September 28, 2016
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Arbitration: Arbitrator exceeded his authority when interpreting soccer players’ collective agreement with national federation. United States Soccer Federation, Inc. v. United States National Soccer Team Players Association, 2016 WL 5239838 (C.A.7 (Ill.)) The uniform player agreement (UPA) incorporated into the collective bargaining agreement (CBA) between a national soccer federation and a players’ union was not silent as to procedures for print advertisements by team sponsors that contained player images. Thus, an arbitrator exceeded his authority under the CBA, which did not allow the arbitrator to add to or alter the UPA, by deeming the UPA to be ambiguous and then looking to the federation’s past practice as reflecting the parties’ intent that advance approval from the union was required for such print advertisements. The UPA stated only that for print advertisements, the federation would request but not require a sponsor to make a contribution to applicable player pools. The UPA’s stated advance approval requirements applied only to video advertisements and non-commercial print advertisements. 2016 WL 5239838 (The full-text of the rest of the Topical Highlights is available within Thomson Reuters Westlaw, subscription required).
Benefit Plans: Corporation’s sponsorship of employee benefit plans under ERISA did not render plans its “affiliates” excluded from settlement of securities class action. Rothstein v. American International Group, Inc. 2016 WL 5075939 (C.A.2 (N.Y.))
Attorney Fees: Award of attorney fees was not warranted in favor of employer who prevailed in ADA action brought by pro se employee. Minor v. Fedex Office & Print Services, Inc. 2016 WL 4474628 (N.D.Cal.)
Benefit Plans: Plan participants satisfied class certification requirements in class actions claiming administrator of health insurance plans violated ERISA. Wit v. United Behavioral Health 2016 WL 4990514 (N.D.Cal.)
Workers’ Compensation: Workers’ Compensation Act does not permit one deputy commissioner to consider the evidence and another to render an opinion and award. Bentley v. Jonathan Piner Construction 2016 WL 5030390 (N.C.App.)
Unfair Labor Practices: NLRA did not preempt supervisor’s claim of wrongful termination for concerted activity. Khanh Dang v. Maruichi American Corporation 2016 WL 5272661 (Cal.App. 2 Dist.)
Public Employment: It is arbitrary under the equal protection clause for a government employer to fail to follow established policies and procedures. Tully v. City of Wilmington 2016 WL 4362181 (N.C.App.)
Hours and Wages: School cafeteria employees met their burden of producing sufficient evidence of hours worked in action for unpaid overtime compensation. Murray v. Birmingham Board of Education 2016 WL 4719805 (N.D.Ala.)
Workers’ Compensation: Workers’ compensation disclaimer waiving worker’s right to sue any of his employer’s clients was void in violation of public policy. Vitale v. Schering-Plough Corporation 2016 WL 4427430 (N.J.Super.A.D.)