Mondaq USA: Litigation, Mediation & Arbitration
Kaye Scholer LLP
Welcome to the latest installment of "And Now a Word from the Panel," a bimonthly column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation as it meets on a bimonthly basis at venues around the country.
Strasburger & Price, L.L.P.
The Texas Supreme Court ruled in Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc., No. 15-0046, that, for the first time, the Texas Arbitration Act provides the exclusive grounds for vacatur of an arbitration award.
Fox Rothschild LLP
Joseph E. Collins was featured in the Law360 article, "Horace Mann Can't Recover $7M Settlement From AIG Unit."
Schnader Harrison Segal & Lewis LLP
Jay Evans provides insights based on observation of oral arguments in Kuren v. Luzerne County, a challenge concerning public defenders in Luzerne County, and Rost v. Ford Motor...
Fox Rothschild LLP
Brett L. Myers was featured in the Law360 article, "Criminal Act Finding May Shake Up Texas Plant Blast Suits."
On May 16, 2016, the Supreme Court issued its long-awaited decision in Spokeo. In the 6-2 decision, the Supreme Court held that the Ninth Circuit's Article III standing analysis did not consider both injury-in-fact elements...
Morrison & Foerster LLP
On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully settle—and thereby moot—a plaintiff's individual claims would also moot putative class action claims.
Fox Rothschild LLP
Foreign parties litigating cases in the United States do not always play by the same discovery rules as their domestic counterparts.
Fox Rothschild LLP
The consequences of missing the statute of limitations – even by only one day – can be dire, ..
Butler Snow LLP
On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a "bare procedural violation" advanced by the plaintiff in Spokeo, Inc. v. Robins.
Sheppard Mullin Richter & Hampton
Spokeo, Inc. v. Robins has been closely watched because of its potential implications for class actions alleging mere "technical violations" of consumer protection statutes.
Wilson Elser Moskowitz Edelman & Dicker LLP
On April 26, 2016, a sharply divided New Jersey Supreme Court held that attorneys may be liable for counsel fees if they are found to have intentionally breached their fiduciary duty to non-clients.
Morrison & Foerster LLP
The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for a violation of a federal statute?
Frankfurt Kurnit Klein & Selz
There's good news for companies defending or girding for consumer class actions. On May 16th, the Supreme Court held that plaintiffs alleging so-called "statutory violations" must also allege "injury in fact."
Proskauer Rose LLP
A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. ("Goya").
Akin Gump Strauss Hauer & Feld LLP
The United States Supreme Court held that a plaintiff must show that an injury is both concrete and particular to have standing under Article III of the Constitution.
Jones Day
Spokeo operates a "people search engine" that lets users search for information about individuals, such as their marital status, financial situation, employment, and age.
Thompson Coburn LLP
In Spokeo, Robins alleged that a website had posted inaccurate information about his personal and financial situation.
Ford & Harrison LLP
On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis.
Hughes Hubbard & Reed LLP
The U.S. Court of Appeals for the Second Circuit and other circuit courts have held that the defenses of lack of personal jurisdiction and forum non conveniens can be asserted in actions...
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Womble Carlyle
Insurance law generally imposes on a policyholder the duty to give timely notice of claims to its insurance company.
Clyde & Co
In an April 11, 2016 opinion, the Third District Court of Appeal held that a primary commercial general liability insurer had a duty to reimburse defense costs for covered lawsuits...
WilmerHale compiles lists of certiorari petitions that raise patent-law issues. This page contains a consolidated list of all recently granted petitions, organized in reverse chronological order by date of certiorari petition.
Troutman Sanders LLP
Maryland enacted a state program to encourage new electricity generation within the state through which Maryland would provide subsidies, through a state-regulated contract, to new generators.
Morrison & Foerster LLP
The petitioners, Mr. and Mrs. Luizza, were nonresidents of New York. Mr. Luizza owned 100% of the stock of an S corporation that did business in New York and other states...
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.
Lewis Rice
On March 22, 2016, the U.S. Supreme Court, on a 4-4 split vote following the death of Justice Antonin Scalia, let stand the U.S. Court of Appeals for the Eighth Circuit's decision in Hawkins v. Community Bank of Raymore...
Kramer Levin Naftalis & Frankel LLP
Two recent federal court cases will have an effect on the U.S. marijuana industry. One case focused on the validity of the Colorado regime legalizing the sale of marijuana, while the other focused on insurance for a marijuana business.
Fox Rothschild LLP
In a 13 page decision, released April 22, 2016, Judge Gross of the Delaware Bankruptcy Court granted a motion to dismiss an adversary proceeding and sanctioned the Plaintiff...
McDermott Will & Emery
Oral argument before the Ohio Supreme Court took place on May 3 in the three cases challenging Ohio's Commercial Activity Tax (CAT) nexus standard.
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