A derivative action, also known as a derivative lawsuit, is a legal claim filed on behalf of a business entity by one or more of its shareholders or members against a third party who has caused harm to the entity. This type of lawsuit is unique in that it seeks to...
Way to go James K. Fett & Kenny Fet! Your reverse discrimination lawsuit, just filed in federal court in Michigan, dramatically pulls back the curtains on unlawful discrimination practices at the highest levels here in the Detroit area! As today’s Detroit...
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”...
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...
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...
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...
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...
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...
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...
