Mondaq USA: Litigation, Mediation & Arbitration
Ice Miller LLP
The battle between sugar and corn syrup companies, which once appeared as though it would never end, came to an abrupt, anti-climatic, conclusion with an announced settlement agreement on November 20, 2015.
Preservation is being added to both Rule 16 and 26 as a topic for meet and confers and scheduling orders.
The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue.
The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue.
Wilson Elser Moskowitz Edelman & Dicker LLP
On September 21, 2015, the United States District Court for the Southern District of Illinois denied a defendant's motion in limine to exclude expert testimony in an asbestos case.
Butler Snow LLP
On October 26, 2015, the Tennessee Supreme Court returned the state's summary judgment standard to normalcy and also gave the Tennessee General Assembly a little more room to invade the judiciary.
Blank Rome LLP
NAMA Holdings involved a discovery dispute arising out of a series of legal proceedings between the managers of Alliance Network, LLC ("Alliance"), the law firm of Greenberg Traurig, LLP ("Greenberg")...
Can a claim on behalf of a class of plaintiffs be handled effectively and fairly in an arbitration proceeding?
Fox Rothschild LLP
Vice Chancellor Noble announced last week that he will be retiring from the Court of Chancery bench on February 26, 2016.
Frommer Lawrence & Haug LLP
On November 12, 2015, a federal magistrate judge issued an Order sustaining Shire's privilege claims and denying with prejudice Plaintiffs' request to apply the crime-fraud exception to the documents at issue.
For anyone who follows the Supreme Court's decisions on class action issues, this is a must-read issue.
Mayer Brown
As we noted in a post earlier this year, the Missouri courts seem to produce more than their fair share of opinions on punitive damages issues.
Sullivan & Worcester LLP
Garner v. Wolfinbarger, 430 F.2d 1093 (5th Cir. 1970), cert. denied, 401 U.S. 974 (1971) extended the "fiduciary exception" to the attorney-client privilege from the traditional trustee context to corporations.
Strasburger & Price, L.L.P.
The trial court denied the motion, but the court of appeals reversed, holding that Reddic asserted a health care liability claim.
Reed Smith
In a highly anticipated decision, the Pennsylvania Supreme Court ruled earlier this week that "new and valuable" consideration must be conveyed to an employee entering into an agreement containing a restrictive covenant after the initiation of employment, and that contractual language established by statute as a substitute for consideration does not satisfy that requirement.
Retailers have been under siege, particularly in California, by putative class actions involving allegations of "false or misleading" advertising practices.
Civil litigation can sometimes be less than civil or efficient. Indeed, some parties have been found to engage in "abusive" discovery practices or dilatory tactics intended to prolong and increase the costs of litigation.
McGuireWoods LLP
The attorney-client privilege normally does not protect pre-existing historical documents, even if clients convey those to their lawyers.
Morrison & Foerster LLP
This decision comes after the previously assigned district court judge (Judge G. Patrick Murphy (Ret.)) sided with Strum on class certification and summary judgment and dismissed the suit.
McDermott Will & Emery
In a November 12, 2015 decision in a long running qui tam suit under the False Claims Act (FCA), the U.S. District Court for the Eastern District of Virginia dismissed a relator's case pursuant to the first-to-file bar (31 U.S.C. § 3730(b)(5)) for the second time.
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Fox Rothschild LLP
Litigants and family lawyers have eagerly awaited each decision from the Appellate Division that could shed some light on the numerous provisions in the amended alimony law that became effective on September 10, 2014.
Klein Moynihan Turco LLP
On October 26, 2015, a putative class action lawsuit was filed against TD Bank USA, N.A. ("TD Bank") in the United States District Court for the District of New Jersey, alleging that the bank violated the Telephone Consumer Protection Act ("TCPA").
Rumberger, Kirk & Caldwell, P.A.
Few issues have been so hotly disputed in recent years as the issue of what constitutes a proper "assignment" of homeowners insurance benefits.
Grant Thornton LLP
On October 13, 2015, the U.S. Supreme Court issued a summary disposition for First Marblehead Corp. v. Commissioner of Revenue that granted the taxpayer's petition for certiorari...
The European Court of Justice's (CJEU) recent decision striking down the EU-US Safe Harbor framework has created significant marketplace uncertainty...
The court dealt another blow to TeleSign when it ruled that TeleSign failed to show irreparable harm, which also is required for an injunction.
Duane Morris LLP
In the past three weeks, Pittsburgh-based law firm, Carlson Lynch, which was responsible for filing hundreds of Americans with Disabilities Act (ADA) ATM class action lawsuits nationwide, has filed four ADA website lawsuits in federal district court in Pittsburgh.
Mayer Brown
A large financial institution that is a major participant in the swaps market instituted an audio data retention policy to conform with newly enacted regulatory requirements which required swaps dealers to keep a record, for one year ..
Fox Rothschild LLP
A hotel assistant manager who allegedly coerced housekeepers into sexual "servitude" is now defending himself in federal court, along with his employer TMI Hospitality Incorporated.
Fox Rothschild LLP
On February 5, 2015, RadioShack and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.
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