Mondaq USA: Litigation, Mediation & Arbitration
Morrison & Foerster LLP
Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here.
Fenwick & West LLP
The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under...
Sheppard Mullin Richter & Hampton
The U.S. Supreme Court has closed a loophole that class action plaintiffs in the Ninth Circuit had been exploiting to obtain immediate appellate review of a district court's denial of class certification.
Dickinson Wright PLLC
In the recent case of Frank v Linkner, ___ Mich ___; ___ NW2d ___ (2017), the Michigan Supreme Court clarified that a claim for member oppression under Michigan's LLCA, MCL 450.4101 et seq.,...
Morrison & Foerster LLP
These two decisions are expected to put a damper on the wave of class action suits being pursued in New Jersey federal court against e-commerce companies for technical violations of the TCCWNA.
BakerHostetler
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications...
Carlton Fields
On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, narrowing the scope of federal criminal asset forfeiture for drug offenses.
Seyfarth Shaw LLP
In Microsoft Corp. v. Baker, No. 15-457, the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a plaintiff may appeal orders...
Troutman Sanders LLP
On June 8, 2017, the U.S. Court of Appeals for the Fifth Circuit dismissed Total Gas & Power N.A., Inc., Aaron Hall, and Therese Tran's arguments that the NGA provides federal district courts – not FERC...
Seyfarth Shaw LLP
The first trial under the ADA about the accessibility of a public accommodation's website took place last week in the Southern District of Florida.
Proskauer Rose LLP
In Casiopea Bovet, LLC v. Chiang, plaintiff had obtained a default judgment against Financial Title Company in 2008.
BakerHostetler
The district court below certified a class as to the plaintiff's contract and Louisiana insurance law claims, as well as the fraud claims.
Foley & Lardner
The U.S. Supreme Court reversed the Montana Supreme Court and concluded that BNSF Railway was not subject to general jurisdiction in Montana to answer for alleged work-related injuries occurring in North Dakota and South Dakota.
Haug Partners
An arbitral tribunal typically possesses broad powers to set the procedures within an arbitration, including the appointment and management of its own expert to assist the tribunal with technical subjects...
Orrick
Clauses requiring a party to use best endeavours, reasonable endeavours, all reasonable endeavours and variations on the same theme, are commonplace in negotiated commercial contracts.
Carlton Fields
The Central District of California district court recently weighed in on the limits of mass action jurisdiction under the Class Action Fairness Act (CAFA).
Sheppard Mullin Richter & Hampton
In Resh v. China Agritech, a Ninth Circuit panel held that a pending putative class action in which class certification is ultimately denied tolls the statute of limitations as to claims that previously...
Masuda, Funai, Eifert & Mitchell, Ltd.
The United States Supreme Court, in an unanimous decision, held that, as long as the receiving country has not objected via the Hague Convention and the applicable U.S. procedural law to the suit...
Womble Carlyle
On Tuesday, June 6, Womble Carlyle's International Arbitration Team organized an event for clients who are involved in international business transactions and may need assistance in drafting...
Akin Gump Strauss Hauer & Feld LLP
The case involved a group of Xbox owners that had brought a putative class action against Microsoft based on an alleged design defect in the device.
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Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
Vedder, Price P.C.
On April 25, 2017, the U.S. District Court for the Northern District of Illinois issued an order denying the plaintiffs' motion to compel Calamos Investment Trust, a Massachusetts business trust,...
Morrison & Foerster LLP
Two common themes run through the cases we have chosen for this month's bid protest roundup.
McDermott Will & Emery
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state...
Schwartz Law
If you lose and the insurance company has a claim against you, it may get the benefits it paid you back from you.
Reed Smith
For those of us who spend large chunks of our professional lives in mass tort MDLs, expressions like "settlement inventory" are ubiquitous
Reed Smith
A class action lawsuit recently settled with KT Health LLC and KT Health Holdings LLC ("KT Health").
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In an April 28, 2017 ruling on a motion to dismiss in the In re Valeant Pharmaceuticals International, Inc. Securities Litigation, the U.S. District Court for the District of New Jersey...
Kramer Levin Naftalis & Frankel LLP
This alert examines the Supreme Court's Impression Products decision, which expands the doctrine of patent exhaustion to sales outside the U.S. and confirms that the doctrine cannot be limited...
Moritt, Hock & Hamroff LLP
One generally does not think of municipalities, who are often sued under the Federal Fair Housing Act (FHA), as being plaintiffs in actions under that statute.
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