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Sixth Circuit Court of Appeals Holds Legislative Conditions Are Subject To Nexus-And-Proportionality Requirements
This post was authored by Robert Thomas, Esq. and originally appeared on the InverseCondemnation Blog and is reposted with permission. See, https://www.inversecondemnation.com/inversecondemnation/2023/05/ca6-legislative-conditions-are-subject-to-nexus-and-proportionality-requirements.html The 6th Circuit Court of Appeals in Knight v. Metro. Gov’t of Nashville, No. 21-6179 (May 10, 2023) held that conditions imposed on every development — and not just ad hoc administratively-imposed conditions […]
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Thirsty beer drinkers want … – IPwars.com
Stewart J has dismissed Brick Lane’s ACL[1] and passing off complaints against the get-up of Torquay Beverage Co’s Better Beers. Some facts On July 21, 2021Brick Lane issued a press release announcing the launch of its new Sidewinders Hazy Pale ale, a no to low alcohol beer. The range had been in development, behind the […]
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This Week in the Supreme Court – w/c 17th April 2023 – UKSCBlog
On Wednesday 19th April the Court will hand-down judgment in Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14. The Court will determine whether Section 30 of the Counter Terrorism and Sentence Act 2021 is incompatible with Articles 5 and/or 7 of the European Convention on Human Rights. If so, what (if […]
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Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee
The day after obtaining federal brokerage authority for the logistics company he formed a month earlier, Christopher Johnson, a North Carolina resident, resigned from his employment with Cincinnati-based Total Quality Logistics, LLC (“TQL”). TQL then sued Johnson and his company Patriot Logistics (“Patriot”) in the Clermont County Court of Common Pleas, alleging Johnson breached his […]
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Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs – UKSCBlog
In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, comments on the Supreme Court’s decision in Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 12, which was handed down on 22 March 2023. The issue before the Supreme Court was broadly whether a sale of […]
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Restrictive Covenants in the First Circuit
To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed by statutes in Maine, Massachusetts, New Hampshire, and Rhode Island, while Puerto Rico continues to govern them by common law. And with no significant updates since […]
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NY Appellate Court Affirms Dismissal of Challenge to Town Board’s Historic Preservation Determination
This post was authored by Tyler Doan, Esq. Petitioner, the owner of a historic theater, with an adjacent property owner, challenged the Town of Hempstead Town Board’s determination of the Petitioner’s theater as a historic landmark. The Supreme Court denied and dismissed portions of the petition and proceedings which were pursuant to CPLR Article 78. […]
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GIs, free trade, Australia and the EU – IPwars.com
With the closing stages of the negotiations between Australia and the EU over the proposed free trade agreement almost upon us, the EU has proposed a list of 55 further wine geographical indications it wants to protect.[1] Amongst others, the list includes “prosecco” and “vittoria”. The Department of Agriculture is holding a Public Objections Process […]
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This Week in the Supreme Court – w/c 15th May 2023 – UKSCBlog
Hearings in the Supreme Court are now shown live on the Court’s website. On Tuesday 16th to Thursday 18th may the Court will hear the case of Polmear and another v Royal Cornwall Hospitals NHS Trust, on appeal from [2022] EWCA Civ 12. The Court will consider whether an individual can make a claim for […]
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Home Improvement Increase Is Over As Inflation, Debt, House Prices Bite
It is equally simple to spend a lot extra on a toilet, round $41,200 with luxury fixtures and fittings. Countertops take a big chunk out of the kitchen remodelling finances. The advice from the Appraisal Institute of Canada is to spend not extra than 15% of the home’s total value on kitchen renovations. In July […]