Today in Bowman v. Monstanto Co., 569 U.S. __ (2013), a unanimous Supreme Court held that under the doctrine of patent exhaustion,the authorized sale of a patented article only gives the purchaser or any subsequent owner of the patented article the right to use or resell that article.
California Court of Appeal Allows Injunction Under Unfair Competition Law to Prevent Horizontal Competitor from Diverting Business Through Unlawful Means
For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated regularly.
It has been almost a year since there was news to report about the NLRB proposed rule requiring employers to post notices about union organizing rights.
Flexible Work Schedule Not a Reasonable Accommodation Under ADA When Punctual, Regular Attendance is an Essential Function
A flexible work schedule is not a reasonable accommodation if it will not allow the employee to perform the essential functions of her job, which can include regular and punctual attendance, according to the Tenth Circuit.
The Connecticut Plaintiff, Heimeshoff, filed an ERISA lawsuit against Hartford challenging their denial of long-term disability benefits. Hartford filed a Motion to Dismiss as Heimeshoff filed her lawsuit past the 3-year statute of limitations which was clearly stated in her policy.
This week a sprinkling of interesting events flavors administrative law. Recess appointments litigation may get closer to sweetening the United States Supreme Court (SCOTUS) calendar.
On Friday afternoon, the Fourth Appellate District, Division 3 (Orange County) decided Faulkinbury v. Boyd & Associates (Faulkinbury II).
An employer lawfully terminated an employee pursuant to an attendance policy that did not distinguish between absences for medical reasons and other reasons, according to the Seventh Circuit Court of Appeals. Basden v. Professional Transportation, Inc. (7th Cir. May 8, 2013).