In November 2007, Payne & Fears LLP obtained an arbitration award in favor of its client, a manufacturer of printing supplies, awarding it over $800,000 and ordering future royalty payments which will push the total recovery to approximately $1.5 million. The client had sold its operations and assets to another...
In June 2006, Payne & Fears LLP obtained summary judgment for its client, a New Jersey intellectual property firm, in an action brought by a California tool distributor and its Taiwanese supplier. The complaint, which sought millions in damages, alleged that the client violated federal antitrust law, the Lanham Act...
Over a four-month period, Payne & Fears LLP obtained the dismissal of four abusive defamation complaints filed by two anti-illegal immigration activists against other activists in that movement. The complaints sought to punish the defendants for speaking out about allegations of financial misconduct in the plaintiffs’ nonprofit corporation. The defendants...
In a victory not only for homebuilders but for all policyholders, the Arizona Court of Appeals recently rejected an attempt by several liability insurers to dramatically expand Arizona’s “fair debatability” defense to policyholder bad faith claims. Lennar Corp. v. Transamerica Ins. Co., No. 1 CA-CV 10-0141 (April 14, 2011) (“Lennar...
In a case brought in federal court under the Employee Retirement Income Security Act (ERISA) against our client, a national retailer, and its group health insurance plan for denial of an expensive surgery as not medically necessary, the court ordered briefing on the appropriate standard of court review. In ERISA...