Mondaq USA: Litigation, Mediation & Arbitration
Fenwick & West LLP
The Ninth Circuit limited the ability of websites and other online services to use Section 230 of the Communications Decency Act to shield themselves from failure-to-warn lawsuits...
Carlton Fields
Two recent decisions from Illinois involving the TCPA provided valuable insight as how this court will respond to motions to strike class allegations that include impermissible "fail-safe" class definitions.
Morrison & Foerster LLP
Another Florida district court, another favorable ruling for companies facing TCPA lawsuits.
InteraXon, maker of a mind reading meditation aid, is not required to read the patentee's mind to figure out his infringement contentions.
Mayer Brown
Today, the Supreme Court granted certiorari in five cases of interest to the business community: Administrative Enforcement Actions—Judicial Review of Subpoenas; Lanham Act—Disparaging Trademarks; First Amendment—Commercial Speech; Due Process—Civil Sanctions and Sovereign Immunity—Employees of an Indian Tribe
Fox Rothschild LLP
The Court of Chancery recently denied a fee award to a litigation funding firm in the decision of Judy v. Preferred Communication Systems, Inc., C.A. No. 4662-VCL (Del. Ch. Sept. 19, 2016).
Jones Day
Carlton Fields
The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that made "the necessary factual findings as to the parties' communications,"
Carlton Fields
Six years ago, the U.S. Supreme Court stated in a plurality opinion that "Rule 23 unambiguously authorizes any plaintiff, in any federal proceeding, to maintain a class action if the Rule's requirements are met"...
Stoll Keenon Ogden PLLC
There are many benefits to having a case in federal court as opposed to state court.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In this opinion, the Court appointed WPERP as lead plaintiff but opted for an unusual strategy with regard to lead counsel for the class.
Lewis Brisbois Bisgaard & Smith LLP
A tug towing company employee was injured while he was aboard a vessel owned by the defendant, Crosby Tugs, L.L.C. Crosby sought production of documents from Aucoin Claims Service.
Proskauer Rose LLP
In today's litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff's counsel emails a copy to the defendant's counsel after filing. If it is a particularly newsworthy lawsuit, an employee or officer of a corporate defendant may download a copy of the filed complaint from a news website.
Fox Rothschild LLP
Alain Leibman was featured in the USA Today article, "Bridgegate Trial: Christie Taking Heat from Defense, Prosecution."
Wilson Elser Moskowitz Edelman & Dicker LLP
The circuit court found the Act unconstitutional and the appeal proceeded to the Supreme Court, which immediately hears all appeals from circuit orders finding a state statute unconstitutional.
Carlton Fields
Based on those observations, he shared tips for trial attorneys during a recent conversation, which has been edited and condensed.
Holland & Knight
The Second Circuit Court of Appeals vacated a $655 million jury award related to terror attacks in Israel, finding the lower court lacked personal jurisdiction over the defendants.
Bullivant Houser Bailey PC
Once upon a time, the California Supreme Court was at the forefront of expanding tort liability.
Fox Rothschild LLP
Robert S. Tintner was featured in The Legal Intelligencer's article, "Pa. Third-Party Rules Won't Stop Litigation Financing."
Mayer Brown
The largest cost in litigation is discovery, an ever-growing percentage of which is electronic discovery ("e-discovery").
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Proskauer Rose LLP
In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In
Womble Carlyle
Discovering the origin of the aphorism that "No Good Deed Goes Unpunished" is difficult, but understanding its meaning is instantaneous.
Littler Mendelson
The current Circuit split makes it all the more likely the Supreme Court will soon address the issue of whether employees may waive their ability to participate in aggregate litigation in an arbitration agreement.
Robert Stewart did not testify at trial, asserting his Fifth Amendment right against self-incrimination.
Lewis Brisbois Bisgaard & Smith LLP
Companies and other business entities often use arbitration agreements to protect themselves from class action liability.
The Supreme Court was not persuaded and upheld the arbitration agreement.
Herrick, Feinstein LLP
The New Jersey Supreme Court, joining a growing trend, held that consequential damages resulting from a subcontractor's faulty work triggered an insurer's duty to defend the general contractor.
Seyfarth Shaw LLP
Since the decision of Alice v. CLS Bank, courts have routinely invalidated patents for being directed to nothing more than abstract ideas with no inventive concept.
Mayer Brown
A nationwide company has been served with a wrongful termination suit brought individually by a former employee.
Foley & Lardner
Taking a step toward completing a requirement imposed by the Affordable Care Act, the federal government has proposed regulations that would create an administrative dispute resolution...
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