By Riley Brennan | August 21, 2024
Upon obtaining approval from the Food and Drug Administration, the plaintiffs claim the defendants "unilaterally cancelled plaintiffs' manufacturing and distribution rights, and unfairly demanded that plaintiffs agree to new, less favorable terms, or else defendants would choose a new manufacturer and cut plaintiffs out entirely. When plaintiffs refused to capitulate to defendants' deceptive scheme, defendants made good on their threats by deserting the deal and ignoring plaintiffs' demands for just compensation," according to the complaint.
By Stephen Masciocchi and Tina Van Bockern | August 21, 2024
In a case presenting "a question about the nature and extent to which a federal court may act to resolve a dispute related to a marijuana business that operates legally under state law," a divided panel of the U.S. Court of Appeals for the Tenth Circuit vigorously debated public policy concerns—namely, whether a federal court can enforce a judgment arising from a contract that is illegal under federal law.
By Lisa Willis | August 20, 2024
"It didn't just occur to them in some epiphany that this was a nice family until after the public became horrified by their initial strategy," said one attorney who was not connected to the Disney litigation.
By Riley Brennan | August 19, 2024
"Mere inability to use a room thus does not amount to direct physical loss of the room. Moreover, the policy expressly excludes '[l]oss or damage arising from … loss of use.' This exclusion straightforwardly applies to bar the loss of use claim asserted by AMAG here," wrote U.S. District Judge Myong J. Joun of the District of Massachusetts.
By Riley Brennan | August 19, 2024
Abbott has also put forth evidence of Revitalyte retweeting comments referring to Revitalyte as 'the adult version of Pedialyte,' 'like Pedialyte but for adults,' 'barstool sports Pedialyte,' 'barstool sports brand Pedialyte,' 'barstool sports branded Pedialyte,' and 'Barstool Pedialyte.' These comments also provide examples of actual consumer confusion," said U.S. District Judge Donovan W. Frank for the District of Minnesota.
New York Law Journal | Commentary
By Zachary D. Tripp and Jacob R. Altik | August 19, 2024
The U.S. Supreme Court's past term was a blockbuster for administrative law: Among other things, the Supreme Court overruled Chevron and made it easier to challenge old regulations. So what now?
New York Law Journal | Commentary
By Michael V. Caruso and Lauren M. Lynam | August 19, 2024
This law has been coined the "nation's strongest environmental justice law." It also marks a significant step in ensuring that environmental burdens are more equitably distributed and that historically marginalized areas are not further compromised by industrial activities and development.
New York Law Journal | Commentary
By Alan D. Scheinkman | August 19, 2024
In more recent years, led by the appellate courts, the use of mediation during appeal has become more widespread and increasingly successful.
New York Law Journal | Commentary
By Adrienne B. Koch | August 19, 2024
Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
New York Law Journal | Commentary
By Owen R. Wolfe and Eddy Salcedo | August 19, 2024
CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
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