Mondaq USA: Litigation, Mediation & Arbitration
Mayer Brown
The Bankruptcy Code affords special treatment to creditors who are considered "insiders" under the Code. The Code provides that, before a Chapter 11 plan of reorganization may be approved, at least one class of impaired claims must vote in favor of the plan, determined "without including any acceptance of the plan by any insider."
Holland & Knight
A federal court's interpretation of an excess revenue statute could bring an end to many capital credit lawsuits brought by current and former members of rural electric cooperatives challenging...
Troutman Sanders LLP
In King v. Bryant, the North Carolina Supreme Court affirmed the denial of a surgeon's motion to enforce an arbitration agreement with a patient in a medical malpractice lawsuit . . .
Reed Smith
"The facts and data considered by the witness . . . ." That is what expert witnesses must disclose to the other side after forming their opinions, although the rule was not always this way.
Jones Day
By a 230–180 vote, the U.S. House of Representatives has passed the Lawsuit Abuse Reduction Act of 2017.
Wilson Elser Moskowitz Edelman & Dicker LLP
It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications.
Foley & Lardner
Those who practice regularly before the U.S. Court of Appeals for the Seventh Circuit know that the court has not been reluctant to punish a misbehaving lawyer.
Carlton Fields
Like many things these days, the legal landscape is changing. One target is class action litigation. Some important new proposals have the potential to dramatically alter class actions...
Carlton Fields
Former franchisees filed a petition to vacate an arbitration award entered in favor of their former franchisor which enforced a 2-year non-compete provision in the parties' franchise agreement...
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community: Bankruptcy Code—Structured Dismissals & Copyright Act—Useful Articles
Mayer Brown
Earlier today, the Supreme Court heard oral argument (pdf) in Microsoft Corp. v. Baker, a case that raises complicated questions about federal appellate jurisdiction and Article III standing...
Carlton Fields
Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case.
Troutman Sanders LLP
Ever since the Supreme Court decided Spokeo, Inc. v. Robins last year, courts have been struggling to define the contours of standing in "no injury" class actions.
Lewis Brisbois Bisgaard & Smith LLP
On March 6, 2017, a divided Georgia Supreme Court issued its opinion on a ruling requested by the 11th Circuit Court of Appeals pertaining to a policy limits demand in a fatal 2014 motor vehicle accident.
Butler Snow LLP
Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a "wake-up call" to the Bar...
Sedgwick LLP
For the past two weeks, we've been reviewing the average time civil and criminal cases have remained pending from grant of review to argument to decision.
Carlton Fields
When considering whether an amicus brief may benefit your case, it pays to remember that the Latin term amicus curiae, after which amicus briefs are named...
Morrison & Foerster LLP
The House of Representatives has passed legislation that will fundamentally change class actions as we know them.
Sedgwick LLP
Yesterday, we analyzed the lag times – from grant of review to oral argument, and oral argument to decision – in the Court's civil docket from 2008 to 2016.
Kramer Levin Naftalis & Frankel LLP
Litigation counsel Michael S. Oberman's article, "Motion to Vacate Untimely," appeared in the Feb. 24, 2017, issue of Practice Points, published by the American Bar Association's Section of Litigation-ADR.
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Arnold & Porter Kaye Scholer LLP
On February 15, 2017, the United States District Court for the Western District of Pennsylvania allowed a purported class action to proceed against Wyndham Hotels.
Reed Smith
For those of us who spend large chunks of our professional lives in mass tort MDLs, expressions like "settlement inventory" are ubiquitous
Hughes Hubbard & Reed LLP
Under the Amended Discovery Rules Requiring Proportionality, the District of Arizona Refused to Compel Bard to Search For Foreign Communications
Reed Smith
Back in 2013, inspired by a win of our own that we were actually allowed to blog about, we put up a post entitled "On Alternative Design."
Fenwick & West LLP
The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment...
Sedgwick LLP
In December 2016, it came to light that the Chicago-based law firm of Johnson & Bell had been sued in a purported class action lawsuit brought in the United States District Court for the Northern District of Illinois.
Hughes Hubbard & Reed LLP
On the Basis of the Learned Intermediary Doctrine, New Jersey Superior Court Dismissed 160 of 162 Plaintiffs in the Accutane MDL
McDermott Will & Emery
Microsoft filed an IPR petition with respect to a patent directed to providing a real-time preview of the impact of user commands on a document being edited.
Stites & Harbison PLLC
Last month, in State Farm Mutual Automobile Insurance Co. v. Norcold, Inc., the Sixth Circuit predicted that the Kentucky Supreme Court would decline to extend the "economic loss rule" to consumer transactions.
Reed Smith
Two proposed amendments to Federal Rule of Evidence 902 could have a significant impact on the collection of electronically stored information (ESI) and its admission at trial.
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