Mondaq USA: Litigation, Mediation & Arbitration
Reed Smith
In this case, Target Training filed an infringement action against Extended Disc in the Southern District of Texas.
Troutman Sanders LLP
In Chen v. Allstate Insurance Co., the Ninth Circuit became one of the first courts to address a significant question left open by the Supreme Court's recent decision in Campbell-Ewald.
Fox Rothschild LLP
HSBC Bank avoided a potential attorney's fee judgment when the trial judge deemed abandoned a borrower's post-dismissal motion for costs and attorneys' fees.
Morrison & Foerster LLP
We've recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions.
Dentons (US)
Conflicts of interest can be complicated and risky. They can be impediments to taking on new business and can also lead to high verdicts in legal malpractice cases.
Fox Rothschild LLP
The recently amended Federal Rule of Civil Procedure 37(e) establishes two categories of conduct that can support an order of relief for the spoliation of Electronically Stored Information.
Rumberger, Kirk & Caldwell, P.A.
Brown is a "defense favorable" opinion that should be heavily relied upon when challenging class actions.
Sheppard Mullin Richter & Hampton
Last week's argument before the Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar had the potential to put false claims based on an "implied certification" in the crosshairs
Jones Day
The Federal Court of Australia practice note dealing with class actions requires that litigation funding agreements be disclosed, subject to redactions to conceal information...
Frankfurt Kurnit Klein & Selz
On Friday, the United States Court of Appeals for the Second Circuit struck a blow to nonresident lawyers looking to practice in New York State.
Mayer Brown
Mayer Brown litigators in Chicago obtained a not guilty verdict in a possession of guns case on behalf of a young woman who had never been arrested.
Sheppard Mullin Richter & Hampton
The Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff's lawsuit.
Proskauer Rose LLP
Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators?
Andrews Kurth LLP
On April 1, 2016, the Texas Supreme Court issued opinions in Houston Belt & Terminal Railway Co. v. City of Houston and Wasson Interests, Ltd. v. City of Jacksonville...
Fox Rothschild LLP
Class certification is perhaps the most important step in proceeding with a class action claim.
Proskauer Rose LLP
A federal district court in New York enforced an ERISA retirement plan's forum selection clause and transferred the case to the District of New Jersey.
Shearman & Sterling LLP
In Janus Capital, the Supreme Court established the "ultimate authority" test to determine who may be liable under Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act") as a "maker" of a materially misleading statement.
Strasburger & Price, L.L.P.
What a difference a comma makes! Compare "Let's eat, Grandma," to "Let's eat Grandma."
Proskauer Rose LLP
A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in national security and privacy.
WilmerHale
Preliminary determinations provide a potential mechanism to streamline proceedings, but should be used with caution. This article by Duncan Speller and Francis Hornyold-Strickland, published by the Kluwer Arbitration Blog, examines the increased attention given to preliminary determinations in international arbitration.
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Orrick
Whether a Human Resources Director will be deemed the "employer" and held individually liable for alleged violations under the Family Medical Leave Act should be left to the jury, according to the Second Circuit's recent FMLA decision.
Lewis Brisbois Bisgaard & Smith LLP
Seahawk Drilling, Inc. owned a jack-up drilling rig – the J/U SEAHAWK 3000 - which had been in service since 1974.
Lewis Brisbois Bisgaard & Smith LLP
A vehicle strikes a number of unsuspecting pedestrians on a crowded sidewalk in Las Vegas. The pedestrians sue the vehicle's driver under negligence and intentional tort theories.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On Monday, Alden Bianchi posted a detailed analysis of the Supreme Court's recent decision Gobeille v. Liberty Mutual Insurance Company on Mintz's Employment Matters blog.
Klein Moynihan Turco LLP
Nobody puts Lions Gate Entertainment Inc.'s ("Lions Gate") Dirty Dancing brand in a corner – except for a California federal district court and an allegedly infringing ad campaign.
Fox Rothschild LLP
On March 15 and 16, 2016, the Debtors in the Sports Authority bankruptcy, Case No. 16-10527, filed approximately 161 adversary complaints against consignment vendors.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Facing what the Ninth Circuit called "an otherwise slam dunk" copyright violation, an unauthorized seller of copyrighted software successfully asserted the "first sale" defense, and was therefore not liable for copyright infringement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In 2006, SpeedTrack, Inc. filed suit against Walmart alleging that Walmart's online retail website infringed SpeedTrack's United States Patent No. 5,544,360 ("the '360 patent") directed to a computer filing system...
Foley Hoag LLP
In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties...
Duane Morris LLP
Luis was charged with healthcare fraud. Both the District Court and the Court of Appeals for the Eleventh Circuit ruled against Luis' attempts to get funds released so she could hire an attorney.
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