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By Michael D. Hornback

On January 5, 2016, the Sixth Circuit answered that question with a “No” under the facts and circumstances presented in Morton v. The Vanderbilt University, 2016 WL 52439 (6th Cir. 2016).

The Sixth Circuit began its opinion by noting the unusual circumstances presented.  The plaintiffs in the case consisted of 194 ...

By Matthew M. Lubozynski 

On December 18, Congress adjourned for the year without enacting any new patent legislation.  This is despite the fact that late in 2014, members of Congress stated that patent reform was a priority for the 114th Congress, and particularly for 2015.  Many commentators believed that significant patent reform was likely ...

By Rachel K. Mulloy

The IRS recently released good news for employers, service providers, and others who are required to file the 1094 and 1095 series Information Return forms pursuant to the Affordable Care Act.  In Notice 2016-4, the IRS has granted additional time for filing these forms for 2015:

  • The deadline for providing individuals with ...

By Max E. Bridges

On December 11, the U.S. Supreme Court granted certiorari to determine if a party can appeal a U.S. Army Corps of Engineers’ jurisdictional determination that a water feature is regulated under the Clean Water Act. United States Army Corps of Engineers v. Hawkes Co., Inc. et al., Docket No. 15-290. The Petition was filed by the ...

Max Bridges, a member of Wyatt's Natural Resources & Environmental Service Team, will be presenting at the Kentucky Chamber of Commerce's 14th Annual Environmental Conference on February 9-10 in Lexington.  Mr. Bridges will be speaking on the topic "Real Estate and Environmental Issues Selected Statutes and Predevelopment Planning."  The ...

By Douglas L. McSwain

On November 6, 2015, the Occupational Safety and Health Administration (“OSHA”) issued a news release that it will be accepting comments from the public on a draft document entitled, Best Practices for Protecting Whistleblowers and Preventing and Addressing Retaliation.  Comments will be accepted by OSHA ...

By Lesly A.R. Davis

On December 15, 2015, the United States Court of Appeals for the District of Columbia Circuit issued an Order that will  leave in place the United States Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards final rule while the agency works to issue final findings as ordered by the United States Supreme ...

By Sean G. Williamson

An unemployment compensation hearing can be fraught with dangers for the unsuspecting or unprepared employer.  Many employers disregard such proceedings as low risk because any benefits will be paid from the state’s unemployment insurance fund to which all employers must contribute.  But the factual issues raised in ...

By Max E. Bridges

In November, the Sixth Circuit Court of Appeals held that the Clean Air Act (CAA) does not preempt state common law tort claims.  It reached this conclusion in an action by property owners who allege that ethanol emissions from Diageo Americas Supply whiskey aging warehouses harm their property. Merrick v. Diageo Americas Supply ...

Glen Reid, member of Wyatt's Intellectual Property Protection & Litigation Service Team, served as co-counsel in WCM Industries, Inc.'s recent patent infringement case.  The company was victorious in a jury trial.  A story about the case, entitled "IP Trial an Unusual Victory: Fierce competitors go to trial over IP rights," appeared in the  ...

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