Mondaq USA: Litigation, Mediation & Arbitration
Butler Snow LLP
Is litigation funding a creative way to help "the little guy" or the resurrection of a practice that even the Athenians deemed impolitic?
Fox Rothschild LLP
The Court of Chancery recently issued its latest decision in the contentious case captioned In re Shawe & Elting LLC.
In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing.
Akin Gump Strauss Hauer & Feld LLP
The U.S. Court of Appeals for the 2nd Circuit recently held that district courts have the power to decertify a class even after a jury verdict in favor of the class.
Sheppard Mullin Richter & Hampton
In connection with CRD's judgment enforcement efforts against Euro-American and Mr. Cohen, CDR initiated a 2009 action against First Hotels, a Quebec corporation that Mr. Cohen created to purchase a condominium in Manhattan.
Reed Smith
In 2011 (effective January 6, 2012), Congress passed the Federal Courts Jurisdiction & Venue Clarification Act (the "JVCA").
Shearman & Sterling LLP
The issue in IndyMac was whether the tolling rule announced in American Pipe—that the filing of a class action tolls the statute of limitations for all members of the proposed class—applied to Section 13's statute of repose.
Proskauer Rose LLP
The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option to e-file documents redacted for confidentiality without a motion to seal.
Carlton Fields
On July 6, the Sixth Circuit addressed a question apparently left open by the Supreme Court in its recent Campbell-Ewald case.
Carlton Fields
The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results.
Fox Rothschild LLP
Stephanie Nolan Deviney was featured in the Pittsburgh Post-Gazette article, "Some Penn State Trustees Questioning Sandusky Payouts to Accusers."
Strasburger & Price, L.L.P.
The Texas Supreme Court held that under certain circumstances judicial error may be a superseding cause of the client's damages that relieves the attorney of any liability.
The appellant, Maybank Kim Eng Securities Pte Ltd (Kim Eng) had commenced an action against its customer and her husband-remisier.
Carlton Fields
Last month, a California appellate court reversed an order compelling legal malpractice claims to arbitration under an arbitration provision found in a business operating agreement.
Foley Hoag LLP
On June 15, 2016, Exxon sued Massachusetts AG Maura Healey in federal court in Texas, seeking to bar the enforcement of AG Healey's April 19, 2016 civil investigative demand, issued pursuant to M.G.L. c. 93A, the Commonwealth's unfair and deceptive practice statute
Mayer Brown
Courts applying BMW and State Farm often emphasize the Supreme Court's admonition that the constitutional line is not "marked by a simple mathematical formula"—typically when rejecting a defendant's argument that the ratio of punitive to compensatory damages is indicative of an excessive award.
Carlton Fields
In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds.
Smith Gambrell & Russell LLP
On July 5, 2016, the Georgia Supreme Court issued a decision in Scapa Dryer Fabrics, Inc. v. Knight, et al., in which the plaintiff alleged he was exposed to asbestos-containing products at a textile manufacturer's facility...
Mayer Brown
It is by now settled that federal agencies have broad authority to fill the gaps left by Congress.
Holland & Knight
The First Judicial Department of the New York Appellate Division has upheld a claim of attorney-client privilege for documents reflecting communications between attorneys at a firm and that firm's in-house counsel.
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Foley & Lardner
In the complaint, the DOJ and NC define steering as "a method by which insurers offer consumers of healthcare services options to reduce some of their healthcare expenses."
Lewis Brisbois Bisgaard & Smith LLP
Care West Pegasus Modesto ("Care West") and Ullico Casualty Company ("Ullico") entered into a compromise and release agreement with a workers' compensation claimant.
Mayer Brown
On 23 June 2016, a US federal jury concluded that Led Zeppelin's Jimmy Page and Robert Plant did not copy the opening guitar riff in "Stairway to Heaven" from the song "Taurus," an earlier tune by US rock band Spirit.
Over the past several decades, hundreds of countries have negotiated and signed over 3,000 investment treaties.
Proskauer Rose LLP
The case arose out of a decades-long contractual dispute between Ecuador and Texaco Petroleum.
Morrison & Foerster LLP
Subject matter eligibility is governed by 35 U.S.C. §101 and extends patent protection to "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
In Franklin California Tax-Free Trust, the US Supreme Court found that section 903(1) of the Bankruptcy Code preempts the Puerto Rico Debt Enforcement and Recovery Act (the "Recovery Act").
Womble Carlyle
State law in North Carolina authorized modern local zoning regulations in the 1920s. And perhaps, there is no more basic zoning term than "single family detached dwelling."
Mayer Brown
Today, the Supreme Court granted certiorari in four cases of interest to the business community: Federal Jurisdiction—Fannie Mae; Bankruptcy Code—Structured Dismissals; Sherman Act—Conspiracy by Members of a Business Association; Fair Housing Act—Standing
Reed Smith
In March 2015, the Bureau of Land Management ("BLM") issued regulations applying to hydraulic fracturing on federal and Indian lands.
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