#court-decisions

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Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently 'Fixed' for Copyright; Second Circuit Affirms DMCA Safe Harbor Win for Vimeo

The legal landscape around copyright and patents is evolving, driven by court decisions and regulatory actions.
#employment-law

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

The Mahram v. The Kroger Co. ruling clarifies that arbitration agreements do not automatically extend to third parties unless specified.

CDF Labor Law LLP

California Supreme Court rules against voiding arbitration agreements solely due to unconscionable terms; rather, they should be assessed and, if possible, severed.

NLRB GC Memo Calls For Aggressive Retroactive Make-Whole Remedies Against Employers

Non-compete agreements violate worker rights under NLRA, according to NLRB's new directives.
General Counsel advocates for broad remedies for employees affected by non-compete agreements.

Employer Strikes Gold: California Court of Appeals Reverses Dismissal of Mining Company's Arbitration Agreement

The Court of Appeal upheld the enforceability of an arbitration agreement despite an employee handbook's conflicting provisions.

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

The Mahram v. The Kroger Co. ruling clarifies that arbitration agreements do not automatically extend to third parties unless specified.

CDF Labor Law LLP

California Supreme Court rules against voiding arbitration agreements solely due to unconscionable terms; rather, they should be assessed and, if possible, severed.

NLRB GC Memo Calls For Aggressive Retroactive Make-Whole Remedies Against Employers

Non-compete agreements violate worker rights under NLRA, according to NLRB's new directives.
General Counsel advocates for broad remedies for employees affected by non-compete agreements.

Employer Strikes Gold: California Court of Appeals Reverses Dismissal of Mining Company's Arbitration Agreement

The Court of Appeal upheld the enforceability of an arbitration agreement despite an employee handbook's conflicting provisions.
moreemployment-law
#employee-rights

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

Recent California Supreme Court ruling favors employees in arbitration disputes, especially when employers delay enforcing agreements.

Think Beating a Settlement Offer Protects You? California's Surprising Ruling Says Otherwise In Wage And Hour Context

California employers cannot recover lawsuit costs from prevailing employees in wage claims, even after beating section 998 offers.

Former Draftkings' Employee Loses Bet On California's No Non-Compete Law

The case illustrates the complexities of non-compete enforceability across state lines, particularly between Massachusetts and California.

CDF Labor Law LLP

A PAGA plaintiff must include an individual claim to avoid arbitration.
The California appellate court clarified the limits of PAGA actions in arbitration contexts.
Leeper v. Shipt sets a precedent ending the 'headless' PAGA claims.

No Showing of Prejudice Required to Argue Waiver of Right to Arbitration

Recent California Supreme Court ruling favors employees in arbitration disputes, especially when employers delay enforcing agreements.

Think Beating a Settlement Offer Protects You? California's Surprising Ruling Says Otherwise In Wage And Hour Context

California employers cannot recover lawsuit costs from prevailing employees in wage claims, even after beating section 998 offers.

Former Draftkings' Employee Loses Bet On California's No Non-Compete Law

The case illustrates the complexities of non-compete enforceability across state lines, particularly between Massachusetts and California.

CDF Labor Law LLP

A PAGA plaintiff must include an individual claim to avoid arbitration.
The California appellate court clarified the limits of PAGA actions in arbitration contexts.
Leeper v. Shipt sets a precedent ending the 'headless' PAGA claims.
moreemployee-rights
#intellectual-property

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

Key U.S. FRAND / RAND Licensing Developments of 2024: CAFC and UK High Court Input; Post-Election Prospects

The U.S. legal landscape is altering with respect to patent enforcement and FRAND commitments, indicating a potential shift in government policy.

The Briefing: Punchbowl News' Trademark Win Despite Rogers Setback

Punchbowl News won its trademark lawsuit against Punch Bowl Inc., marking a significant victory for brand protection.

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

Key U.S. FRAND / RAND Licensing Developments of 2024: CAFC and UK High Court Input; Post-Election Prospects

The U.S. legal landscape is altering with respect to patent enforcement and FRAND commitments, indicating a potential shift in government policy.

The Briefing: Punchbowl News' Trademark Win Despite Rogers Setback

Punchbowl News won its trademark lawsuit against Punch Bowl Inc., marking a significant victory for brand protection.
moreintellectual-property

NLRB Reinstates Prior "Clear and Unmistakable" Standard For Waivers of Statutory Right to Bargain

The NLRB's Endurance decision reinstates a previous bargaining standard, favoring collective bargaining over unilateral employer changes to working conditions.

What If Free Speech Means Banning TikTok?

The federal court is reevaluating the balance between national security and First Amendment protections in the context of social media.
#patent-law

Other Barks & Bites for Friday, September 20: Biden Administration Announces $3 Billion Advanced Battery Investment; Fifth Circuit Affirms Fair Use Ruling on Dog Art Kits; and California Passes State Bills on Digital Replica Rights

Federal Circuit's ruling emphasizes adherence to statutory presumption of patent validity.
California joins several states in protecting against unauthorized digital replicas of individuals.

A Court's Inherent Authority is Not to Be a Broad Reservoir of Power

PSP's case was dismissed, leading to sanctions for filing a frivolous lawsuit under the district court's inherent authority.

Other Barks & Bites for Friday, September 20: Biden Administration Announces $3 Billion Advanced Battery Investment; Fifth Circuit Affirms Fair Use Ruling on Dog Art Kits; and California Passes State Bills on Digital Replica Rights

Federal Circuit's ruling emphasizes adherence to statutory presumption of patent validity.
California joins several states in protecting against unauthorized digital replicas of individuals.

A Court's Inherent Authority is Not to Be a Broad Reservoir of Power

PSP's case was dismissed, leading to sanctions for filing a frivolous lawsuit under the district court's inherent authority.
morepatent-law

Delays Often Benefit Courts

Delays in judicial decisions, while frustrating, can sometimes lead to beneficial outcomes by conserving resources and allowing parties to resolve disputes.

What we know as 28,000 Northern Rail fare evasion prosecutions thrown out

Northern Rail prosecution convictions for rail evasion have been overturned due to unlawful practices, affecting tens of thousands of passengers.

Microsoft Unable to Launch Xbox Store on Android Due to Court Order Stay

Microsoft's plans for an Xbox mobile storefront are delayed due to a court's stay on the Play Store overhaul.

Judges Don't Always Act As A Rubber Stamp

Judges exercise discretion in granting requests, regardless of lack of opposition, emphasizing the need for a thorough understanding of legal procedures.

Halloween House Of Horrors Channels Supreme Court

Halloween costumes reflect anxieties over regulatory decisions in environmental law, especially the implications of Chevron deference.

Residents vow to fight back after 'Pillowcase Rapist' is ordered released in their community

Local activists are fighting against the court-ordered placement of sexual predators in their community.
The community remains engaged in advocacy efforts to oppose similar future cases.

E.U. top court rules Apple, Google owe billions in back taxes and fines

The EU Court has ruled against Apple for unpaid taxes, marking a significant regulatory victory for the European Union.
Google's antitrust fine reinforcement solidifies the EU's commitment to regulating technology giants effectively.

Employers Score Another Win Against FTC, But Noncompete Ban Looms

Employers won limited injunctions against FTC enforcement on non-compete agreements, with broader implications pending after the Ryan court decision.

Germany Grapples With Difficult Decision' in Prisoner Swap

Germany released a convicted Russian killer in a controversial prison exchange with Russia, causing emotional distress to the victim's family and raising concerns about political implications.
#wage--hour-issues

Supreme Court Overturns Chevron Deference, Shifts Authority to Courts to Review Federal Agency Rules and Regulations

SCOTUS overruled Chevron v. Natural Resources Defense Council, giving courts greater authority to review federal agency rulemaking.

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

The California Supreme Court upheld Proposition 22, allowing gig economy businesses to classify drivers as independent contractors.

Supreme Court Overturns Chevron Deference, Shifts Authority to Courts to Review Federal Agency Rules and Regulations

SCOTUS overruled Chevron v. Natural Resources Defense Council, giving courts greater authority to review federal agency rulemaking.

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

The California Supreme Court upheld Proposition 22, allowing gig economy businesses to classify drivers as independent contractors.
morewage--hour-issues

Trump's strategy to delay cases before the election is working

Two major legal victories for Trump delay criminal trials until after 2024 election.

Court Rules Accommodating Religious Request is Undue Hardship

Diversity in the workplace can lead to challenges in accommodating religious beliefs, as seen in the Kluge v. Brownsburg case.

Tsunami of CIPA Class Actions Storming California Businesses

California businesses facing class action complaints under CIPA for website privacy violations.
Lawsuits evolving to claim violations under Penal Code Section 631.51 for tracking technologies like cookies and pixels.

Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber

Ninth Circuit rules on non-arbitrable PAGA claims
Arbitration rulings' preclusive effect on larger PAGA claim

How Appealing Weekly Roundup

Weekly roundup of appellate litigation news from How Appealing blog.
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