Board Dismisses Section 2(a) Challenge to MARATHON MONDAY Application

The Board dismissed an opposition filed by the Boston Athletic Association (“BAA”) to an application filed by Velocity, LLC (“Velocity”) seeking registration of MARATHON MONDAY in connection with “clothing, namely, tops, bottoms, headwear, sweatshirts, sweat pants, jackets, pullovers, caps, hats, socks.”

BAA alleged that the mark

The New Jersey Supreme Court has agreed to hear Allstate Ins. Co. v. Northfield Medical Center,1 which has consequences for insurers across the country seeking to deter insurance fraud schemes intended to avoid the prohibition on the corporate practice of medicine. The issue before the court is whether a health-care lawyer (who was not admitted

The Texas Supreme Court, on certified questions from the U.S. Court of Appeals for the Fifth Circuit, has ruled that property was not physically injured for purposes of the “your product” and “impaired property” exclusions in a standard-form commercial general liability (“CGL”) insurance policy merely by the installation of a defective product into the property.

The Vermont Supreme Court has ruled that a pollution exclusion in a homeowners’ insurance policy precluded coverage for the homeowners’ claim for property damages they alleged had been caused by the spraying of a pesticide in their home in an effort to exterminate bed bugs.

The Case

Neil and Patricia Whitney noticed bed bugs in

An appellate court in Ohio has ruled that an insurance company was entitled to recover defense costs it had paid on behalf of its insured after a trial court ruled that it had a duty to defend where that decision was later overturned on appeal.

The Case

Numerous tort claims were filed against Chiquita Brands

An appellate court in Ohio has ruled that an insurance company was entitled to recover defense costs it had paid on behalf of its insured after a trial court ruled that it had a duty to defend where that decision was later overturned on appeal.

The Case

Numerous tort claims were filed against Chiquita Brands

A federal district court in Indiana has ruled that an insurance policy’s “Respirable Dust” exclusion precluded coverage for a class action complaint seeking damages for injuries allegedly caused by petroleum coke (“pet coke”) dust.

The Case

In 2013, a consolidated class action complaint was filed against George J. Beemsterboer, Inc., and other defendants in the

The Department of Health and Human Services, Office of Inspector General (“OIG”) has released its Work Plan for Fiscal Year 2016 (“Plan”). The Plan summarizes new and ongoing audits, investigations and evaluations that OIG will prioritize in the upcoming year.

While many of the areas of focus addressed in the Plan are similar to those

The Federal government and New York State have implemented additional legislation that will likely expand access to medical marijuana for patients hoping to use it.

The Senate passed an appropriations bill that had previously been passed by the House of Representatives that contains additional funding for the Department of Veterans Affairs (the “VA”). H.R. 2029

On December 9, 2015, the Federal Trade Commission (“FTC”) announced a settlement ending its two-and-a-half year-long litigation with Wyndham Worldwide Corp., the parent of Wyndham Hotels Group (“Wyndham”).  The case arose from three breaches of Wyndham’s computer systems by hackers in 2008 and 2009 during which personal financial information of thousands of consumers was stolen. 

Plaintiff’s Failure to Show Employer Knew She Was Working Overtime Without Pay Dooms Her FLSA Claim

The plaintiff in this case was employed as a personal trainer and group fitness instructor at Equinox South Beach, a health and fitness club in Miami Beach, Florida. The plaintiff claimed that Equinox had violated the federal Fair Labor

One Party’s Default Did Not Preclude Others From Litigating Coverage, Court Rules

After allegedly falling on property owned by Ann Einhorn, Avigdor Ehrenfeld sued Einhorn and Beth Jacob Day School. Einhorn’s insurer disclaimed coverage on the ground that Einhorn did not reside at the property and, therefore, it was not an “insured location.” The insurer

Many believe that we are on the precipice of a deluge of litigation—both individual and multiparty/class action—concerning how an individual’s data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and

When a corporation or individual files for bankruptcy protection, a self-executing “automatic stay” takes effect under Bankruptcy Code Section 362[i] that prohibits a wide range of acts or proceedings “against the debtor” that could have been taken before the filing of the bankruptcy case. As provided in Section 362, these include (1) the commencement or

The U.S. Court of Appeals for the Third Circuit has affirmed a decision by the U.S. District Court for the Eastern District of Pennsylvania rejecting an insured’s bad faith and breach of contract claims against its excess and umbrella insurer in connection with an underlying lawsuit involving the sale of stromboli.

The Case

Leonetti’s, a