At the motion to dismiss stage, courts usually won’t consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee. Click Here To Read The Full Article
'National Law News' Category Archives
County Reps: Appeal Likely Following State Court's Sales Tax Ruling for Retail Marijuana
In Robust Missouri Dispensary 3 v. St. Louis County, the court sided with the plaintiff, concluding that only one local government is permitted under state law to impose an additional 3% sales tax on the retail sale of marijuana. Click Here To Read The Full Article
Climate Groups Demonstrate Outside A&O Shearman and Akin London Offices
The protesters said Akin and A&O Shearman both received the worst possible rating in a report on which law firms take on fossil fuel related work. Click Here To Read The Full Article
Federal Judge Sends Novel Damages Question in Employment Dispute to State Court
“The court could answer each of these lingering questions in favor of either Johnson or Hertz. But at this stage, the court need not, and should not, definitively resolve these questions. Instead, Missouri state courts should have the first opportunity to determine these important issues of state law,” U.S. District Judge Stephen R. Clark for […]
USPTO Director Kathi Vidal Announces Resignation Ahead of Administration Change
Vidal, a former partner with Winston & Strawn in Silicon Valley, announced in a LinkedIn post that she would depart in December. Deputy Director Derrick Brent will succeed her as head of the USPTO. Click Here To Read The Full Article