Mondaq USA: Litigation, Mediation & Arbitration
Klein Moynihan Turco LLP
Last month, a federal district court in Manhattan refused to dismiss a putative class action lawsuit filed by a legally blind woman under the Americans with Disabilities Act...
McDermott Will & Emery
The US Court of Appeals for the Federal Circuit declined to apply an arbitration provision to a dispute where the asserted claims were not within the scope of the contract containing the arbitration provision.
Dentons
Knowing when to end an attorney-client relationship is fraught with trepidation, especially when it becomes obvious that the relationship is on a troublesome path.
Sedgwick LLP
Last week on both the Illinois Supreme Court Review and this blog, we tracked recusals, year-by-year in civil cases.
Carlton Fields
This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural...
Mayer Brown
Should you wish to receive any further information with regard to any of the issues covered by the Update.
Morrison & Foerster LLP
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco City.
Lewis Brisbois Bisgaard & Smith LLP
Partner Todd Rigby and Associate Shawn Petri won a defense verdict in a seven-day jury trial for a suit involving a bus and pedestrian who sustanied catastrophic injuries.
BakerHostetler
In April, we reported on the oral argument in Microsoft Corp. v. Baker, a Supreme Court case addressing whether putative class members may obtain appellate review of orders denying class certification...
Proskauer Rose LLP
On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie's, Inc., seeking damages and injunctive and declaratory relief.
Seyfarth Shaw LLP
Plaintiffs cannot circumvent arbitration agreements by characterizing claims for statutory damages as claims for civil penalties.
Carlton Fields
The Tenth Circuit recently upheld a district court's confirmation of an arbitral award ordering a nursing home ("THI") to pay fees and costs associated with the arbitration of a wrongful death claim.
Cadwalader, Wickersham & Taft LLP
He also stated that he supports Congressional efforts to overturn the rule using the Congressional Review Act.
Foley Hoag LLP
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries...
Sedgwick LLP
Yesterday, we began our review of the Court's experience with recusals in criminal cases. Today, we conclude our review with a look at the most recent years.
Carlton Fields
In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court...
Sedgwick LLP
Last week, we tracked the Court's experience, year by year, with recusals in civil cases. Recusals are potentially a serious issue in Illinois Supreme Court practice, since there's no provision for replacing...
Carlton Fields
The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation...
BatesCarey LLP
Jason P. Minkin, Jonathan A. Cipriani, and Nicole M. Gallagher have published an article in the Kluwer Arbitration Blog entitled "Federal Court Upholds P&I Club's Coverage Determination as Valid, Binding ADR Decision."
Barnes & Thornburg
The U.S. Court of Appeals for the Eighth Circuit recently declared that experts must, at the least, address obvious alternate causes and avoid contradicting themselves when submitting affidavits...
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Lewis Brisbois Bisgaard & Smith LLP
In Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court's judgment...
Venable LLP
The Court also held that an employer who informs its employees of their entitlement to a day of rest does not incur liability when those employees voluntarily elect to work.
Morgan Lewis
In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship.
Thompson Coburn LLP
The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees.
Foley & Lardner
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty.
K&L Gates
In Henry v. Phixios Holdings, Inc., C.A. No. 12504-VCMR (Del. Ch. July 10, 2017), the Court of Chancery, interpreting Section 202 of the Delaware General Corporation Law, ...
Reed Smith
In the wake of the defense wins during the last Supreme Court term in Bristol-Myers Squibb Co. v. Superior Court and BNSF Ry. Co. v. Tyrell, we're retiring the personal jurisdiction cheat sheet ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., a district court ruling...
Volpe and Koenig, P.C.
In 2017, the Supreme Court will issue opinions on a wide range of important issues in intellectual property law.
Duff and Phelps
In this edition: U.S. tax court rules in favor of Amazon, U.S. tax reform and the effects on transfer pricing, OECD releases toolkit for identifying financial data in developing countries...
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