Are arbitration agreements that limit statutory rights enforceable?
Are arbitration agreements that limit statutory rights enforceable? The answer is no. Several years ago, the US Supreme Court answered this question in the negative: “a provision in an arbitration agreement forbidding the assertion of certain statutory rights”...
On what basis did the Supreme Court deny the latest Obamacare challenge?
In Cal. v. Tex., 2021 U.S. LEXIS 3119, decided today, June 17, 2021, the United States Supreme Court, on a 7-to-2 vote, denied a third major challenge to the Patient Protection and Affordable Care Act (“ACA;” often referred to as “Obamacare”). [Link to...
Tishkoff Zoom Office
This is Tishkoff’s new office in the age of COVID! Most litigation in the U.S. is currently conducted using Zoom. Using this set up, Tishkoff’s attorneys completed the first Zoom trial for the Chancery Court, located in Nashville, Tennessee, in March 2021. The...
Can Your Employer Legally Make You Get the Covid-19 Vaccination?
As COVID-19 vaccines become available, many employers will have a strong case for requiring employee vaccinations, so long as their vaccination policies have certain exceptions, are job-related...
The U.S. Supreme Court rules that direct purchasers from monopolistic retailers are proper plaintiffs to sue those retailers pursuant to Section 4 of the Clayton Act.
In Apple Inc. v. Pepper, 139 S.Ct. 1514 (2019), attached, Justice Kavanaugh joined the liberal justices in a 5-4 decision holding that plaintiffs had standing to bring an enormous antitrust class-action lawsuit against Apple Inc., alleging Apple monopolized the...
Does the non-use of your trademark because of COVID or the pandemic mean you legally abandoned your rights?
If a mark owner stops using a trademark for a sufficiently long period, his rights may become vulnerable to third-party claims of abandonment. To maintain a federal trademark registration, trademark owners periodically must file declarations of continued use with the...
What are antitrust laws?
Antitrust laws, also referred to as competition laws, are statutes developed by the U.S. government to protect consumers from predatory business practices. Antitrust laws ensure that fair competition exists in an open-market economy. These laws have...
What Is A Misrepresentation In Connection With Contract?
A misrepresentation can occur where one party to a contract makes a false statement of fact to the other, which the other relies on. There are three types of misrepresentations—innocent misrepresentation, negligent misrepresentation, and fraudulent...
What is the Business Judgment Rule?
The business judgment rule is invoked in lawsuits when a director of a corporation takes an action that affects the corporation, and a plaintiff sues, directly or derivatively (i.e., on behalf of the corporation), alleging that...
What is the Difference Between a Partnership and a Limited Liability Company?
A limited liability company is a form of business organization combining elements of limited partnerships and corporations. All partnerships consist of individuals who have agreed to run a business together under the terms of a partnership agreement. A...