Tag Archives: defense

The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is!

When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or … Continue reading

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RECENT FEDERAL APPELLATE COURT RULING ASSISTS FLORIDA EMPLOYERS IN THEIR DEFENSE AGAINST EMPLOYMENT DISCRIMINATION LAWSUITS

A recent decision from the federal appellate court that decides the legal standards for employment discrimination claims in Florida federal courts made it much easier for employers to defend against employment discrimination lawsuits.  Under federal law, a plaintiff’s burden in … Continue reading

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Affirmative defense asserting that Copyright Act is unconstituational survives motion to strike

Plaintiff sued defendant search engine for copyright infringement alleging that defendant wrongfully reposted a picture plaintiff had taken. Defendant’s answer included a number of affirmative defenses. Plaintiff moved to strike the affirmative defenses. The court struck some of them but … Continue reading

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Guest Post: Allocation of Defense Costs in D&O Litigation

Peter Selvin Ben Clements In the following guest post, Peter Selvin and Ben Clements take a look at the legal principles involved in the allocation of defense expense under a D&O insurance policy. Peter Selvin is a member of TroyGould … Continue reading

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Naked Licensing Defense Alone Does Not Violate Trademark Best Efforts or Notice Clauses

Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc., No. 18 C 1376, Slip Op. (N.D. Ill. Feb. 1, 2019) (Kennelly, J.). Judge Kennelly granted defendants’ (collectively “ICE”) Fed. R. Civ. P. 12(b)(6) motion to dismiss and motion to strike … Continue reading

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