Mondaq USA: Litigation, Mediation & Arbitration
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 . . .
Reed Smith
"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.
Jones Day
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.
Carlton Fields
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...
Carlton Fields
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...
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community: Bankruptcy Code—Structured Dismissals & Copyright Act—Useful Articles
Mayer Brown
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...
Carlton Fields
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...
Sedgwick LLP
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.
Carlton Fields
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.
Sedgwick LLP
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).
Carlton Fields
U.S. Eleventh Circuit Court of Appeals
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Arnold & Porter Kaye Scholer LLP
On February 15, 2017, the United States District Court for the Western District of Pennsylvania allowed a purported class action to proceed against Wyndham Hotels.
Sedgwick LLP
New York's highest court delivered one of the most notable opinions in years when it put a dent in the pro-rata regime for allocation of loss that occurs over multiple policy periods.
Hughes Hubbard & Reed LLP
Under the Amended Discovery Rules Requiring Proportionality, the District of Arizona Refused to Compel Bard to Search For Foreign Communications
Reed Smith
Back in 2013, inspired by a win of our own that we were actually allowed to blog about, we put up a post entitled "On Alternative Design."
Fenwick & West LLP
The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment...
Morrison & Foerster LLP
Welcome to the newest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media.
Sedgwick LLP
In December 2016, it came to light that the Chicago-based law firm of Johnson & Bell had been sued in a purported class action lawsuit brought in the United States District Court for the Northern District of Illinois.
Lewis Roca Rothgerber Christie LLP
YETI®, a well-known manufacturer of high-quality coolers and insulated tumblers, recently settled several lawsuits against cooler competitor RTIC involving allegations of trade dress infringement, patent infringement and ...
Hughes Hubbard & Reed LLP
On the Basis of the Learned Intermediary Doctrine, New Jersey Superior Court Dismissed 160 of 162 Plaintiffs in the Accutane MDL
McDermott Will & Emery
Microsoft filed an IPR petition with respect to a patent directed to providing a real-time preview of the impact of user commands on a document being edited.
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