Experienced Federal Litigation Counsel
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In addition to our robust employment litigation practice, the Law Offices of Nolan Klein has handled business litigation for hundreds of clients, in state and federal court. We are committed to using the right combination of aggressive style, and creative strategy, to deal with the specific situation facing each client. Our commercial practice covers a variety of areas, including those listed below.
Copyrights laws protect the owner (often the creator) of creative materials, including writings, photos, illustrations, and other such works. The Copyright Act gives the owner of a copyright the exclusive right to copy, use, distribute, display, or otherwise make use of the work. To gain protection, a work need not be registered; however, if the work is registered, its owner gains additional remedies in the event of an infringement.
Using a copyrighted image, especially on a website, is very likely to draw a copyright infringement claim from the owner of the work. By using the Internet, it is very easy for copyright owners to find unauthorized use of their work. In order to prevail on a copyright claim, the owner has to prove ownership of a valid copyright, and that some or all original elements of the copyrighted work were copied. The specific facts to be proved by a plaintiff in a copyright case vary on a case-by-case basis, but it is always fundamental to prove the existence of a copyright, and that the copyrighted work was copied. We have litigated many copyright claims, and we are happy to discuss your case.
Fair Housing Act (FHA) claims
The Fair Housing Act or FHA prohibits “discrimination against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap.” A housing provider cannot refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.”
In plain English, housing associations have to grant reasonable requests to accommodate a disability. The key word is reasonable. To prevail on an FHA claim, a plaintiff must establish that “(1) he is disabled or handicapped within the meaning of the FHA, (2) he requested a reasonable accommodation, (3) such accommodation was necessary to afford him an opportunity to use and enjoy his dwelling, and (4) the defendants refused to make the requested accommodation.”
There are a number of defenses available to housing providers when sued for alleged violation of the Fair Housing Act, including that no disability (as defined by the law) is involved, that the requested accommodation is not the most effective or least onerous method to assist with the disability, or that the requesting tenant/owner is not willing to pay for the accommodation (for example, ramps in common areas have to be paid for by the requesting party). The specific defenses available will of course depend on the facts of each case.
Telephone Consumer Protection Act claims
In order to state a claim for violation of the TCPA by virtue of unsolicited text messages, a Plaintiff must demonstrate that an unauthorized text message was sent to her phone, by a randomized autodialing system. An established business relationship with the recipient is an absolute defense to these cases. An unsolicited advertisement by fax is exempt from all prohibitions when it is from a sender with an established business relationship with the recipient, and where the sender obtained the fax number through voluntary communication of the number from a directory, advertisement, or internet site available to the public, on which the recipient voluntarily agreed to make its fax number available for public distribution. Each TCPA case is different. Please call or contact us to discuss your case.
The test to determine whether a trademark is protectable under federal law is the likelihood of consumer confusion as to the source of the allegedly infringing product.
Making this determination pivots on:
- The mark’s inherent distinctiveness (i.e., whether it is generic, descriptive, suggestive, arbitrary, or fanciful); and
- It's acquired distinctiveness, or strength in the marketplace.
As to the first factor, a mark cannot be considered distinctive if it is found pervasively throughout the public domain.
As to the second factor, a mark cannot be said to have obtained strength in the marketplace where the field is crowded with similar types of marks. Evidence of third-party use bears on the strength or weakness of a mark.
Establishing that a trademark has been violated is often more difficult than a claimant may imagine, particularly where the alleged violator mounts a vigorous defense. Every case is different and requires individualized analysis. If your business has encountered a trademark issue, please contact us for a free initial consult.
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$400 Thousand Hotel Injury
Settlement for client injured by a large hotel.
$1.2 Million Accident Injury
Settlement for client hit by a car while riding on her bicycle.
$13 Million Class Action
We obtain a settlement valued at nearly thirteen million dollars for a nationwide class.
$1.4 Million Settlement Enforcement
Judgment obtained after breach of settlement agreement. Fully collected.
$235 Thousand Unpaid Overtime Class Action
Settlement for supermarket workers who were not paid overtime.
$475 Thousand Wrongful Termination
Settlement reached for client after contract was wrongfully terminated.
$400 Thousand Wrongful Termination
Settlement for a client whose business contract was wrongfully terminated.
$655 Thousand Hotel Injury
Settlement for client injured by a major hotel chain.
$500 Thousand Accident Injury Settlement
Client was injured at a theme park hotel.
$975 Thousand Injured Employee
Settlement reached after our client was injured while on the job.
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