Tag Archives: Defenses

Connecticut Employer’s Defenses on Medical Marijuana User’s Discrimination Claim Go Up in Smoke

A federal court in Connecticut recently granted summary judgment to a prospective employee on an employment discrimination claim brought under Connecticut’s Palliative Use of Marijuana Act (PUMA). The case, Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Nursing … Continue reading

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Florida’s Enforceability of Waivers of Defenses by Guarantors of Leases Protects Commercial Property Owners

By:  Oscar R. Rivera and Emily Troesch For commercial real estate landlords, guaranty agreements requiring the principal owners of small businesses to personally guaranty the obligations of the corporate tenant are standard operating procedure. In addition, commercial landlords oftentimes also … Continue reading

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Limitations, Delays, and Laches as Defenses in Cybersquatting Claims

In passing the baton of an arbitral regime for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that “claims under the administrative procedure [should not] be subject to a … Continue reading

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When is a Contract Unenforceable? | Illinois Contract Defenses Explained

In this article, we answer the question, “When is a Contract Unenforceable?” In doing so, we will discuss what it means for a contract to be unenforceable and explain eight situations in which a contract is unenforceable, including: Lack of … Continue reading

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Recent NAD Decision Largely Rejects Puffery Defenses and Consumer Testimonials that Disparage Competition

It seems like we (and the NAD) can’t get enough of “best.” In a recent case, the National Advertising Division (NAD) ruled that the advertiser, Mahindra USA, Inc., could not claim its products were superior without reasonable evidence. Deere & … Continue reading

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