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6 May 2024, 9:00 pm
Second, although in theory MDL cases return to their home districts for trial, many MDL cases end, either through global settlement, a dispositive pretrial motion, or other maneuvers around Lexecon Inc. v. [read post]
2 May 2024, 9:01 pm
Akorn Inc., et al.1 mapped out one means by which a court may evaluate mootness fees paid to individual shareholders after the voluntary dismissal of an action challenging a public company merger. [read post]
21 Apr 2024, 2:35 pm
Hustler Mag., Inc., 465 U.S. 770, 774 (1984)). [read post]
18 Apr 2024, 9:24 am
(Frontline)… Massachusetts Bay Insurance Company v. [read post]
15 Apr 2024, 4:37 am
The Corporation Consumers Beverages, Inc. [read post]
9 Apr 2024, 7:03 am
By Thomas A. [read post]
27 Mar 2024, 5:53 am
FROM INDICTMENT TO DISPOSITIVE MOTIONS 1. [read post]
26 Mar 2024, 2:38 am
Following the decision of the House of Lords, in Macmillan Inc v. [read post]
18 Mar 2024, 6:00 am
” 9 In assessing economic dependence, both the DOL and the courts have historically applied a multi-factor totality of circumstances test, in which no one factor is dispositive. 10 The factors—which somewhat vary among the circuits—generally include the opportunity for profit and loss, investment, permanency, control, whether the work is an integral part of the hiring party’s business, and skill and initiative. 11 In January 2021, the DOL—for the first… [read post]
4 Mar 2024, 5:56 pm
ICON Health &Fitness, Inc., 572 U.S. 545, 553 (2014), and the text of the CTA is wide-ranging inscope. [read post]
Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?
4 Mar 2024, 9:45 am
Auld Company v. [read post]
3 Mar 2024, 9:01 pm
On February 20, the Delaware Court of Chancery refused to enjoin the conversion of a Delaware corporation, TripAdvisor, Inc. [read post]
21 Feb 2024, 12:15 am
Last April, I wrote about a lawsuit challenging the redomestications of TripAdvisor, Inc. and Liberty TripAdvisor Holdings, Inc. [read post]
20 Feb 2024, 4:56 pm
In Acqis Technology, Inc. v. [read post]
8 Feb 2024, 9:51 am
In Weber, Inc. v. [read post]
30 Jan 2024, 9:50 am
Grace & Company, Inc., Alvin H. [read post]
29 Jan 2024, 4:46 am
The Appellate Division – First Department later affirmed Justice Fried’s Barasch decision, but on other grounds, ruling that the entity was “estopped” from denying the transaction was an “all or substantially all” transaction because it sent a notice of shareholders meeting stating that it was exactly that: a “disposition of substantially all of the assets” of the company (100 AD3d 562 [1st Dept 2012]). [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
25 Jan 2024, 2:51 pm
The article’s authors are Marisa DeMartini, Vice President, Management Claims Liability Manager, Ascot Insurance Company, James Talbert, Associate, Bailey Cavalieri LLC and Elan Kandel, Member, Bailey Cavalieri LLC. [read post]
24 Jan 2024, 10:14 am
Case citation: JLM Couture, Inc. v. [read post]