Mondaq USA: Litigation, Mediation & Arbitration
Fox Rothschild LLP
In the case of Zimmerman v. Customers Bank, the Delaware Supreme Court clarified the procedures for obtaining entry of a judgment by confession.
Rumberger, Kirk & Caldwell, P.A.
Florida's First District Court of Appeal recently an order allowing Defendants' expert to conduct an inspection of "all data" on a decedent's cellphone, albeit under strict parameters.
Rumberger, Kirk & Caldwell, P.A.
Florida’s five water management districts together own approximately 2.7 million acres of land.
Rumberger, Kirk & Caldwell, P.A.
In an October 15, 2014, ruling, the Fourth District Court of Appeal struck down the City of Hollywood's procedure for processing citations initiated by red light cameras.
Fox Rothschild LLP
The Superior Court recently granted a petition for writ of certiorari. See, Millsboro Fire Co. v. Delaware State Fire Prevention Commission et al., Del. Super., No. K14A-05-001, Young, J. (Oct. 21, 2014).
Mayer Brown
In a recent decision, the US Court of Appeals for the Eleventh Circuit affirmed summary judgment for a defendant based on the trial judge’s exclusion of expert testimony ..
Foley & Lardner
Nothing in life might be certain but death and taxes, but a recent decision from Wisconsin’s court of appeals turned out to be an exception to that rule.
Schnader Harrison Segal & Lewis LLP
Assumption of Risk is a simple doctrine. If you head down the ski slope, you assume the risk that you will wipe out – or that another skier will lose control and smack into you.
Foley Hoag LLP
The Second Circuit Court of Appeals issued a decision in Mastafa v. Chevron Corp., a case filed against Chevron Corp. and BNP Paribas pursuant to the Alien Tort Statute.
Foley Hoag LLP
Halloween is a good time to think about how you want to die. Do you want to leave the world peacefully? Or do you want to go down trash talking?
Proskauer Rose LLP
Magistrate Judge Sarah Netburn of the Southern District of New York issued an order compelling MasterCard to produce several documents.
Morrison & Foerster LLP
The Supreme Court granted certiorari to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA).
McElroy, Deutsch, Mulvaney & Carpenter, LLP
Since 1964 the Rules of Court have provided that a party in a civil lawsuit may notify the court that a particular lawyer is designated to try the case.
McGuireWoods LLP
When an Arbitrator Decides the Availability of Class Arbitration, Parties Lack Effective Review of that Decision.
Fox Rothschild LLP
The NJ Supreme Court has been asked to determine whether a municipality seeking to condemn property must expressly find that the property is "blighted".
Andrews Kurth LLP
The 2013–2014 term of the United States Supreme Court resulted in a wide range of decisions of importance to business.
McGuireWoods LLP
Most courts recognizing the "at issue" doctrine apply it only if the litigant affirmatively raises an issue to gain some advantage in litigation.
McGuireWoods LLP
Back in 2010, noted legal scholar Marc Galanter wrote an article on "The Dialectic of Injury and Remedy."
Strasburger & Price, L.L.P.
In Nath v. Texas Children's Hospital and Baylor College of Medicine, the Court considered one of the largest sanctions awards in Texas history.
Holland & Knight
On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of Homeland ...
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings?
Klein Moynihan Turco LLP
The Defendants have agreed to pay one of the largest Telephone Consumer Protection Act settlement amounts in history.
BakerHostetler
Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and professional liability as it relates to confidentiality.
Patterson Belknap Webb & Tyler LLP
Data breach class actions have multiplied rapidly in the wake of several sophisticated, large-scale attacks on corporate computer systems.
Orrick
There is a line between preparing deponents to give concise, truthful answers without volunteering information and counseling them to be evasive.
Foley Hoag LLP
In late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation could proceed.
Holland & Knight
An essential defense to a defamation claim is "pure opinion." In other words, if the defendant can show that the statements alleged to be defamatory are opinions protected under the relevant free speech laws, the defamation act will necessarily fail.
Pepper Hamilton LLP
Lowe’s Home Centers agreed to settle a class action brought by its home improvement contractors who allege that they were misclassified.
BakerHostetler
While the Deepwater Horizon oil spill has largely disappeared from the news headlines, the parties involved in the litigation have a long way still to go.
Mayer Brown
Today (October 2, 2014), the Supreme Court granted certiorari in four cases of interest to the business community:
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