Posts in Litigation.
Substantial Performance When Time Is (Not) Of The Essence

In Magic Carpet Ride LLC, et al. v. Rugger Investment Group, LLC, the California Court of Appeal recently reversed a trial court’s decision to grant summary adjudication on a breach of contract claim where the defendant was eight days late in depositing a required lien release.   Even though the contract stated that “time is of the essence” and the late deposit violated the strict terms of the contract, the Court of Appeal clarified that it could be considered substantial performance, creating a triable issue of material fact which made summary adjudication improper.

Categories: Business, Litigation
Infringers Profits and Willfulness:  Supreme Court Set to Resolve Circuit Split Regarding Trademark Damages

October marks the opening of the new Supreme Court 2019-2020 term and there is one case in particular that trademark practitioners are anxiously awaiting for the Court to weigh in on to resolve a longstanding circuit split and definitively answer the question whether willful infringement is a prerequisite for an award of an infringer’s profits in an action for trademark infringement.

Categories: Business, Litigation
Supreme Court Rules a Copyright Must Be Registered By the Copyright Office Before a Copyright Owner Can Sue For Infringement

On March 4, 2019, the United States Supreme Court issued a significant copyright decision that resolved a longstanding circuit split and changes how—and when—copyright owners can file an infringement action in federal court to enforce their copyrights.

A presumption of irreparable harm in trademark cases may be retired, but evidence of likelihood of confusion can still support an inference of irreparable harm.

Categories: Litigation, Trade Dress
Employers Using Third Party Payroll Providers May be Held Liable for Unpaid Taxes

Many employers outsource some or all of their payroll and related tax duties to third party payroll service providers.  These related tax duties may include withholding, reporting, and paying over certain employment (i.e. FICA, Medicare, SDI) and income taxes to the Internal Revenue Service (IRS) and California Employment Development Department (EDD).

Financial Elder Abuse And Business Transactions

As technology advances, people are living much longer lives.  However, for many people, their golden years have resulted in nothing but heartbreak as they have been the victims of elder abuse.

Website Access For The Visually-Impaired

Over the last twenty years the internet has changed the world.  Through the assistance of screen-reading software or other similar devices, visually-impaired individuals can access the internet to, among other things, conduct business, make hotel reservations, or purchase products.  However, lawsuits against businesses with websites that do not fully accommodate visually-impaired individuals have exploded in the last few years.  Businesses in all industries have faced litigation of this kind, from financial institutions to hotels and restaurants.  Even world-renown universities have not been immune to such lawsuits.

Categories: Litigation

Subscribe

Other AALRR Blogs

Recent Posts

Popular Categories

Contributors

Archives

Back to Page

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Privacy Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.