Mondaq USA: Litigation, Mediation & Arbitration
Fox Rothschild LLP
Last week, the Pennsylvania Superior Court issued an interesting decision involving the enforceability of an unsigned agreement to arbitrate.
Ropes & Gray LLP
On January 8, 2015, the United States Court of Appeals for the Fourth Circuit issued a significant opinion on the False Claims Act ("FCA") in United States ex rel. Badr v. Triple Canopy, Inc., No. 13-2101 (4th Cir. Jan. 8, 2015).
Fox Rothschild LLP
Craig Styer was quoted in the Vista.Today article, "New County Bar Association President Is Lifelong Resident And Exton Partner."
McGuireWoods LLP
Oft-maligned objectors serve a valuable function in class actions. Rather than trying to rein them in; the Advisory Committee should work on reducing the need for them.
Fox Rothschild LLP
A Pennsylvania federal judge has dismissed a plaintiff's class allegations against a debt collector in a suit alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
Foley & Lardner
The Seventh Circuit in In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), made some new law on Wisconsin's college savings account (Edvest) and annuity exemptions for debtors..
Fox Rothschild LLP
The Delaware Supreme Court has amended Rules 71 and 72 related to the assessment for an application for admission pro hac vice. Since 2002 the fee has been $300.
Strasburger & Price, L.L.P.
The Supreme Court held that when all parties have entered into a forum selection contract, that contract controls and the district court must transfer the action to the agreed–upon district.
Fox Rothschild LLP
For many, initial disclosures are a routine part of discovery.
Torys LLP
The presence of a third party to a communication between a client and attorney typically waives the attorney-client privilege.
Fox Rothschild LLP
Effective January 1, 2015, New Jersey has adopted a special program for complex business, commercial and construction cases.
In the recent case of Pricol v. Johnson Controls (Pricol Limited v. Johnson Controls Enterprises Ltd and Ors, Arbitration Case (Civil) No.30 of 2014), ..
Foley & Lardner
It is axiomatic that the court of appeals has no jurisdiction to decide the merits if the district court lacked jurisdiction.
Strasburger & Price, L.L.P.
Facts: Consumer Reporting Agencies ("CRAs"), Experian Information Solutions, Inc. ("Experian") and Trans Union, LLC ("Trans Union"), reported a public record reflecting a notice of federal tax lien related to a 941 employment tax liability for tax period ending March 31, 2004.
Strasburger & Price, L.L.P.
Just before Thanksgiving the Texas Supreme Court adopted revised rules of evidence. But no fear, the revisions are almost entirely stylistic.
Mayer Brown
We have noticed a disturbing trend recently of courts upholding punitive damages awards that are high multiples of the compensatory damages.
Mayer Brown
Trademark Tacking—Question of Fact for Jury; Federal Appellate Jurisdiction—Finality Of Order Dismissing One Among Many Consolidated Cases
Mayer Brown
Takings Clause—Price-Stabilization Reserve Requirements; Fourteenth Amendment—Right to Recognition of Marriages of Same-Sex Couples under State Law.
Mayer Brown
Patent Act—Claim Construction—Standard of Appellate Review
Fox Rothschild LLP
President Judge Vaughn now Justice Vaughn‘s movement to the Supreme Court created a vacancy on the CCLD panel.
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Proskauer Rose LLP
Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act.
Schnader Harrison Segal & Lewis LLP
A recent decision by the Supreme Court, New York County, reaffirmed the law as it applies to important issues relating to a surety’s defenses to a claim for delay damages made under a payment bond.
Klein Moynihan Turco LLP
AT&T Mobility filed a proposed settlement agreement in a Montana federal court which will likely end a class-action lawsuit brought under the Telephone Consumer Protection Act.
Klein Moynihan Turco LLP
The Defendants have agreed to pay one of the largest Telephone Consumer Protection Act settlement amounts in history.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s $1.535 billion judgment for patent infringement.
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.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework.
Reed Smith
The policyholder sought coverage from its primary D&O liability insurer, for defense costs it incurred in an SEC enforcement action commenced during the AXIS policy period.
Mayer Brown
On September 16, 2014, the Judicial Conference of the United States approved several proposed amendments to the Federal Rules of Civil Procedure.
Pepper Hamilton LLP
Lowe’s Home Centers agreed to settle a class action brought by its home improvement contractors who allege that they were misclassified.
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