VitalLaw

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By Kathleen Kapusta, J.D. The remarks included a comment by the senior living community’s executive director that a third-party employee was an “ignorant black bitch.” Affirming summary judgment against the Title VII race discrimination claim of a Black sales and marketing director for a senior living community, the D.C. Circuit found that several alleged statements by management, including referring to a third-party worker as an “ignorant black bitch” and calling a group of African-American...

Action relating to “natural” beverage containing citric acid tossed with leave to amend. The federal district court in Brooklyn has granted the motion to dismiss of beverage companies in a misleading advertising action alleging that ...

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By Matthew Hersh, J.D. The prices were allegedly derived based on subjective considerations and expert analysis. A company that publishes a weekly price list for diamonds adequately stated a claim for copyright infringement over that price list because it plausibly alleged that the value of a diamond depended on subjective considerations of personal opinion and aesthetic preference, the U.S. Court of Appeals for the Second Circuit has held.

By Pankhuri Bhatnagar, B.A. LL.B. An estate was not entitled to punitive damages as it had withdrawn its pain-and-suffering claim and such damages were unavailable on the remaining wrongful-death claim under Georgia law. In an action brought against a vehicle manufacturer by the estate of a man who died from carbon-monoxide poisoning while his 2015 Lexus remained running in an attached garage, the Georgia Court of Appeals affirmed in part and reversed in part the lower court’s rulings.

By Meredith Auten and Jessica R. Sievert of Holland & Knight Highlights In a significant development for healthcare providers facing False Claims Act (FCA) qui tam litigation, a judge in the U.S. District Court for the Middle District of Florida has ordered the redaction of two physician-defendants' names from all unsealed filings in a non-intervened and dismissed case.

By Matthew Hersh, J.D. The popularity of the HBO series was enough to show access, but the competing sword designs were not substantially similar. Three independent retailers and one major toy store chain have defeated claims that they infringed an authorized replica vendor’s copyright by selling foam swords with similarities to an iconic sword from a popular television series, the District Court for the Eastern District of Tennessee has held.

Articles Law Firms Organizations Law Firms Mentioned:Jackson Lewis Organizations Mentioned:Jackson Lewis, PC By Laura Pierson-Scheinberg, Richard Vitarelli and Marvin Kaplan of Jackson Lewis P.C. Takeaways NLRB General Counsel Crystal Carey's 08.26.26 memo identifies seven Biden-era precedents for which she has already sought change and another six she intends to challenge when an appropriate case arises. With a new 3-1 Republican NLRB majority ...

DESIGN AND MANUFACTURING DEFECTS—MOTOR VEHICLES—S.D.N.Y.: Court denies bulk of General Motors’ motion to dismiss exploding Buick case Pro se litigant successfully pleaded negligent design and manufacturing and strict products liability, and the court gave leave to replead failure to warn. The federal district court for the Southern District of New York granted in part and denied in ...