News & Publications

In the wake of the Supreme Court's elimination of "Chevron deference" in the Loper decision, many commentators have suggested that the ITC's authority over unfair imports under Section 337 might be curtailed. See Loper Bright Enterprises v. Raimondo, 2024 U.S. LEXIS 2882 (June 28, 2024). Most prominently, some have worried (or hoped, depending on their point of view), that the Federal Circuit's decision in Suprema, which affirmed the ITC's authority to find a Section 337 violation based on post-importation infringing [...]

A state appellate court in Pennsylvania recently affirmed a trial court's summary judgment ruling addressing a franchisor's claims for indemnification in a personal injury dispute. Sunoco (R&M), LLC v. Pa. Nat'l Mut. Cas. Ins. Co., — A.3d —, 2024 WL 3688402 (Pa. Super. Ct. Aug. 7, 2024). The underlying dispute between the parties arose from Sunoco (R&M), LLC's and Sunoco LLC's pursuit of indemnification from its franchisee, Greyhound Aramingo Petroleum Company, Inc., after the settlement of [...]

Last week, the Eleventh Circuit held that a conspiracy need not be unlawful to introduce co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E), reversing the district court's exclusion of certain statements. The court held that the government could admit a co-conspirator's statements against a defendant even if it failed to establish a criminal conspiracy "[s]o long as those statements were made during and in furtherance of a joint venture that included an opposing party" under [...]