Client Newsletters

The Litigation Reporter - January 2005

January 2005
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In this issue:

- Complex Horizontal Price-Fixing Claims Under The Sherman Act Are Arbitrable
- Implied Covenant In Sale Governs
- Attorneys’ Fees Awarded Where Civil Rights Plaintiffs Awarded Only Nominal Damages
- Consumer Lenders May Pay Yield Spread Premium To Brokers Without Running Afoul Of California Predatory Lending Law
- Liquidated Damages Clause in Equipment Lease Not Enforceable Where No Consideration For Early Recapture Of Equipment

- Digital Millennium Copyright Act § 1202(b) Not Violated By Copying Unmarked Pictures
- A Responding Party Has No Duty To Supplement Interrogatories When New Information Comes To Light Even If The Party Has Reserved The Right To Supplement And Amend The Earlier Responses
- Insurer Does Not Have To Prove Prejudice To Deny Coverage To Insured Who Failed To Provide Timely Notice Of Lawsuit
- Employer May Implement Overall Grooming And Appearance Policy If Burdens On Men And Women Are “Substantially Equal”
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Employer Does Not Violate Family Medical Leave Act Where It Restores Employee To Changed Position If Changes Are Insignificant
- Financial Hardship Did Not Constitute Reasonable Cause For Abatement Of Penalties For Nonpayment Of Taxes