Client Alerts

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...

by Stites & Harbison, PLLC April 05, 2017

Client Alerts

BREAKING: Delay Doesn’t Matter! The Supreme Court Holds Laches Doesn’t Apply To Patent Infrin

Why wait more than a week after the Supreme Court issued its March 21 decision in SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC, et al. to send a “Breaking News”...

by Joel T. Beres March 31, 2017

Client Alerts

Give me a © for Copyrightable! The Supreme Court Holds That Cheerleading Uniforms can be Copyrightable

Last week, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866 (U.S. Mar. 22, 2017), handed Varsity Brands, Inc. a victory, ruling that designs on cheerleading uniforms are eligible for copyright protection.

by Stites & Harbison, PLLC March 30, 2017

Client Alerts

Without Consent of Skipped Creditor

In elementary school, there was always the kid from the back of the line muscling in ahead of others who were patiently waiting their turn for the slide. Known as “the cutter”, this kid’s goal...

by Chrisandrea L. Turner March 24, 2017

Client Alerts

Kentucky Enacts Medical Review Panel Law Regarding Malpractice Claims

On March 16, 2017, Governor Bevin signed into law a bill that requires medical malpractice plaintiffs to obtain an opinion from a panel of health care providers regarding the merits of their claims before filing...

by Dustyn B. Jones and Robin E. McGuffin March 22, 2017

Client Alerts

Sixth Circuit Rules Kentucky’s Economic Loss Doctrine Inapplicable to Consumer Transactions

Last month, in State Farm Mutual Automobile Insurance Co. v. Norcold, Inc., the Sixth Circuit predicted that the Kentucky Supreme Court would decline to extend the “economic loss rule” to consumer transactions. The rule prevents...

by Robin E. McGuffin March 06, 2017

Client Alerts

Does the Republicans' Estate Tax Repeal Plan Affect Community Property Trusts?

In 2010, Tennessee became the second state to create an elective community property system through community property trusts. Community property is a system of ownership that provides for equal ownership between husband and wife. However...

by Stites & Harbison, PLLC February 20, 2017

Client Alerts

You may be retaliating against your employees without realizing it

OSHA’s much maligned anti-retaliation rule took effect December 1, 2016. The rule seeks to prevent certain post-accident drug testing policies and safety incentive programs which, in OSHA’s opinion, discourage employees from reporting injuries and accidents...

by Stites & Harbison, PLLC January 31, 2017