Check Into Arbitration—Appellate Division Enforces Clickwrap Agreement

Wilentz attorneys Lynne M. Kizis, co-chair of the Mass Tort/Class Action team, and Joseph Carlo co-authored the article featured in the New Jersey Law Journal’s Product Liability & Class Action annual supplement. They review the New Jersey case law on the enforceability of browsewrap and clickwrap agreements in light of the recent Santana v. SmileDirectClub decision. Online retailers have increasingly favored these online agreements, which can remove many future plaintiffs from litigation due to their standard […]

By | January 21st, 2024 ||

The Basics Of California State Appellate Procedure

Let’s say you just lost a civil lawsuit in California Superior Court (one of California’s 58 trial courts), and you think the court got it wrong. You may want to challenge that loss by appealing to the California Court of Appeal. There, a panel of three judges will consider the trial court’s ruling and decide whether any legal errors require correction.

But while filing a compelling brief matters, it won’t be enough to simply point out the […]

By | January 17th, 2024 ||

U.S. Court Of Appeals For The Federal Circuit Set To Rule On Design Obviousness Guidelines

For the first time in over six years, the U.S. Court of Appeals for the Federal Circuit (CAFC) has decided to grant en banc rehearing of a patent case where all twelve of the sitting judges of the CAFC will hear the case. The ruling has the potential to change the way obviousness is determined in design patents, lowering the bar for obviousness and doing away with a test that has been applied to design patents […]

By | August 4th, 2023 ||