Mondaq USA: Litigation, Mediation & Arbitration
BakerHostetler
Time spent drafting and negotiating an agreement often pays dividends in assuring that each party gets the benefits they desire through the agreement and incurs obligations no greater than they intended.
Troutman Sanders LLP
Sodexo, Inc. recently found itself named in a putative Fair Credit Reporting Act class action based on alleged improprieties in its background check disclosure forms and its pre-adverse action process
Armstrong Teasdale LLP
On March 28, 2017, Missouri Gov. Eric Greitens signed into law a bill that establishes more stringent parameters for what constitutes admissible expert witness testimony in the state's courts.
Stoll Keenon Ogden PLLC
Earlier this week, the United States Supreme Court issued an opinion in which it rejected Kentucky's hostility to agreements to arbitrate disputes.
Orrick
Telephone Consumer Protection Act ("TCPA") cases have continued to dominate class action filings over the past quarter.
BakerHostetler
Recent years have seen some upheaval in the lower courts on whether classes may be certified when they include members who lack actual injury.
Carlton Fields
A court has granted a petition to confirm an arbitration award despite the defendant's argument that the arbitrator acted in manifest disregard of the law.
Sedgwick LLP
Over the last two weeks, we've reviewed Justice Freeman's question patterns in civil and criminal cases.
Fenwick & West LLP
The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff's allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act...
Smith Gambrell & Russell LLP
In Abramyan v. State of Georgia, Case No. S17A0004 (decided May 14, 2017), the Georgia Supreme Court rejected a claim by Atlanta taxi cab drivers that a Georgia law allowing ride sharing services...
Schwartz Law
If you lose and the insurance company has a claim against you, it may get the benefits it paid you back from you.
Moore & Van Allen
As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts.
Foley & Lardner
For product liability and fraud actions in particular, this kind of reform would sharply curtail plaintiffs' ability to certify class actions.
Fenwick & West LLP
The Fair Credit Reporting Act was enacted to "ensure fair and accurate credit reporting, promote efficiency in the banking system, and protect consumer privacy."
Carlton Fields
In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank's motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause...
Kirkland & Ellis LLP
Seizures of multinational companies' assets in Venezuela have become all too common in recent years.
Foley & Lardner
On Monday, May 15, 2017, the Supreme Court issued its latest reminder to state and lower federal courts that they must treat arbitration agreements as equally valid as all other contracts.
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
BakerHostetler
Some wondered why the U.S. Supreme Court granted certiorari in Kindred Nursing Centers L.P. v. Clark, No. 16-32...
Gray Reed & McGraw LLP
You are a service company and you've been sued for a defective frac job. It looks scary but there's no detail in the petition and no certificate of merit is attached.
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McDermott Will & Emery
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state...
Morrison & Foerster LLP
Two common themes run through the cases we have chosen for this month's bid protest roundup.
Vedder, Price P.C.
On April 25, 2017, the U.S. District Court for the Northern District of Illinois issued an order denying the plaintiffs' motion to compel Calamos Investment Trust, a Massachusetts business trust,...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In an April 28, 2017 ruling on a motion to dismiss in the In re Valeant Pharmaceuticals International, Inc. Securities Litigation, the U.S. District Court for the District of New Jersey...
Orrick
Companies operating in the "on-demand" or "gig economy" have enjoyed tremendous success in recent years, as emerging technologies and shifts in consumer tastes have buoyed their growth.
Reed Smith
For those of us who spend large chunks of our professional lives in mass tort MDLs, expressions like "settlement inventory" are ubiquitous
Sedgwick LLP
Depending on the source, between one half to two-thirds of adults in the United States take a dietary supplement of some kind every day.
Jackson Walker LLP
Defending against a patent infringement lawsuit can be an expensive and frustrating experience. Patent litigation is complex and often requires attorneys who are not only well-versed in the intricacies of patent law but ...
McDermott Will & Emery
The US Court of Appeals for the Eighth Circuit affirmed the district court's decision that a university licensing authority violated the First Amendment when refusing to approve use of the university's trademarks on t-shirts incorporating a marijuana leaf design.
Arnold & Porter Kaye Scholer LLP
The Uniform Domain Name Dispute Resolution Policy frequently provides a welcome remedy for those trademark owners who fall victim to cybersquatters.
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