U.S. Supreme Court Enforces Arbitration Clause in Kentucky Nursing Home Admission Documents
On May 17, 2017, the United States Supreme Court reversed a decision from the Kentucky Supreme Court in a 7-1 vote finding that the arbitration clause contained in a nursing home’s admission documents for a...
The Supreme Court Slants Toward Tam: Disparagement Clause Ruled Unconstitutional
Yesterday, in a unanimous decision, the Supreme Court struck down the ban on registering disparaging trademarks under 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), deeming the statute facially unconstitutional under the First Amendment...
Supreme Court Says "You Buy It, You Own It"
In a majority opinion authored by Chief Justice Roberts in Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court in a nearly unanimous opinion held “that a patentee’s decision to sell a product exhausts...
Summary of Recent Statutory and Regulatory Actions
For additional information, contact W. Blaine Early, III atStites & Harbison, PLLC, 250 W. Main Street, Lexington, KY 40507859-226-2284 and [email protected]I. Federal ActionsWaters of the United States (“WOTUS”) Final RuleOriginally published 80 Fed. Reg. 37,05...
2017 Release of Revised AIA Standard Form Agreements
In April of 2017, the American Institute of Architects (“AIA”) released updated and revised versions of its standard form construction agreements as it does every 10 years. This newest release includes revised versions of the...
Don't Step In it
On April 11, 2017, the Court of Appeals for the D.C. Circuit, in Waterkeeper Alliance, et al., v. EPA,1 vacated a 2008 EPA rule that exempted farms from certain hazardous substance reporting requirements (the “200...
Seventh Circuit Rules Title VII Prohibits Discrimination on Basis of Sexual Orientation
In a landmark decision, the Seventh Circuit ruled on April 4 that Title VII prohibits employers from discriminating against their employees on the basis of sexual orientation. Employers in Indiana, Illinois, and Wisconsin should be...
Supreme Court Reins In the Evolving Process of "Structured Dismissals"
The term "absolute priority rule" does not appear in the Bankruptcy Code. Rather, it is a "creature of law antedating the current Bankruptcy Code." Bank of Am. Nat'l Trust & Sav. Ass'n v. 203 N...