Trademark Modernization Act of 2020"Nichino contends that the TMA precluded the District Court's decision about irreparable harm," stated Matey. "But the District Court admirably navigated Congress' newly minted rebuttable presumption."
By Colleen Murphy
5 minute read
August 15, 2022 | Law.com
8th Circ. Sides With University of Minnesota in Firing of Openly Gay Athletic Department EmployeeAfter the University of Minnesota Duluth relieved Jen Banford of her duties as part-time director of operations for their Division I women's hockey team, she filed suit against the Board of Regents of the University of Minnesota alleging she was fired for being openly gay, according to the opinion.
By Colleen Murphy
5 minute read
August 15, 2022 | New Jersey Law Journal
Lawyers With 'Decades of Experience Under the Dome' Appointed to Key Roles at Office of Legislative Services"I congratulate Maureen and Gabe on their appointments," said Senate President Nick Scutari, D-Union/Middlesex/Somerset. "The work of OLS is vital to the lawmaking process and to the success of the Legislature in serving the people of New Jersey."
By Colleen Murphy
3 minute read
August 15, 2022 | New Jersey Law Journal
Rabner Calls In More Help From the Appellate Division, Temporarily Assigns 3 to High Court"A judge of the Appellate Division, the Hon. Jose L. Fuentes, is temporarily assigned to the Court to fill one of those vacancies," stated Rabner. "Jose Fuentes is scheduled to retire on September 1, 2022, which will leave the court without a quorum for the start of the 2022-2023 term."
By Colleen Murphy
3 minute read
August 15, 2022 | Law.com
Federal Judge: Evidence Lacking in Former Attorney's TCPA Lawsuit Against Power Company"To overcome Discount Power's motion for summary judgment, Worsham must therefore produce evidence sufficient for a jury to find an agency relationship between Discount Power and Hound Energy," stated Bennett. "He has failed to do so."
By Colleen Murphy
4 minute read
August 15, 2022 | Law.com
Appeals Court: Walmart's 'Black & Decker' Coffee Makers Were Deceptive, But Class Failed to Establish Damages"In essence, defendants argue that if the Lanham Act allows Applica to market the coffeemaker, the arrangement cannot constitute a violation of the UPA," a judge stated. "We disagree."
By Colleen Murphy
5 minute read
August 12, 2022 | The Legal Intelligencer
'Like Something Out of "Jerry Maguire"': 3rd Circ. Finds CAA Sports Agent Won Arbitration by Fraud"Recognizing the limited circumstances that justify vacating an arbitration award, we are satisfied that one such circumstance is present here: the award was procured by fraud," stated Jordan. "An honest process is what those who agree to arbitration have a right to expect."
By Colleen Murphy
7 minute read
August 12, 2022 | Law.com
Court Vacates $150K Sanction Against Attorney Over Scheme to Fabricate Settlement Using Fake FedEx DriverThe Colorado Court of Appeals has concluded that an arbitrator lacked the authority to personally sanction an attorney in connection with a scheme to fraudulently obtain a signature on a settlement agreement.
By Colleen Murphy
5 minute read
August 11, 2022 | New Jersey Law Journal
Policy's 'Excluded County' Clause Upheld in Coverage Dispute Over Injured Home Depot Worker"We believe that the Appellate Division's analysis relied on too narrow a reading of the exclusionary provision of the policy at issue," stated Judge Jose L. Fuentes, temporarily assigned to the Supreme Court.
By Colleen Murphy
5 minute read
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