Mondaq USA: Litigation, Mediation & Arbitration
Strasburger & Price, L.L.P.
Four expert opinions added up to "no evidence" of a product defect in Gharda USA, Inc. v. Control Solutions, et al. (Texas Supreme Court; Case No. 12-0987, May 8, 2015.)
Identifying privileged documents in discovery is a high-stakes task in which a lack of forethought can have profound, lasting consequences for the litigating organization and its counsel.
Mayer Brown
A large e-commerce company is facing a putative class action lawsuit in which the plaintiffs allege that the company posted misleading and deceptive price comparisons on its website and that, as a result, the plaintiffs overpaid for the products that they purchased from the company.
Troutman Sanders LLP
On June 25, 2015, a 5-4 majority of the U.S. Supreme Court ruled that the Fair Housing Act ("FHA") permits discrimination claims brought under a disparate impact theory of liability.
Morrison & Foerster LLP
A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge "all natural" claims by the makers of Skinnygirl Margarita.
Mayer Brown
The drafting of jury instructions on punitive damages presents unique challenges for defense lawyers.
Strasburger & Price, L.L.P.
The Texas Public Information Act (the "PIA") "guarantees access to public information, subject to certain exceptions." Tex. Dep't of Pub. Safety v. Cox Tex. Newspapers, L.P., 343 S.W.3d 112, 114 (Tex. 2011).
Stoll Keenon Ogden PLLC
This decision not only refused to extend the tort of malicious prosecution beyond circumstances where the plaintiff, at the inception of the suit, did not have a valid basis for bringing it, but as well criticized Blue Hen...
McGuireWoods LLP
Rule 30(b)(6) of the Federal Rules of Civil Procedure allows corporations' adversaries to insist that the corporation select a spokesman to provide binding testimony about designated topics.
Jones Day
The U.S. Supreme Court's 2014 blockbuster holding in Daimler AG v. Bauman significantly limited the circumstances in which U.S. courts can exercise general jurisdiction over foreign corporate defendants.
Mayer Brown
Today, the Supreme Court issued one decision, described below, of interest to the business community: Clean Air Act—EPA's Consideration of Costs in Decision to Regulate the Emission of Hazardous Air Pollutants by Power Plants
Mayer Brown
Today, the Supreme Court granted certiorari in one case of interest to the business community: ERISA—Preemption of State Health-Care Reporting Requirements
Mayer Brown
Section 27 of the Securities Exchange Act of 1934 (the "Act") provides that federal courts "shall have exclusive jurisdiction" over "violations of [the Act] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Act] or the rules and regulations thereunder."
Frost Brown Todd
The key issue facing the Court in Robins is whether Article III standing can be conferred when a plaintiff suffers no injury, but can instead only recover statutorily imposed penalties.
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community: Affordable Care Act—Availability of Tax Credits; Fair Housing Act—Disparate-Impact Claims
Mayer Brown
Two years ago, in United States v. Windsor, No. 12-307, the United States Supreme Court invalidated Section 3 of the federal Defense of Marriage Act, which provided that federal law did not recognize the marriages of same-sex couples.
Fox Rothschild LLP
Last week, Leslie posted about the Delaware Supreme Court's Amendment to its Internal Operating Procedures (a link to the post can be found here).
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Court's order illuminates the danger to both parties inherent in the use of attorneys as witnesses.
Holland & Knight
The U.S. Supreme Court's decision in the "Raisin Case" (Horne v. Department of Agriculture) has implications far beyond the vines of Fresno.
Troutman Sanders LLP
In In Touch Concepts, Inc. d/b/a ZCOM v. Cellco Partnership, the Second Circuit joined the Seventh Circuit in holding that a federal court retains subject matter jurisdiction over a case that had previously been removed to federal court under the Class Action Fairness Act.
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Reed Smith
In Pontiac General Employees Retirement System v. Ballantine, et al., the Delaware Chancery Court refused to dismiss a claim against a lender for aiding and abetting a breach of fiduciary duty by the borrower's directors.
Littler Mendelson
On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location.
Dentons (US)
Companies are routinely served with subpoenas for litigation in which they are not parties. Responding to these subpoenas can involve significant expenditure of time and money.
Troutman Sanders LLP
A putative nationwide class action was recently filed under the Fair Credit Reporting Act against Dollar Tree Stores Inc. The lawsuit was filed in federal district court in Florida.
Reed Smith
Eastern District of Texas District Judge Rodney Gilstrap, who has the busiest patent docket in the United States, recently announced a new model procedure for handling the onslaught of so-called "101" or "Alice" motions.
Fox Rothschild LLP
In a 12 page decision released June 2, 2015, Judge Gross of the Delaware Bankruptcy Court gives us our first Delaware specific insight into how the U.S. Supreme Court's Wellness opinion will be interpreted.
Morrison & Foerster LLP
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments in the past month...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Yesterday, before a packed courtroom, Judges Newman, Lourie, and Chen of the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Amgen Inc. v. Sandoz Inc., No. 2015-1499 (Fed. Cir. June 3, 2015).
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Those that excel at innovation should be entitled to focus on doing so without diverting their attention.
Burns & Levinson LLP
Punitive damages are not covered by insurance in Massachusetts, but can be avoided or limited if you take proper measures to prevent, investigate and address allegations of sexual harassment early on.
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