Mondaq All Regions: Litigation, Mediation & Arbitration
Blaney McMurtry LLP
In a problematic and highly technical decision in Pennyfeather v. Timminco Limited, the Court of Appeal upheld the dismissal of a secondary securities market misrepresentation class action...
Borden Ladner Gervais LLP
The Quebec Court of Appeal has found the Canadian government's second attempt at creating a national capital markets regulator to be unconstitutional in its decision in...
Soteris Pittas & Co LLC
Minister of Justice, Mr. Ionas Nicolaou and Members of Supreme Court had decided for the Commercial Court to be set up and become operational from the beginning of 2018.
Nishith Desai Associates
The Delhi High Court (DHC), in its decision on 28 April 2017 allowed the enforcement of an LCIA arbitral award obtained by Docomo against Tata (Award), for a total sum of US$1.7bn in damages.
Dillon Eustace
The recent decision of the High Court in Dardis v Poplovka [2017] IEHC 249 highlights the fact that while costs generally follow the event the court can look behind the rule and exercise its discretion...
Mamo TCV Advocates
The Maltese Arbitration Act was meant inter alia to confirm in general the supremacy of the will of the parties to a contract containing an arbitration clause, to choose arbitration to the exclusion of ordinary courts
Clyde & Co
In a landmark decision, the Singapore Court of Appeal has adopted a new legal test to determine the standard of care in relation to the provision of medical advice.
Gowling WLG
A question often asked by clients about to embark upon litigation is whether they can gain access to their opponent's liability insurance information or policy to determine if they are 'good for the money'.
Hassan Elhais
While I was driving on a motorway in Dubai, a man hit my car from behind and I had to be taken to hospital.
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
BakerHostetler
Some wondered why the U.S. Supreme Court granted certiorari in Kindred Nursing Centers L.P. v. Clark, No. 16-32...
Gray Reed & McGraw LLP
You are a service company and you've been sued for a defective frac job. It looks scary but there's no detail in the petition and no certificate of merit is attached.
Carlton Fields
Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court's use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the rule violated the Federal Arbitration Act's ("FAA") equal treatment principle.
BakerHostetler
Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action...
Duane Morris LLP
As Justice Neil Gorsuch's confirmation hearings progressed in the early part of 2017, one of the most commonly discussed aspects of his legal background was his opposition to administrative deference.
Foley & Lardner
The U.S. Supreme Court's decision today in Midland Funding, LLC v. Johnson, 581 U.S. ___, No. 16-348, draws attention in passing to a peculiar feature of Wisconsin law on the effect of statutes of limitations.
Proskauer Rose LLP
The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client...
Mayer Brown
Today, the Supreme Court granted certiorari in one case of interest to the business community: Patents—Inter Partes Review : SAS Institute Inc. v. Lee, No. 16-96
Carlton Fields
This Week's Florida Appeals : Week of May 15 - 19, 2017
Sedgwick LLP
Yesterday, we looked at the court's experience with amicus briefs in criminal cases for the first half of our study period, 1994-2005. Today, we look at the data for the second half of the period.
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Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
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...
Morrison & Foerster LLP
Two common themes run through the cases we have chosen for this month's bid protest roundup.
Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
Blake, Cassels & Graydon LLP
On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp, the Court of Queen's Bench of Alberta provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court.
Blake, Cassels & Graydon LLP
On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system is in significant respects unconstitutional, although it ruled that the federal government's...
Cooper Grace Ward
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
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,...
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Norton Rose Fulbright Canada LLP
With the proliferation of so-called "fake news", companies are starting to rely on third party organizations to perform a "fact checking" function in order to distinguish between legitimate news and fake news.
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