lauren

  • Campolo, Middleton & McCormick Petitions U.S. Supreme Court in Fair Housing Act Case

    Campolo, Middleton & McCormick, LLP, Suffolk County’s premier law firm, has filed a petition with the United States Supreme Court on behalf of Safe Harbor Retreat, a residence in East Hampton, New York, for individuals in recovery from drug and alcohol addiction.  The May 18, 2016 petition asks the nation’s highest court to settle a split among the circuit courts as to when the denial of an applicant’s request for a reasonable accommodation under the Fair Housing Act becomes justiciable. “The question presented by this case is of critical import to the millions of disabled Americans who are denied equal enjoyment ...

    cmandm

    Thursday, May 26th, 2016

    (0)

    Read More >
  • Supreme Court Preview

    By Lauren Kanter-Lawrence, Esq. August 26, 2015 Following an action-packed few weeks in June before summer break, the Supreme Court will begin its next session on October 5, 2015.  While the upcoming cases on the docket may not have generated the same attention as the major decisions reached at the end of the last term—when the Court weighed in the constitutional right to same-sex marriage and tax subsidies for the Affordable Care Act, among other headline-grabbing issues—below are summaries of cases we’ll be watching. October 6, 2015 Ocasio v. United States Ocasio will address a direct split among the Circuits as to extortion, specifically ...

    cmandm

    Wednesday, August 26th, 2015

    (0)

    Read More >
  • Supreme Court Defines “Supervisor” for Purposes of Harassment Claims

    New York Labor Law Update: Workplace Harassment By Lauren Kanter, Esq. July 22, 2013 An employer’s liability for workplace harassment could turn on whether the harasser meets the Supreme Court’s newly adopted definition of “supervisor” of the victim, according to the Court’s opinion in Vance v. Ball State University, handed down on June 24, 2013. Petitioner Maetta Vance, an African-American woman, had worked in the Ball State’s Banquet and Catering Department since 1989. Over the course of her employment there, Vance made numerous complaints regarding her interactions with Saundra Davis, a white catering specialist in her department. Vance filed complaints with the university and charges ...

    cmandm

    Wednesday, July 22nd, 2015

    (0)

    Read More >
  • Supreme Court Rules that Attorneys Cannot be Awarded Attorneys’ Fees in Defending Their Own Fee Applications

    By Lauren Kanter-Lawrence, Esq. June 22, 2015 Dating back at least to the 18th century, the “American Rule” provides that each litigant pays his or her own attorneys’ fees, regardless of the outcome, unless provided otherwise by statute or a contract between the parties.  Justice Thomas, writing for the majority in the Supreme Court’s June 15, 2015 decision in Baker Botts v. ASARCO, LLC, referred to this rule as a “bedrock principle” that would serve as the Court’s basic point of reference in evaluating this dispute from the Fifth Circuit. The case stemmed from defense of a bankruptcy fee application by two law ...

    cmandm

    Monday, June 22nd, 2015

    (0)

    Read More >
  • Supreme Court to Decide Whether Patent Holders Are Entitled to Royalties After Patents Expire

    By Lauren Kanter-Lawrence, Esq. May 20, 2015 If a primary purpose of the patent system is to encourage innovation and the disclosure of new ideas, should patent holders receive royalty payments once their patents have expired?  The Supreme Court heard arguments on this question on March 31, 2015. The case stems from a Spiderman string-shooting toy for which Stephen Kimble obtained a patent in 1990.  Kimble brought a patent infringement suit against Marvel Enterprises Inc. several years later when the company began distributing a similar toy.  After years of litigation, Marvel purchased the patent and agreed to pay royalties to Kimble.  The agreement ...

    cmandm

    Wednesday, May 20th, 2015

    (0)

    Read More >
  • Professional Licensing Boards Not Automatically Immune from Antitrust Litigation

    By Lauren Kanter-Lawrence, Esq. March 18, 2015 Would you have your teeth whitened at the mall? Apparently, so many people were happily squeezing in teeth whitening on their shopping trips (as well as in other non-traditional venues such as salons and spas) that local dentists complained to the North Carolina State Board of Dental Examiners that they were losing patients to non-dentists who offered teeth whitening services at lower prices.  In response, the Board sent nearly 50 cease-and-desist letters to commercial teeth whitening providers and manufacturers, warning that the unlicensed practice of dentistry is a crime.  Although the state’s Dental Practice Act does ...

    cmandm

    Wednesday, March 18th, 2015

    (0)

    Read More >
  • Aereo Update: Case Volleys Back to Trial Court

    By Lauren Kanter-Lawrence, Esq. November 24, 2014 This blog has previously reported on American Broadcasting Co. v. Aereo, here and here, a dispute between television broadcasters and a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” For around $10 a month, subscribers could record shows and watch live and recorded programming from their mobile devices. In June, finding that Aereo’s resemblance to traditional cable companies was “overwhelming,” the Supreme Court determined that Aereo’s service conflicted with copyright law requiring the copyright owner’s permission for a public performance of the protected work. “Performance” includes retransmission to the public, and the ...

    cmandm

    Monday, November 24th, 2014

    (0)

    Read More >
  • Broadcast Networks Prevail in Aereo Suit

    By Lauren Kanter-Lawrence, Esq. August 22, 2014 My January blog post reported that the Supreme Court had recently agreed to hear the case American Broadcasting Co. v. Aereo, focusing on the dispute between television broadcasters and Aereo, a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” Subscribers, who paid between $8 and $12 per month, could use the service to record shows and watch live and recorded programming from their mobile devices. When the Supreme Court heard the case in April 2014, the networks argued that Aereo (and the other start-ups that were sure to follow) threatened retransmission ...

    cmandm

    Friday, August 22nd, 2014

    (0)

    Read More >
  • Supreme Court Holds that Competitors May Bring False Advertising Claims Challenging Food and Beverage Labels Regulated by the FDA

    By Lauren Kanter-Lawrence, Esq. June 23, 2014 Perhaps Coca-Cola should stick to soda. A unanimous Supreme Court held this month that competitors may bring false advertising claims under the federal Lanham Act – even if the challenge is to food and beverage labels regulated by the Food and Drug Administration under the federal Food, Drug, and Cosmetic Act (“FDCA”) (which prohibits the misbranding of food and drinks). See POM Wonderful LLC v. Coca-Cola Co., No. 12-761. POM Wonderful LLC makes and sells pomegranate juice products, including a pomegranate-blueberry blend. Coca-Cola’s Minute Maid division makes and markets a juice blend bearing the label “POMEGRANATE BLUEBERRY” ...

    cmandm

    Tuesday, June 10th, 2014

    (0)

    Read More >
  • Delaware’s Bid to Offer Confidential Arbitration Heard by Sitting Judges

    By Lauren Kanter, Esq. April 27, 2014 Delaware’s unique effort to offer private arbitration presided over by sitting judges to those who could afford it officially ended last month when the United States Supreme Court declined to hear arguments as to whether lower court rulings barring the program should be reversed. Delaware, which has long enjoyed a business-friendly reputation and whose Court of Chancery is well respected for its business expertise, established its controversial arbitration program in 2009. The program was limited to business disputes of at least one million dollars involving Delaware entities. Sitting judges on the Court of Chancery would preside over ...

    cmandm

    Sunday, April 27th, 2014

    (0)

    Read More >