Mondaq USA: Litigation, Mediation & Arbitration
Reed Smith
A case from Douglas County, Nebraska, caught our eye this week for a couple of reasons. It's a great Daubert order in an Accutane case in Nebraska state court.
Lewis Brisbois Bisgaard & Smith LLP
Letters of Protection complicate accurate valuation and defense of cases involving bodily injury. When a person receives healthcare under a private health insurance plan or governmental insurance...
Miles & Stockbridge
This post provides an update on the status of Bell v. Foster Wheeler Energy Corp., pending in the United States District Court for the Eastern District of Louisiana . . .
Seyfarth Shaw LLP
On September 19, 2016, Ross Compton told police that when he noticed a fire in his Middleton, Ohio home, he hastily packed suitcases, broke a window with his cane, and pushed his bags out the window, at which point he carried them to his car.
Butler Snow LLP
So, were the new rules the game-changer many thought they would be as to ESI? Or has it been business as usual? My answer: "both."
Carlton Fields
Following the United States Supreme Court's decision in Spokeo Inc. v. Robins – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established for statutory purposes –
Carlton Fields
Nevertheless, several federal courts have used the same analysis that applies under Rule 23(g)(1) regarding the post-certification appointment of actual class counsel.
Reed Smith
We can't stand "cy pres" distributions of class action settlement funds to non-litigants. We've blogged about this benighted doctrine many times.
Carlton Fields
The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case...
Butler Snow LLP
A million dollars in damages for melted ice cream. Cruel and unusual punishment for having to listen to country music.
Kramer Levin Naftalis & Frankel LLP
For many years the sanctions available for the spoliation of electronically stored information (ESI) were largely similar in both the New York federal and state courts.
Anderson Kill
Rule 45 subpoenas also have advantages and disadvantages.
Anderson Kill
When asserted in federal court, the right to a jury trial is governed by federal law. Since the right to a jury trial is fundamental and highly favored, an express contractual waiver of a jury trial...
Jones Day
On February 8, 2017, the U.S. District Court for the Western District of Oklahoma dismissed the class action lawsuit brought by unsecured bondholders of Chesapeake Energy Corporation...
Holland & Knight
On Jan. 18, 2017, the U.S. Court of Appeals for the Seventh Circuit struck down Chicago's zoning regulations limiting shooting ranges to only a small portion of the city...
Duane Morris LLP
Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the Southern District of New York's decision...
Stites & Harbison PLLC
The 9th Circuit's refusal to set aside a preliminary injunction of President Trump's immigration ban made headlines recently.
Foley & Lardner
Trial judges must act as gatekeepers in evaluating the reliability of the proffered expert testimony and not simply let juries sort things out.
Andrews Kurth LLP
Procedural Posture: Defendants/accused infringers appealed preliminary injunction order. CAFC affirmed in part, vacated and remanded in part.
Arnold & Porter Kaye Scholer LLP
Mayer explains the significance of President Donald Trump's recent executive order challenging "sanctuary jurisdictions" and analyzes the basis for the city and county of San Francisco's recent lawsuit challenging the order.
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Seyfarth Shaw LLP
As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court's rulings have a profound impact on employers and the tools they may utilize to defend high-stakes litigation.
Anderson Kill
The New Jersey Supreme Court has affirmed the Appellate Division's pro-policyholder decision in Cypress Point, confirming broad coverage for construction defects.
Hughes Hubbard & Reed LLP
With the increasing appropriation of street art several of questions have arisen but are still unresolved by courts: Do street artists have copyright in their work?
Sedgwick LLP
Chanel, a billion-dollar fashion company that produces and sells luxury consumer products, identifies its products by the "Chanel" trademark and the "CC Monogram" trademark, which consists of two interlocking...
Troutman Sanders LLP
Lands' End, a Wisconsin-based clothing retailer, was named as a defendant in a putative class action filed January 4 under the Telephone Consumer Protection Act in federal court in Connecticut.
Foley Hoag LLP
With some cases, you just shake your head. In this case, a restaurant purveyor thought it would be okay to open a restaurant by the name of the "Krusty Krab."
Troutman Sanders LLP
On January 4, a defendant in a Fair Debt Collections Practices Act case moved for sanctions against the Consumer Financial Protection Bureau...
Clyde & Co
Washington's Supreme Court has held that the Federal Aviation Authorization Act of 1994 does not preempt state law product liability claims.
Reed Smith
Our weekly search for new drug/medical device cases for 1/13/17 turned up something unusual – not of particular substantive significance, but unusual. Two of the opinions included citations to Wikipedia.
Jones Day
EFH proposed to refinance first-and second-lien notes without paying "make-whole" premiums provided for in the governing indentures designed to compensate the noteholders for early repayment of their notes.
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