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  • Monthly Archives: June 2015

    Supreme Court Upholds Subsidies for Federal Exchanges under the Affordable Care Act

    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 […]

    Second Circuit Determines That Providing “Effective” Reasonable Accommodation is Sufficient to Defeat a Disability Discrimination Claim

    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

    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

    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

    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

    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

    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

    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

    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

    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 […]