In a highly anticipated decision issued by the Supreme Court in the matter of King v. Burwell, the Court upheld the issuance of tax credits under the Affordable Care Act (“ACA”) to individuals purchasing insurance from an Exchange established by the federal government. As the Court acknowledged, a contrary ruling would have effectively destroyed the […]
Cullen and Dykman LLP Blogs
Archives
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- March 2017
- February 2017
- January 2017
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- May 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
Monthly Archives: June 2015
Supreme Court Upholds Subsidies for Federal Exchanges under the Affordable Care Act
June 26, 2015 – 2:21 pm
Second Circuit Determines That Providing “Effective” Reasonable Accommodation is Sufficient to Defeat a Disability Discrimination Claim
June 25, 2015 – 12:03 pm
Throughout this year, the Second Circuit has considered many important issues. More recently, in Noll v. Int’l Bus. Machs. Corp., 13-cv-4096 (2d Cir. May 21, 2015), it addressed the extent to which, under the Americans with Disabilities Act (the “ADA”) and New York State law, an employee must be provided with the precise accommodation he […]
How the Ninth Circuit Delivered for Plaintiff
June 24, 2015 – 5:37 pm
In a significant move, the Ninth Circuit Court of Appeals (“Ninth Circuit”) reversed a grant of summary judgment in favor of Federal Express (“FedEx”), and remanded the case to the respective district court with instructions to enter summary judgment for the plaintiff drivers. This decision comes as a result of the Ninth Circuit finding that […]
With the Johnson Decision, The Supreme Court Says “Notice Pleading” Is Back And Here to Stay
June 24, 2015 – 5:12 pm
In Johnson v. City of Shelby, police officers for the city of Shelby (the “City”), brought suit against the City for violation of their Fourteenth Amendment due process rights. Specifically, they alleged that their employment was terminated “not for deficient performance, but because they brought to light criminal activities of one of the alderman.” The […]
Federal Employees’ Personal Information Compromised by Data Breach
June 24, 2015 – 5:08 pm
In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach. The data breach occurred when hackers, who allegedly have ties to the Chinese government, compromised the computer system run by OPM and stole the […]
Recent Supreme Court Decision Extends Privacy Rights
June 24, 2015 – 4:36 pm
In a sharply-divided decision, the Supreme Court strengthened privacy rights by declaring as unconstitutional a Los Angeles ordinance, the “guest-registry” law, which requires hotels and motels to keep their records open for police inspection on demand, even without a warrant. The law was intended to allow police to look for signs that a hotel was […]
Employee’s Job Up in Smoke Due to Medical Marijuana Use Outside of Work
June 23, 2015 – 4:26 pm
In a closely watched workplace lawsuit, the Colorado Supreme Court, in one of the country’s most marijuana friendly states, ruled that smoking marijuana off the job and away from work can still get an employee fired. By way of brief background, Brandon Coats was fired from Dish Network in 2010 after testing positive for marijuana […]
Evidence of Likelihood of Confusion: A Brief Overview
June 20, 2015 – 4:41 pm
When attempting to prove a trademark infringement claim the fundamental inquiry is whether the defendant’s use of its mark is “likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C.A. § 1114(1). The “likelihood of confusion” test serves as the foundation of a trademark infringement case. But how do you prove likelihood […]
The B&B Hardware Case and its Potential Impact on Trademark Litigation
June 20, 2015 – 4:37 pm
Trademark disputes can often play out in a number of forums. Trademark disputes often start off in the marketplace, with a confused consumer, and then proceed to litigation in several tribunals including the Trademark Trial and Appeal Board (“TTAB”), the federal District and Circuit courts, and sometimes foreign courts and other international tribunals. The question […]
Katy Perry Hits Roadblock in Obtaining Trademark Registration for Left Shark
June 20, 2015 – 4:31 pm
Singer Katy Perry’s attempt to register the term “Left Shark”—the name of her dancing companion during the 2015 Super Bowl Halftime Show—with the United States Patent and Trademark Office (“USPTO”) has been delayed, while her application to register the Left Shark design has been denied. Perry, through her company Killer Queen, LLC, applied to register […]