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Case of the Day: Mallory v. Norfolk Southern Railway
The case of the day is Mallory v. Norfolk Southern Railway Co. (S. Ct. 2023). I love this case. On my very first day of law school, my very first class was civil procedure. The professor was the excellent Martha Minow. She told a story about running into someone down on his luck. He greeted……
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Strategy of the Day: Variations in State Arbitration Law
The Federal Arbitration Act preempts state arbitration law, but not entirely. State law that is inconsistent on the FAA’s rules about when an agreement to arbitrate is enforceable or about when awards must be enforced are preempted. But state law that relates to some procedural matters in arbitration is not preempted even when the FAA……
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Case of the Day: Nexon Korea v. Ironmace
The case of the day is Nexon Korea Corp. v. Ironmace Co. Ltd. (W.D. Wash. 2023). Nexon sued Ironmace, a Korean company, alleging that it misappropriated trade secrets and infringed its copyright by developing a video game called “Dark and Darker.” Nexon also sued two of Ironmace’s employees, Ju-Hyun Choi and Terence Seungha Park. Nexon……
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Case of the Day: Safavieh International v. Chengdu Junsen Fengrui Tech. Co.
The case of the day is Safavieh International, LLC v. Chengdu Junsen Fengrui Technology Co. (SDNY 2023). Safavieh was a New York rug design company. It alleged that Chengdu Junsen Fengrui, a Chinese rug company, was selling rugs on Amazon that infringed its design copyrights. Safavieh began by serving Amazon with a “takedown notice” under……