The First District recently held that the district court had personal jurisdiction over a Texas-based company because of that company’s national advertising scheme and small repeat customer base in Illinois. In Schaefer v. Synergy Flight Center, et al., No. 1-18-1779, Plaintiffs alleged that Defendant RAM Aircraft, L.P., negligently overhauled, repaired, and tested an aircraft’s left engine and other parts, and that the negligent repair caused the aircraft to crash in Illinois, killing its seven passengers. RAM was a Texas-based limited partnership that predominately made its income by overhauling aircraft engines. RAM performed its work in Texas and had no office or property in Illinois. RAM did, however, advertise in a nationally distributed magazine and Illinois customers historically accounted for 1-2.5% of its revenues. The particular engine in question was overhauled by RAM in Texas, who shipped it to a company in Indiana, who then shipped it to an Illinois flight center for installation.
On May 17, 2019, Illinois Governor Pritzker signed legislation eliminating the state’s 25-year statute of repose under the Workers’ Compensation Act for latent diseases, overturning the prominent Supreme Court decision in Folta v. Ferro Engineering, 2015 IL 118070 (2015), which established clear precedent that an employee’s exclusive remedy lies under either the Workers’ Compensation or Occupational Diseases Act. Under the old law, an employee did not have a civil tort cause of action against their employer. This new law now creates an exception to the traditional exclusive remedy provision that has been part of the Illinois Workers’ Compensation system for over 80 years. Continue Reading Toxic Tort Monitor: Illinois Governor Signs Law Creating Exception to Illinois Workers’ Compensation Exclusivity for Latent Injuries
Supreme Court Again Strikes Down Trademark Restrictions
Yesterday the United States Supreme Court announced its decision in Iancu v. Brunetti, holding that prohibiting trademarks that consist of or comprise immoral or scandalous matter(1) violates the First Amendment. The majority, written by Justice Kagan, centered its finding on the fact that the Act’s “immoral or scandalous” criterion is viewpoint-based which results in viewpoint-discriminatory application. In other words, a Patent and Trademark Office (“PTO”) Examiner must issue registrations from an impartial perspective, not from their own judgment. For example, a PTO trademark examiner would allow marks that support society’s ideas of decency and morality, but reject marks that do not align with those concepts.
There are many legal considerations that go into negotiating, executing, performing and terminating export distributor agreements. We are excited to partner with U.S. Commercial Service and the Mid-America District Export Council on upcoming seminars in Kansas where Husch Blackwell’s Grant Leach will discuss the following topics:
In response to increasing actions by “foreign adversaries” to create and exploit “vulnerabilities in information and communications technology and services”, President Trump issued Executive Order 13873 (“E.O. 13873”) on May 15, 2019. The range of transactions which could potentially be covered under the forthcoming E.O. 13873 rules and regulations is quite broad and could include any transaction with a “foreign adversary” relating to “any hardware, software, or other product or service primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means, including transmission, storage, and display.” Chinese telecommunications giant Huawei Technologies Co. Ltd. (“Huawei”) is widely expected to be one of the companies designated as a “foreign adversary” when the Secretary of Commerce enacts the E.O. 13873 rules and regulations. For more information on what this Executive Order covers and how this could affect companies who interact with Huawei, please read our full post on Husch Blackwell’s Byte Back blog.
On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB), published the Trump Administration’s Unified Agenda of Regulatory and Deregulatory Actions, better known as the Unified Agenda.
The Unified Agenda indicates that the Federal Aviation Administration’s (FAA) promulgation of the Notice of Proposed Rulemaking (NPRM) for Remote Identification of UAS is being delayed. The NPRM had been scheduled for July 2019 but is now slated for release in September 2019.
This Spring, the Social Security Administration (SSA) began mailing Employer Correction Request Notices (known informally as “No-Match Letters”) to employers that submitted at least one Form W-2 where the name and Social Security Number (SSN) did not match SSA records. These letters contain specific instructions for employers, but employers should be cautious when responding to these letters. Below are three reminders for employers to consider. Continue Reading Social Security No-Match Letters: Three Reminders
Husch Blackwell attorney Myers Dill recently authored an article “Protecting Your Brand: Trademark Considerations for Startups” that appeared in Startup Missouri, a publication by Missouri Lawyers Weekly. The article shares some key tips on 1) choosing the right mark, 2) maintaining your IP rights, and 3) enforcing your trademarks. As Myers explains in the article, a company who creates a trademark strategy early will be able to distinguish themselves from competitors, provide guarantees to the quality of their goods or services, build goodwill, and prevent confusion in the marketplace.
The Trump Administration, through the EPA and Corps, announced its new regulatory definition for WOTUS on December 11, 2018. Shortly after the government shutdown ended earlier this year, the proposed rule appeared in the February 14, 2019, Federal Register and EPA held a public hearing in Kansas City, Kansas, on February 27th and 28th. Much like the CWR, the new rule is said to be intended to clarify the limits of the CWA’s authority. Unlike the CWR, the new rule streamlines rather than adds categories of waters.
The EPA has taken the position that long term exposure to these chemicals may result in birth defects, cancer, liver effects, immune effects, thyroid effects, and other health issues. Long chain PFAS don’t readily degrade, and thus build up in the environment and persist in the human body itself. Low levels of these chemicals have been found in drinking water and soil and, in one study, in the blood of almost every subject tested.
Read more about PFAs on our Emerging Energy Insights Blog.