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Searching Content indexed under Trials & Appeals & Compensation by Proskauer Rose LLP ordered by Published Date Descending.
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1
Recent Rulings Highlight Limits Of CDA Immunity In Products Liability Cases Against E-Commerce Platforms
In early July, an appeals court ruled that Amazon should be considered a "seller" of goods under Pennsylvania products liability law and subject to strict liability
United States
19 Aug 2019
2
District Court Denies Motion To Dismiss Mental Health Parity Act Putative Class Action
In the latest volley between participants and group health plans over mental health services coverage, a federal district court in California denied United Healthcare's motion to dismiss a putative class action ...
United States
15 Aug 2019
3
Finding Article III Standing, Ninth Circuit Declines To Do An About-Face In Illinois Biometric Privacy Class Action Against Facebook
In an important opinion, the Ninth Circuit affirmed a lower court's ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that the class was properly certified.
United States
13 Aug 2019
4
Federal Court Dismisses Arizona School District's Appeal To End Desegregation Order
Last week, the Court of Appeals for the Ninth Circuit granted a request by Proskauer and our co-counsel, the Mexican American Legal Defense and Educational Fund (MALDEF) to block efforts
United States
12 Aug 2019
5
Tenth Circuit Upholds Denial Of Residential Mental Health Treatment
The Tenth Circuit upheld a claims administrator's decision denying a claim for residential mental health treatment as not medically necessary.
United States
8 Aug 2019
6
Court Lets Trader Joe's Out Of Sticky Situation Over Honey Advertising
A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe's misled its consumers about the purity of its manuka honey.
United States
2 Aug 2019
7
New Jersey Expands Medical Marijuana Protections
CUMMA, which was signed into law on January 18th, 2010, legalized the use of medical marijuana for New Jersey residents suffering from a debilitating medical condition.
United States
1 Aug 2019
8
Whistleblower Challenges Delayed Bounty Award
In a petition for a writ of mandamus filed on April 29, 2019 with the U.S. Court of Appeals for the D.C. Circuit, an unidentified whistleblower who claims to have tipped the SEC to alleged violations
United States
31 Jul 2019
9
Ticketmaster Reaches Settlement With Ticket Broker Over Unauthorized Use Of Automated Bots
In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk,
United States
30 Jul 2019
10
New York Court Finds Warhol Series To Be Fair Use Of Prince Photograph
Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (S.D.N.Y. July 1, 2019),
United States
30 Jul 2019
11
Web Scraping Decisions Consider Contract Cause Of Action
Two recent web scraping disputes highlight some important issues regarding whether a website owner may successfully allege a breach of contract action
United States
18 Jul 2019
12
UK Supreme Court Examines Restrictive Covenants First Time In 100 Years: A New Test For Severance
In the case of Tillman v Egon Zehnder [2019] UKSC 32, the UK Supreme Court, for the first time in over 100 years, has examined the law of post-termination restrictive covenants
UK
17 Jul 2019
13
Attacking Class Certification On A Motion To Dismiss? A Recent Decision Says There Is A Way
Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case.
United States
11 Jul 2019
14
UK Tax Round Up - June 2019
In Development Securities plc and others v HMRC, the Upper Tribunal (UT) has overturned the prior discussion of the First-tier Tribunal (FTT) in favour of the taxpayer.
UK
10 Jul 2019
15
State Liquor Law Tossed: Industry Changes Ahead
In a decision with major implications for fans of wine, liquor, or free trade, the Supreme Court has affirmed a ruling that struck down a Tennessee law, which imposed certain residency requirements to operate retail...
United States
8 Jul 2019
16
For The First Circuit, Transaction Costs In Structured Settlements Are Not Fraud
Liability insurers charge premiums in exchange for an agreement to cover certain claims against their policyholders.
United States
8 Jul 2019
17
Browsewrap Terms Enforced Due To Customer Knowledge Of Existence Of Terms
Last month, a California district court granted a web-based service's motion to compel arbitration of a putative class action brought by a user whose personal information
United States
3 Jul 2019
18
The Tor Browser Afforded CDA Immunity For Dark Web Transactions
The District of Utah ruled in late May that Section 230 of the Communications Decency Act, 47 U.S.C. §230 ("CDA") shields The Tor Project, Inc. ("Tor"),
United States
1 Jul 2019
19
How Do Individualized Issues Impact A Class Action Settlement?
The Ninth Circuit went a long way towards answering that question in an en banc decision last week.
United States
24 Jun 2019
20
On The Mark: Understanding The Supreme Court's Latest Decision Regarding The Treatment Of Trademark Licenses In Chapter 11
In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee's right to use the debtor's trademark. This decision has important ramifications to parties to trademark licenses.
United States
24 Jun 2019
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