Mondaq USA: Litigation, Mediation & Arbitration
Carlton Fields
In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project...
Foley & Lardner
Last year the Wisconsin Court of Appeals threw businesses a curveball when it held that a contractual waiver of the right to a jury trial was unenforceable.
Lewis Brisbois Bisgaard & Smith LLP
The New York Court of Appeals last week rendered a very significant decision in O'Brien v. Port Authority that provides a stronger legal basis for defendants in a position to move and defeat...
Seyfarth Shaw LLP
In what is being billed as the "largest and strongest TCPA settlement in history," Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs' counsel a minimum of $15.26 million in attorneys' fees.
Butler Snow LLP
In 2014, Ricardo Agnant, a.k.a. "Maserati Rick," snuck into an NFL Regional Combine at the Miami Dolphins' training center. An NFL Regional Combine is a selective NFL-sanctioned event that provides aspiring NFL athletes a forum to showcase their talents.
Butler Snow LLP
The Tennessee Court of Appeals refused to let a litigant weasel out of a negotiated and binding agreement to settle disputed claims. Tim Grace v. Jeanna Grace d/b/a Grace Trucking.
Sedgwick LLP
Yesterday, we showed that between 2008 and 2016, an unusually high level of questions from Justice Garman indicated that she was likely writing an opinion.
Reed Smith
Plaintiff lawyers must be mighty allergic to federal court. They perform all sorts of maneuvers to avoid CAFA removal of mass actions. For example, they will artificially subdivide their cases...
Carlton Fields
Jersey Shore University Medical Center discharged a staff nurse employee for her actions when a female patient was assaulted by another patient in the nurse's assigned work area.
Ropes & Gray LLP
The SEC contends that disgorgement is not designed to punish, but instead serves to prevent a defendant from becoming unjustly enriched by violating the federal securities laws.
Arnold & Porter Kaye Scholer LLP
The issuance of an arbitral award in favor of the claimant may not be the end of the road to redress.
Carlton Fields
Under the specific facts of plaintiffs' request, the Ninth Circuit held that CAFA removal jurisdiction did not exist.
Sedgwick LLP
Yesterday, we began our retrospective of the tenure of Justice Kathryn M. Werdegar, who will retire on August 31, 2017.
Sedgwick LLP
Two weeks ago, we began our detailed analysis of the data on oral arguments in civil and criminal cases between 2008 and 2016.
Allen Matkins Leck Gamble Mallory & Natsis LLP
The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices...
Thompson Coburn LLP
The U.S. House of Representatives passed H.R. 985, the "Fairness in Class Action Litigation Act," on March 9, 2017. The bill would add eight new sections to the "Consumer Class Action Bill of Rights..."
Butler Snow LLP
Here in the Fifth Circuit, prisoner appeals still make up over forty percent of the court's caseload – with only a tenth of those appeals ultimately decided in favor of the prisoner plaintiff.
Lathrop & Gage LLP
The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential...
Lewis Brisbois Bisgaard & Smith LLP
Arbitration provisions have become fairly commonplace for a variety of reasons, including to minimize litigation costs and to keep disputes out of the public spotlight that can accompany litigation
Reed Smith
Charges of discovery abuse get thrown around frequently in product liability litigation. We have not done a scientific survey, but we guess that such charges are levied against the manufacturer defendants more often than against individual plaintiffs.
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Reed Smith
For those of us who spend large chunks of our professional lives in mass tort MDLs, expressions like "settlement inventory" are ubiquitous
Arnold & Porter Kaye Scholer LLP
In a motion to disqualify defense counsel in Harleysville Insurance Company v. Holding Funeral Home, an insurance coverage dispute, a Magistrate Judge in the Western District of Virginia held...
Fenwick & West LLP
On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int'l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter.
Seyfarth Shaw LLP
In a class action alleging that the criminal background policy of Washington D.C.'s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three classes...
Reed Smith
The UK held the first two hearings under its new opt-out class action procedure. The precise rules governing UK class actions will be developed over time from the general guidelines in the statute.
Reed Smith
We read Michelle Yeary's recent post about In re Fosamax Products Liability Litigation, ___ F.3d ___, 2017 WL 1075047 (3d Cir. March 22, 2017), with particular interest.
Lewis Roca Rothgerber Christie LLP
The Internet of Things (or "IoT") is a hot topic in privacy circles, given its rapid expansion among everyday consumer products.
Foley & Lardner
In Novartis v. Noven Pharmaceuticals, Inc., the Federal Circuit affirmed the USPTO Patent Trial and Appeal Board (PTAB) decisions invalidating certain claims of two Orange Book-listed Exelon patents.
Pryor Cashman LLP
Pryor Cashman successfully represented Warner Bros. Entertainment, CBS, Fox Broadcasting, Turner Broadcasting and Chuck Lorre Productions in a copyright infringement action...
Holland & Knight
Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments...
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