In the News

Sears’ clearance sales will likely be full of steep discounts, but one key uncertainty could keep shoppers from biting

Sears has filed for bankruptcy and said it is closing 142 stores before the end of the year. GlobalData Retail’s Neil Saunders says it is wise for these stores to stay open for the holiday shopping season in order to clear out inventory, but he warns that customers may be turned off of the deals because of the uncertainty around warranties.

La bancarrota de Sears: la tienda por departamentos pide tiempo para reorganizarse y salvarse del cierre definitivo

El plan, además de contemplar los cierres de algunas tiendas e incluir nuevos préstamos, está marcado por la renuncia de Eddie Lampert como director, aunque seguirá siendo miembro de la junta directiva.

Federal Jury Rules Against Ultra Music Festival in European Trademark Dispute

A Miami jury has ruled in favor of a Croatia-based production company in their trademark dispute with the titan of concerts, Ultra Music Festival.

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Three Ways UnitedHealth Overpayment Rule Impacts MCOs

A federal judge sided with UnitedHealthcare and other payers in a case that challenged an Overpayment Rule adopted by CMS in 2014.

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Litigation Over Ultra Music Festival’s Trademark Abroad Proceeds to Trial in Miami

Following a Sept. 6 ruling by federal Judge Federico A. Moreno denying dual requests for summary judgement, litigation concerning the use of the Ultra brand in Croatia and Europe proceeded to trial in the Southern District of Florida on Monday. According to one attorney, the jury could reach a decision by Friday.

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Four Ways Supreme Court Nominee Kavanaugh Could Impact Healthcare

On July 16, President Trump nominated Judge Brett Kavanaugh, 53, to the Supreme Court seat being vacated by retiring Justice Anthony Kennedy. Kavanaugh is a conservative jurist who served on the U.S. Court of Appeals for the D.C. Circuit since 2006. A graduate of Yale and then Yale Law, Kavanaugh clerked for President Kennedy and then worked for independent counsel Kenneth Starr, assisting with Starr’s investigations into President Bill Clinton.

Why ‘Bristol Myers’ Doesn’t Apply to Class Actions

Class action defendants are attempting to rewrite longstanding principles of personal jurisdiction, trying to defeat certification of nationwide classes by arguing that a court lacks personal jurisdiction over out-of-state class members’ claims where the defendant does not reside in the court’s forum state.

Bank Of America Hit With Proposed Ponzi Scheme Class Suit

 Investors have slapped Bank of America with a proposed class action accusing the banking giant of knowingly helping five investment advisers perpetuate a $102 million Ponzi scheme by allowing them to transfer the funds through the bank.

Bank of America Sued for Allowing $102 Million Ponzi Scheme

Bank of America Corp. was accused in a lawsuit of providing more than 100 accounts used to perpetrate what the U.S. regulators called a $102 million Ponzi scheme.

What Class Action Litigators (and Objectors) Need to Know About Amendments to Rule 23

Amendments to the Federal Rules of Civil Procedure will take effect on Dec. 1, 2018, subject to Supreme Court approval and arguably no substantive area of law will be more impacted than federal class action litigation, in particular, the procedures for addressing objections to class settlements.

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What Class Action Litigators (and Objectors) Need to Know About Amendments to Rule 23

Amendments to the Federal Rules of Civil Procedure will take effect on Dec. 1, 2018, subject to Supreme Court approval and arguably no substantive area of law will be more impacted than federal class action litigation, in particular, the procedures for addressing objections to class settlements.

KozyakTropin and Throckmorton’s Cori Lopez-Castro Inducted into the International Academy of Trial Lawyers

Cori Lopez-Castro was selected to join the International Academy of Trial Lawyers based on her proven skill and ability in jury trials, trials before bankruptcy courts, and appellate practice.