an Changzhou Trina Solar Energy Co., Ltd. v. US International Trade Commission By feeds.findlaw.com Published On :: 2018-01-22T08:00:00+00:00 (United States Federal Circuit) - Affirming the US Court of International Trade's decision sustaining the International Trade Commission's finding that Chinese imports of crystalline silicon photovoltaic cells and modules were being dumped on the US market, damaging domestic industry, because these determinations were supported by substantial evidence on the record. Full Article Commercial Law Tax Law International Trade International Law
an Glycine and More, Inc. v. US By feeds.findlaw.com Published On :: 2018-01-23T08:00:00+00:00 (United States Federal Circuit) - Affirming decisions by the Court of International Trade affirming a decision by the US Department of Commerce extending the deadline for the plaintiff to withdraw a request for an administrative review of an antidumping order. Full Article International Trade Civil Procedure Administrative Law
an BAE Systems Technology Solution and Services, Inc. v. Republic of Korea's Defense Acquisition Program Administration By feeds.findlaw.com Published On :: 2018-03-06T08:00:00+00:00 (United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes. Full Article Civil Procedure International Trade International Law Contracts
an Quanta Computer Inc. v. Japan Communications Inc. By feeds.findlaw.com Published On :: 2018-03-16T08:00:00+00:00 (California Court of Appeal) - Affirming that the trial court did not abuse its discretion in dismissing a suit between Taiwanese and Japanese companies whose contract had nothing at all to do with California, but still named it as the forum for the resolution of disputes, because it was not an abuse of discretion when the court determined that suitable alternative forums exist and California had no interest in the suit. Full Article Civil Procedure International Trade Contracts
an GRK Canada, LTD. v. US By feeds.findlaw.com Published On :: 2018-03-20T08:00:00+00:00 (United States Federal Circuit) - Affirming the final judgment of the US Court of International Trade granting a Canadian company's motion for summary judgment in a suit where they argued that the screws they were importing to the US were properly classified as self-tapping screws under the Harmonized Tariff Schedule of the United States. Full Article International Trade Tax Law Administrative Law
an Bell Supply Company, LLC v. US By feeds.findlaw.com Published On :: 2018-04-25T08:00:00+00:00 (United States Federal Circuit) - Vacating a decision by the US Court of International Trade affirming a US Department of Commerce determination that certain imported oil country tubular goods (OCTG) fabricated as unfinished OCTG in China and finished in other countries were not subject to anti-dumping and countervailing duty orders covering OCTG imported from China because the Trade Court improperly proscribed the use of the substantial transformation analysis to determine the country of origin. Full Article International Trade Antitrust & Trade Regulation Administrative Law
an Liberty Woods International, Inc. v. Motor Vessel Ocean Quartz By feeds.findlaw.com Published On :: 2018-05-04T08:00:00+00:00 (United States Third Circuit) - Affirming the dismissal of an in rem suit filed against a ship for cargo damage sustained in transit because liability for the damage was covered by the carrier's bill of lading, which included a forum selection clause requiring suit be brought in South Korea because although South Korean courts would not allow an in rem suit, the plaintiff could have brought an in personam suit and chose not to do so for strategic reasons and the foreign forum selection clause did not violate the Carriage of Goods by Sea Act. Full Article Admiralty International Trade Injury & Tort Law
an Meridian Products, LLC v. US By feeds.findlaw.com Published On :: 2018-05-22T08:00:00+00:00 (United States Federal Circuit) - Reversing and remanding a decision by the US Court of International Trade affirming a remand determination of the US Department of Commerce regarding the import of extruded aluminum door handles for kitchen appliances packaged for importation with plastic end caps and screws as being within the scope of relevant antidumping and countervailing duties orders where, on appeal, the Court of International Trade concluded that Commerce's scope ruling was unreasonable and unsupported by substantial evidence that resulted in a Commerce determination, under protest, that the subject products were not included within the scope of the relevant orders. Full Article Administrative Law International Trade
an Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. Ltd. By feeds.findlaw.com Published On :: 2018-06-01T08:00:00+00:00 (California Court of Appeal) - Reversing an arbitration proceeding default award for hundreds of millions of dollars against a Chinese company that did not appear after service by mail in a Los Angeles action brought by an American investment partnership complaining of a breach of contract because the Hague Service Convention does not permit Chinese citizens to be served by mail, nor does it permit parties to set their own terms of service by contract. Full Article International Law International Trade Civil Procedure Dispute Resolution & Arbitration Contracts
an Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. By feeds.findlaw.com Published On :: 2018-06-14T08:00:00+00:00 (United States Supreme Court) - Vacating and remanding the Second Circuit's support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People's Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government's statements. No law or regulation had been cited and a foreign nation's laws must be proven as facts. Full Article International Law International Trade Commercial Law
an US v. Ancient Coin Collectors Guild By feeds.findlaw.com Published On :: 2018-08-07T08:00:00+00:00 (United States Fourth Circuit) - Affirmed a judgment ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins. A numismatist organization that opposed import restrictions on ancient coins argued that the forfeiture order imposed in connection with international rules on ownership of cultural property was improper. However, the Fourth Circuit rejected each of the organization's contentions of error. Full Article Asset Forfeiture International Law International Trade
an Pangang Group Co., LTD v. USDC CA By feeds.findlaw.com Published On :: 2018-08-22T08:00:00+00:00 (United States Ninth Circuit) - Denied a petition for writ of mandamus. Plaintiffs, Chinese government controlled companies, sought a writ to vacate the district court’s order denying their motion to quash service of criminal summonses. The Ninth Circuit reasoned that plaintiffs had actual notice of the summonses and that there was no error on the part of the district court. Full Article International Trade Criminal Law & Procedure
an InfoSpan, Inc. v. Emirates NBD Bank PJSC By feeds.findlaw.com Published On :: 2018-09-07T08:00:00+00:00 (United States Ninth Circuit) - Held that there was no basis for personal jurisdiction over a United Arab Emirates bank in a commercial dispute with a technology firm. The firm argued that the bank had waived its personal-jurisdiction defense through its litigation conduct. Disagreeing, the Ninth Circuit reversed and remanded with directions to dismiss the case because the bank lacked sufficient minimum contacts with the U.S. Full Article Commercial Law International Trade Civil Procedure
an Ivory Education Institute v. Department of Fish and Wildlife By feeds.findlaw.com Published On :: 2018-11-01T08:00:00+00:00 (California Court of Appeal) - Upheld the constitutionality of a recently enacted California statute that effectively bans the importation and sale of ivory and rhinoceros horn. Affirmed judgment on the pleadings against the Ivory Education Institute's lawsuit, which contended that the statute is unconstitutionally vague on its face. Full Article International Trade Constitutional Law
an GATEWAY INC. v. COMPANION PRODS. By feeds.findlaw.com Published On :: 2004-09-13T08:00:00+00:00 (United States Eighth Circuit) - Defendant's product infringed plaintiff-Gateway's black and white cow and spots trademark where the spots have acquired distinctiveness through secondary meaning, is not functional, and is entitled to protection. Full Article Intellectual Property Trade Dress Trademark
an TUMBLEBUS INC. v. CRANMER By feeds.findlaw.com Published On :: 2005-01-13T08:00:00+00:00 (United States Sixth Circuit) - A preliminary injunction issued against defendant, restricting her use of a mark's trade dress during the pendency of an underlying infringement action, is reversed where the district court failed to make any findings on the record as to why plaintiff's mark was distinctive. Full Article Intellectual Property Remedies Trade Dress Trademark
an Shelby v. Superformance Int'l, Inc. By feeds.findlaw.com Published On :: 2006-01-18T08:00:00+00:00 (United States First Circuit) - Appeal from a partial summary judgment grant for defendant is dismissed in a trademark and trade-dress case involving a car manufacturer and the manufacturer of replica vehicles where plaintiff's appeal was moot. Full Article Civil Procedure Intellectual Property Trade Dress Trademark Transportation
an Gen. Motors Corp. v. Lanard Toys, Inc. By feeds.findlaw.com Published On :: 2006-10-25T08:00:00+00:00 (United States Sixth Circuit) - In a trademark and trade dress infringement suit filed against a toy company by GMC involving a series of toy vehicles resembling GMC's Hummer, summary judgment for GMC is affirmed where: 1) despite the district court's failure to adequately discuss the Frisch factors, summary judgment was appropriate on the trademark infringement claim due to the weight of the factors in favor of a finding a likelihood of confusion; 2) GMC established that there were no material issues of fact as to any of the three elements of trade dress infringement; and 3) denial of summary judgment on laches and estoppel defenses was proper. Full Article Civil Procedure Intellectual Property Trade Dress Trademark
an Hansen Beverage Co. v. Nat'l Beverage Corp. By feeds.findlaw.com Published On :: 2007-06-29T08:00:00+00:00 (United States Ninth Circuit) - Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy drinks with defendant's line of "Freek" energy drinks is reversed where the district court abused its discretion in determining that plaintiff was likely to succeed on the merits, as a finding of a likelihood of confusion was clearly erroneous. Full Article Civil Procedure Intellectual Property Trade Dress Trademark
an General Motors Corp. v. Urban Gorilla, LLC By feeds.findlaw.com Published On :: 2007-09-13T08:00:00+00:00 (United States Tenth Circuit) - In trademark dispute over steel "body kits" designed to make a truck look like a military-style vehicle, denial of plaintiff GM's motion for preliminary injunction is affirmed where the district court did not abuse its discretion in finding that GM failed to make a strong showing of a likelihood of success on the merits that the "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles. Full Article Intellectual Property Trade Dress Trademark Transportation
an McNeil Nutritionals, Inc. v. Heartland Sweeteners, LLC By feeds.findlaw.com Published On :: 2007-12-26T08:00:00+00:00 (United States Third Circuit) - In a trade dress infringement action brought by the marketer of the artificial sweetener Splenda against defendants, who package and distribute sucralose as store brands to a number of retail grocery chains, alleging their product packaging is confusingly similar to Splenda's, denial of plaintiff's motion for a preliminary injunction is affirmed in part, but reversed in part as to certain boxes and bags where plaintiff demonstrated a likelihood of success on the merits with respect to the third element of trade dress infringement, as there was a likelihood of confusion between those products' trade dresses and the analogous Splenda trade dress. Full Article Intellectual Property Trade Dress
an UT Lighthouse Ministry v. Found. for Apologetic Info. and Research By feeds.findlaw.com Published On :: 2008-05-29T08:00:00+00:00 (United States Tenth Circuit) - In an action claiming trademark infringement, unfair competition, and cybersquatting, summary judgment for defendant is affirmed where: 1) trademark infringement and unfair competition claims failed as plaintiff did not show that "Utah Lighthouse" was protectable, that defendant's use was in connection with any goods or services, and that defendant was likely to cause confusion among consumers as to the source of goods sold on its online bookstore; 2) defendant lacked a bad faith intent to profit from the use of plaintiff's trademark in several domain names under the Anti-Cybersquatting Protection Act (ACPA); and 3) defendant's website met safe harbor conditions of the ACPA since it was a parody. Full Article Commercial Law Cyberspace Law Intellectual Property Trade Dress Trademark
an Santa's Best Craft, LLC. v. St. Paul Fire & Marine Ins. Co. By feeds.findlaw.com Published On :: 2010-07-01T08:00:00+00:00 (United States Seventh Circuit) - In plaintiff's suit against its insurer, arising from an underlying suit against the plaintiff over its marketing of Christmas lights for copying packaging design and for using false and deceptive language, district court's judgment is affirmed where: 1) the insurer had, but did not breach, a duty to defend; 2) the district court properly declined to require the insurer to reimburse plaintiff's contract indemnitee's expenses; but 3) the case is remanded to resolve whether the insurer owes prejudgment interest on litigation expenses and reimbursement for the settlement expenses in the underlying suit. Full Article Contracts False Advertising Insurance Law Intellectual Property Trade Dress Trademark Remedies
an Erbe Elektromedizin GmbH v. Canady Tech. LLC By feeds.findlaw.com Published On :: 2010-12-09T08:00:00+00:00 (United States Federal Circuit) - In a patent infringement suit involving three competitor companies that create argon gas-enhanced electrosurgical products for electrosurgery, judgment of the district court is affirmed where: 1) because the district court's construction of "low flow rate" is correct, and because there is no evidence that the accused probes infringe the asserted claims in the '745 patent, the district court's judgment of non-infringement is affirmed; 2) district court correctly granted summary judgment against plaintiff as to its trademark and trade dress claims based on the court's determination that the color blue is functional and has not acquired the requisite secondary meaning; 3) the district court properly granted summary judgment on defendant's antitrust counterclaims in favor of the plaintiffs as the "Sham litigation" exception to the Noerr-Pennington doctrine is not warranted in this case because the record demonstrates that plaintiff had probable cause to bring this patent enforcement litigation, and defendant failed to meet its burden of seeking discovery on its antitrust claims and failed to establish some genuine issue of material fact as to the other predatory acts is argues the district court ignored Full Article Antitrust & Trade Regulation Civil Procedure Intellectual Property Patent Trade Dress Trademark
an Evans v. Building Materials Corp. of Am. By feeds.findlaw.com Published On :: 2017-06-05T08:00:00+00:00 (United States Federal Circuit) - In a complaint alleging design-patent infringement under federal law as well as trade-dress infringement and unfair competition under federal and state law, the district court's denial of defendant's motion to stay the action pending arbitration based on the parties' agreement's arbitration provision, is affirmed where defendant's assertion that the arbitration provision covers the claims stated in the complaint is 'wholly groundless,' a standard that defendant accepts as applicable in this case. Full Article Patent Trade Dress Intellectual Property Contracts
an High Point Design, LLC v. LM Insurance Corp. By feeds.findlaw.com Published On :: 2018-12-19T08:00:00+00:00 (United States Second Circuit) - Affirmed that insurance companies had a duty to provide a defense to a footwear wholesaler that was being sued in an intellectual property case for offering for sale certain infringing slippers. The insurance policy covered advertising injuries, and advertising included offering for sale. Full Article Insurance Law Trade Dress
an PGS Geophysical AS v. Iancu By feeds.findlaw.com Published On :: 2018-06-07T08:00:00+00:00 (United States Federal Circuit) - Affirming a Patent Trial and Appeal Board determination that patents relating to systems for performing marine seismic surveying were unpatentable because they made no error justifying the disturbance of their obviousness decisions. Full Article Intellectual Property Patent
an Sirona Dental v. Institut Starumann AG By feeds.findlaw.com Published On :: 2018-06-19T08:00:00+00:00 (United States Federal Circuit) - Appeal from Patent Trial and Appeal Board which held certain patent submittals unpatentable and denied plaintiff the opportunity to amend. Patent submittals relates to a method of drilling assistance for dental work and, the Board ruled, were based on previous patents. Court of Appeals affirmed in part, vacated in part, and remanded in part. Court of Appeals agreed that certain patent submittals were unpatentable, but vacated the denial of the motion to amend Full Article Civil Procedure Intellectual Property Patent
an In Re: Wang By feeds.findlaw.com Published On :: 2018-06-20T08:00:00+00:00 (United States Federal Circuit) - Appeal from the Patent Trial and Appeal Board which rejected certain patent claims as directed to non-statutory subject matter under 35 USC section 101. Plaintiff sought to patent a different phonetic symbol system that mapped letters to sounds. Court of Appeals affirmed the rejection stating that a patent is available per section 101, if it is a process, machine, manufacture or composition of matter, or an improvement thereof. Further, it must be in a physical or tangible form. Full Article Civil Procedure Intellectual Property Patent
an Impax Lab. Inc. v. Lannett Holdings Inc By feeds.findlaw.com Published On :: 2018-06-28T08:00:00+00:00 (United States Federal Circuit) - Affirmed the ruling that certain patent claims for pharmaceutical formulations, intranasal administration devices or aqueous solutions of zolmitripatan are not valid. The court found that defendant failed to prove that the claims at issue would have been obvious over the prior art. Full Article Intellectual Property Patent
an Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc. By feeds.findlaw.com Published On :: 2018-07-09T08:00:00+00:00 (United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration. Full Article Trade Secrets Patent
an TF3 Ltd. v. Tre Milano LLC By feeds.findlaw.com Published On :: 2018-07-13T08:00:00+00:00 (United States Federal Circuit) - Reversed a finding of patent claim invalidity relating to patent claims for a hairstyling device. In reversing, the Federal Circuit held that the Patent Trial and Appeal Board erred in holding, on inter partes review, that the patent claims were invalid on grounds of anticipation and that the Board had mistakenly construed the claims more broadly than the description in the patent specification merited. On the correct claim construction, the Federal Circuit held that the claims were not anticipated. Full Article Intellectual Property Patent
an Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. By feeds.findlaw.com Published On :: 2018-07-20T08:00:00+00:00 (United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding. Full Article Drugs & Biotech Patent Indian Law Intellectual Property
an ZUP, LLC v. Nash Manufacturing, Inc. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a patent for a water recreational board was invalid as obvious. On appeal, the patent holder argued that its invention of a recreational board that would help athletically challenged people ride on the water was not obvious. In a 2-1 decision, the Federal Circuit disagreed and affirmed the district court decision granting summary judgment to the defendant in this patent infringement action. Full Article Intellectual Property Patent
an Nantkwest, Inc. v IANCU By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Federal Circuit) - Affirmed the trial court's decision which had denied Plaintiff's challenge to the Patent Board’s denial of its patent. The government sought to recover costs and attorney’s fees under section 145 of the Patent Act. The trial court held that costs may be recovered under section 145, but not attorney fees. Full Article Attorney's Fees Patent
an Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd. By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings. Full Article Intellectual Property Patent
an In Re Rembrandt Techs. LP Patent Litig. By feeds.findlaw.com Published On :: 2018-08-15T08:00:00+00:00 (United States Federal Circuit) - Affirmed in part and vacated in part. Rembrandt filed numerous patent infringement actions against dozens of cable companies. After years of litigation, the district entered final judgment against Rembrandt for all claims. Cable company defendants filed a motion for attorney fees. The district court issued an order declaring the case exceptional and granting more than $51 million in fees. Rembrandt appealed the award. The Federal Circuit affirmed the exceptional case determination, but vacated and remanded the fees award for further analysis of the connection between the fees and the plaintiff’s misconduct. Full Article Patent Attorney's Fees Remedies
an Luminara Worldwide, LLC v. IANCU By feeds.findlaw.com Published On :: 2018-08-16T08:00:00+00:00 (United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims. Full Article Civil Procedure Patent
an Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a pharmaceutical company's patent claims in a multiple sclerosis drug were invalid for obviousness. Several competitors seeking to market a generic version of the same drug raised the issue of obviousness when the company sued them for infringement. In a 2-1 decision, the Federal Circuit affirmed that the patent claims in question were invalid. Full Article Intellectual Property Patent
an ABS Global, Inc. v. Inguran, LLC By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute between two companies in the agriculture-related biotechnology field, affirmed in part and reversed in part a judgment after a jury trial. The case involved antitrust claims, patent infringement claims and an alleged breach of a confidentiality agreement. Full Article Agriculture Antitrust & Trade Regulation Patent
an Sangaray v. West River Associates By feeds.findlaw.com Published On :: 2016-02-11T08:00:00+00:00 (Court of Appeals of New York) - In a trip and fall action, the trial court’s grant of summary judgment to defendant is reversed where there was dispute as to whether defendant or an adjacent business’s portion of a sidewalk was the proximate cause of plaintiff’s injuries. Full Article Property Law & Real Estate Injury & Tort Law
an Sean R. v. BMW of North America By feeds.findlaw.com Published On :: 2016-02-11T08:00:00+00:00 (Court of Appeals of New York) - In an injury case, alleging that plaintiff suffered severe mental and physical disabilities from in utero exposure to unleaded gasoline vapor caused by a defective fuel hose, the trial court’s exclusion of plaintiff’s expert witnesses from testifying at trial is affirmed where the experts did not rely on generally accepted principles and methodologies to reach their conclusions. Full Article Evidence Injury & Tort Law
an People v. Hogan By feeds.findlaw.com Published On :: 2016-02-18T08:00:00+00:00 (Court of Appeals of New York) - Conviction for criminal possession of a controlled substance is affirmed where: 1) the trial court properly considered the drug factory presumption of Penal Law section 220.25(2); and 2) the decision regarding whether a defendant testifies before the grand jury is a strategic one requiring the expert judgment of counsel, and defense counsel’s refusal to facilitate defendant’s appearance before the grand jury did not amount to per se ineffective assistance of counsel. Full Article Ethics & Professional Responsibility Criminal Law & Procedure
an People v. Sanders By feeds.findlaw.com Published On :: 2016-02-24T08:00:00+00:00 (Court of Appeals of New York) - Conviction for criminal possession of a weapon in the second and third degrees is vacated and the case remanded where the police’s seizure of defendant’s clothing from a clear hospital bag without a warrant or defendant’s consent violated his Fourth Amendment right to be free from unreasonable search and seizure. Full Article Criminal Law & Procedure
an In re Sand and Stone Corp. By feeds.findlaw.com Published On :: 2016-03-31T08:00:00+00:00 (Court of Appeals of New York) - In an environmental action, challenging a Town Board's positive declaration under the State Environmental Quality Review Act (SEQRA) and requiring a draft environmental impact statement, the trial court's dismissal of the petition is affirmed where the positive declaration is not justiciable and the case not ripe for judicial review. Full Article Environmental Law Property Law & Real Estate
an Gov't Employees Ins. v. Avanguard Med. Group By feeds.findlaw.com Published On :: 2016-03-31T08:00:00+00:00 (Court of Appeals of New York) - In an insurance action, brought by plaintiff insurance companies seeking declaratory relief, the Appellate Division's order is affirmed where Insurance Law section 5102 does not require no-fault insurance carriers to pay a facility fee to reimburse New York State-accredited office-based surgery centers for the use of their facilities and related support services. Full Article Insurance Law Health Law
an Chanko v. Am. Broadcasting Companies By feeds.findlaw.com Published On :: 2016-03-31T08:00:00+00:00 (Court of Appeals of New York) - In an injury and tort action, brought against defendants ABC News, a hospital, and attending physician for the nonconsensual filming and subsequent broadcast of decedent's treatment and death at the hospital, the Appellative Division's order is modified and affirmed where: 1) the broadcasting of the footage as part of a documentary series about medical trauma was not so extreme and outrageous as to support an intentional infliction of emotional distress claim; but 2) plaintiffs have stated a cause of action against the hospital and treating physician for breach of physician-patient confidentiality. Full Article Health Law Injury & Tort Law Media Law
an Yaniveth R. v. LTD Realty Co. By feeds.findlaw.com Published On :: 2016-04-05T08:00:00+00:00 (Court of Appeals of New York) - In a personal injury action, arising after plaintiff, a minor child, was exposed to lead at her grandmother's apartment where she was cared for during the day, the Supreme Court's dismissal of the complaint is affirmed where plaintiff child' did not 'reside' at her grandmother's apartment for the purposes of section 27-2013[h][1] of the Administrative Code of the City of NY, which requires landlords to remove lead-based paint in any dwelling in which a child six year of age and under resides. Full Article Injury & Tort Law Entertainment Law Landlord Tenant Law
an In re Glickman By feeds.findlaw.com Published On :: 2016-08-23T08:00:00+00:00 (Court of Appeals of New York) - In an election law action, concerning whether Steven Glickman, a candidate for the state senate, is eligible to run for that office, the Appellate Division's judgment that he was eligible is reversed where Glickman's 2014 registration to vote in Washington, D.C. precludes him as a matter of law from establishing the five years of continuous residency in New York required by the state constitution. Full Article Elections
an Stonehill Capital Management v. Bank of the West By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable. Full Article Commercial Law Contracts