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 . . .
"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.
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.
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...
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...
Today, the Supreme Court issued two decisions, described below, of interest to the business community: Bankruptcy Code—Structured Dismissals & Copyright Act—Useful Articles
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...
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...
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.
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.
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.
Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act).
U.S. Eleventh Circuit Court of Appeals