0 results for 'Norton Rose Fulbright'
Utica Mutual Insurance Company v. Abeille General Insurance Company
Handdown List released on:February 14, 2024
Safe Harbor Provision Shields Certificate and DTC Transfers, But Not Payroll Transfers
Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.
Rather than employ the hypothetical monopolist test analysis for determining product market under Section 7 of the Clayton Act, the Third Circuit affirmed the District Court's analysis using the actual market for refined sugar as the product market definition.
Court stayed action under comity where another jurisdiction determined to proceed with parallel action despite that case being second-filed since that action had connections to the jurisdiction, and staying the present action would avoid duplicative litigation or inconsistent results.
Despite Venezuela's opposition leader being recognized by the U.S. as the legitimate leader of the Venezuelan government, the continued exercise of extensive control by the opposition leader and his rival over Venezuela's national oil company meant the company continued as the alter ego of Venezuela and its assets remained subject to attachment to satisfy Venezuela's judgment debts.
Appeals & Motions List released on:June 9 & 13, 2023
Appeals & Motions List released on:November 1, 2022
Court denied a request by plaintiff to enjoin an acquisition of a sugar company the Government argued would result in a monopoly of the sugar market in the southeastern United States. The court reviewed evidence from trial noting that the markets for industrial consumers were different from retail consumers, thus broadening the base and the market. The court further found that plaintiff's argument was undermined by the fact that they control the sugar supply within the United States.
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