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At stake in a recent decision by the First Circuit was this: when a bankruptcy matter is before a federal district court based on non-core, “related to” jurisdiction, should the court apply the Federal Rules of Bankruptcy Procedure or the Federal Rules of Civil Procedure? The First Circuit ruled that the former apply, and in so doing joined three other circuits that have also considered this issue.
The ruling stemmed from a bankruptcy case that was filed after the fallout from a tragic train derailment. The accident took place when oil was being transported from North Dakota to Canada. The derailment caused death, injury, and property damage.
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On June 9, 2021, United States Senators Angus King (Ind.-MA) and Charles Grassley (R-IA) announced plans to introduce the “Accelerating Charitable Efforts Act” or the “ACE Act” (the “Act”) which, if adopted, would implement significant changes with respect to the rules surrounding donor advised funds (“DAFs”) and private foundations. The proposed changes, already being hotly debated in the philanthropic community, would, among other things, mandate operational changes for DAF sponsoring organizations and offer financial incentives (in the form of both excise taxes and tax relief) to motivate donors, sponsoring organizations, and private foundations to distribute funds to public charities at a rapid pace.
On June 3, 2021, the United States Supreme Court issued a 6-3 opinion in Van Buren v. United States, No. 19-783, resolving the circuit split regarding what it means to “exceed[].
Preemption is a familiar battlefield for litigants challenging or defending advertising claims made on the labels of federally regulated products. Plaintiffs bringing claims under state.
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On May 26, 2021, United States District Judge Lorna G. Schofield (S.D.N.Y.) denied a preliminary injunction request from Plaintiffs Sure Fit Home Products, LLC, SF Home Décor, LLC, and Zahner Design Group, Ltd. (collectively, Plaintiffs ). Plaintiffs allege that Defendant Maytex Mills, Inc. ( Defendant ) infringes their design patent and trade dress by selling a hookless shower curtain.
Zahner Design Group, Ltd. ( Zahner ) is the owner of U.S. Design Patent No. 668,091 ( the D091 patent ), which claims a shower curtain with reinforcing rings containing a slit. The slit allows the curtain to be installed without having to remove already installed curtain rods. Zahner also owns two utility patents that cover a method of installing shower curtains having reinforcing rings containing a slit on a rod where the slits allow for installation without removing an installed curtain rod.