Mondaq USA: Litigation, Mediation & Arbitration
Proskauer Rose LLP
A California appellate court rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in consumer contracts.
Mayer Brown
When was the last time you saw a plaintiffs' lawyer seeking to represent a class argue that the class couldn't be certified? Readers might wonder whether this is a trick question.
Mayer Brown
Plaintiffs increasingly rely on questionable expert testimony to fill gaps in their proof, trusting that the imprimatur of an expert will overcome otherwise insuperable deficiencies in their cases.
McGuireWoods LLP
Federal courts disagree more about work product principles enunciated in a single federal rule than about attorney-client privilege protection.
Arent Fox LLP
Companies conducting e-commerce rely on search engines and computer algorithms to retrieve, recommend and rank information and products for their customers.
Cadwalader, Wickersham & Taft LLP
The Second Circuit vacated the conviction of Alfred Caronia, who had been tried and convicted of participating in a conspiracy to introduce a misbranded drug.
McGuireWoods LLP
Rebecca Mullis attended an online program for Medical Diagnostic Sonography through Mountain State University.
A Sixth Circuit panel found the text of an updated arbitration agreement indicated it did not apply to a wage and hour class action already pending when the agreement was signed.
Holland & Knight
In Comins v VanVoorhis, a Florida court has addressed the question of whether bloggers should be treated as "publishers" under defamation and libel law.
Shearman & Sterling LLP
The Southern District of New York held that voluntary disclosure of privileged communications to the government can be a waiver of attorney-client privilege.
Foley & Lardner
The Wisconsin Court of Appeals gave notice that when they email a public official, their identities and are likely to be discoverable upon request.
Blank Rome LLP
December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Target’s CEO Gregg Steinhafel took pains to assure consumers "they will not be held financially responsible for any credit or debit card fraud."
Mayer Brown
The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals.
McGuireWoods LLP
Although Fed. R. Civ. P. 26 does not require privilege logs, most courts expect them – and many courts specifically require them.
Venable LLP
A federal court judge de-certified a previously certified nationwide class of consumers in a long-pending false advertising case against POM Wonderful.
Fox Rothschild LLP
On April 14, 2014, the Pennsylvania Superior Court affirmed that venue was proper in Snyder County in a breach of contract case.
Strasburger & Price, L.L.P.
The Dallas Court of Appeals offers another good reminder on the requirements for summary judgment evidence in National Health Resources v TBF Financial.
McGlinchey Stafford PLLC
The District Court held that the Supreme Court’s recent opinion in "Standard Fire Insurance Co. v. Knowles" is not an "other paper".
Sheppard Mullin Richter & Hampton
In Americana Art China Company v Foxfire Printing & Packaging, the Seventh Circuit affirmed the district court's attorneys' fees award.
On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit.
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Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and professional liability as it relates to confidentiality.
Pepper Hamilton LLP
This month there have already been two cases in the staffing industry that highlight the risks posed to that industry and their clients where the workers being referred are paid on a 1099 basis.
Drinker Biddle & Reath LLP
A federal judge in the Southern District of Florida approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs.
Patterson Belknap Webb & Tyler LLP
A recent decision by a federal district court raises concerns about the ability of companies to claim privilege over the results of internal investigations.
Fox Rothschild LLP
In most instances, litigations end with the parties executing a settlement agreement and a stipulation to dismiss the case.
Thompson Coburn LLP
In two landmark rulings that may prompt further examination of how our laws identify and protect privacy interests, the Illinois Supreme Court has found unconstitutional Illinois’ long-standing electronic eavesdropping act.
Morrison & Foerster LLP
On January 14, 2014, the Supreme Court decided Daimler AG v. Bauman, No. 11-965—a closely watched personal jurisdiction case.
Foley & Lardner
Social media in general, and Facebook in particular, seems to have become so ingrained in modern existence that while it is potentially laughable.
Fox Rothschild LLP
Florida Statutes Chapter 713 governs construction liens, more commonly referred to as mechanic’s liens.
Mayer Brown
Yesterday, the Supreme Court granted certiorari in three cases of interest to the business community
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