Case of First Impression

• In Case Of First Impression, NAD Addresses 'Like-Gating' On Facebook

In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus ("NAD") has rev...

• Mondaq Business Briefing
• United States Law Articles in English

• Commentary: A Case of 'First Impression'

First impressions can be deceiving. So it was with a case of first impression that we recently handled in the U.S. District Court for Maryland. What at first glance seemed to involve a straightforward personal injury case became complicated by the intricate regulatory scheme which governs the movement of freight in interstate commerce by motor carrier. The driver of a tractor-trailer, hauling a load in interstate commerce, exited an Interstate highway and entered a Maryland intersection without yielding the right-of-way to a pick-up truck approaching the intersection. The result was a catastrophic collision in which the pick-up truck, with its driver and one passenger, suffered a complete under-ride of the trailer and rendered its occupants seriously and permanently injured.

• The Daily Record (Baltimore)
• May 20, 2005

• In Case Of First Impression, NAD Addresses "Like-Gating" On Facebook.

In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus ("NAD") has rev...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Mattia v. Hall, (Ohio 2008)

Transfer on death deed, summary judgment, R.C. 5302.22, case of first impression.

• Ohio Supreme Court

• Punitive Damages Clause Of The Virginia Uniform Trade Secrets Act Not So Punishing, Says The Eastern District Of Virginia In A Case Of First Impression

Punitive damages under the Virginia Uniform Trade Secrets Act ("VUTSA") may have relatively little impact per a recent decision by the Eastern Distric...

• Mondaq Business Briefing
• United States Law Articles in English

• In Case of First Impression, Federal Corcuit Rules That Contractor Forfeited Patent Rights:Highlights Need to Establish and Implement IP Policies.

Title to a U.S. patent was recently stripped from a government contractor for failing to fully and timely disclose the invention to the Army. On Novem...

• Mondaq Business Briefing
• Nbr. 2004, May 2004

• Could Face Wrongful Death Case

Plaintiffs who received a workers' compensation award could still bring a wrongful death action against an employer who did not carry workers' compensation insurance, the Court of Appeals decided in a case of first impression. The Western District reversed the trial court's holding that the plaintiffs could not maintain a civil action because they had made an election of remedies by receiving the work comp award.

• Missouri Lawyers Media
• April 24, 2011

• In Case of First Impression, Federal Corcuit Rules That Contractor Forfeited Patent Rights:Highlights Need to Establish and Implement IP Policies

Title to a U.S. patent was recently stripped from a government contractor for failing to fully and timely disclose the invention to the Army. On Nove...

• Mondaq Business Briefing
• United States Law Articles in English

• Commentary: Workplace Issue: For Reservist

In a case of first impression, the U.S. Court of Appeals for the Second Circuit found that the Uniform Services Employment and Reemployment Rights Act required Wachovia Securities LLC to consider commission-based financial adviser Michael Serricchio's pre-service book of business in determining the appropriate post-service re- employment position, so that it would have comparable seniority, status and pay to the position the Air Force reservist would have had but for his deployment to Iraq (Serricchio v. Wachovia Sec. LLC, 2d Cir. No. 10-1590, 9/13/11). Serricchio served as a financial adviser for Prudential Securities for 11 months before he was called to active duty in September 2001. Wachovia Securities subsequently assumed Prudential's retail brokerage operations.

• Daily Record (Rochester, NY)
• October 28, 2011

• On Opinions: Homelessness Does Not Excuse Sex Offender From Registration, Says Missouri Court of Appeals

Convicted sex offenders must update their status following every move, even when they move out of a residence with no place to go, according to the Missouri Court of Appeals. In a case of first impression, the Eastern District held that sex offenders are still required to register during any time that they are transient or homeless.

• Missouri Lawyers Media
• May 07, 2012