By thelegalintelligencer | The Legal Intelligencer | September 22, 2017
Trial court erred in approving conditional use application for farm-to-table workshop program as an educational use, where the record supported the township's finding that education was an accessory use and the primary use was like that of a restaurant. Order of the trial court reversed.
By thelegalintelligencer | The Legal Intelligencer | September 12, 2017
Defendant was not entitled to attorney fees in Lanham Act trademark dispute because neither the way plaintiff litigated the case nor the disparity in strength between the parties' position was "exceptional" enough to merit attorney fees. Request denied.
By Michael Booth | August 25, 2017
Two related claims in Pennsylvania state and federal courts should not automatically result in the federal court abstaining from involvement, the U.S. Court of Appeals for the Third Circuit ruled Aug. 21, rejecting what it said was a district judge's overly broad definition of what constitutes a parallel proceeding in state court.
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
A religious court could be an appropriate venue for the parties to privately resolve civil disputes. However, the parties in this case did not have a written agreement to refer disputes to a religious tribunal, and the moving party failed to prove that the parties had a meeting of the minds on that issue.
By Alva C. Mather | August 18, 2017
In a highly anticipated ruling that maintains the status quo for alcohol beverage laws across the country, the U.S. Court of Appeals for the Ninth Circuit in Retail Digital Network v. Prieto, 861 F.3d 839 (9th Cir. 2017), recently determined that California's interest in preventing the undue influence of manufacturers over retailers was sufficient to trump First Amendment commercial speech challenges. In so holding, the court maintained longstanding precedent supporting the government's right to restrict advertising by alcohol suppliers, directly or indirectly, at the retailer outlets carrying their products, in contrast to business as usual for other nonalcohol brand owners.
By P.J. D'Annunzio | August 17, 2017
A federal judge served up a debilitating ruling to Bob Evans, immediately ruling in favor of a pregnant woman who sued the restaurant chain after she was effectively dismissed because of her pregnancy.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
Trial court erred in quashing appeal of municipality's denial of intermunicipal liquor license transfer where, although appeal from a municipal adjudication was expressly prohibited by the Liquor Code, the Local Agency Law nonetheless provided a separate, additional right of appeal. Order of the trial court reversed.
By thelegalintelligencer | The Legal Intelligencer | August 11, 2017
District court properly granted summary judgment to appellees in appellant's false advertising and trademark infringement claim because appellant failed to show a secondary meaning for its mark where there was almost no direct-to-consumer advertising, appellant had a miniscule market share and there was practically no record of actual confusion. Affirmed.
By Ross Todd | August 7, 2017
The U.S. Court of Appeals for the Ninth Circuit upheld a ruling that supported customers' reading of an ambiguously worded product pricing clause in an agreement governing online grocery sales.
By thelegalintelligencer | The Legal Intelligencer | August 4, 2017
Trial court properly found architectural firm liable only for rent and construction loan interest in action by restaurant asserting breach of an architectural and engineering services contract because trial court properly excluded change request documents since those documents were not modifications to the contract and were not proper evidence of rock removal and dewatering costs as they were created by a third party and there was no evidence to corroborate the authenticity of the documents. Affirmed.
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