Mondaq All Regions: Litigation, Mediation & Arbitration
McCarthy Tétrault LLP
These tools should be considered by parties seeking enforcement in Ontario.
Gardiner Roberts LLP
Readers may recall that in R. v. Comeau, 2016 NBPC 3 in which we are acting for M. Comeau, the New Brunswick provincial court dismissed the charges against M. Comeau under s. 134(1)(b) of the Liquor Control Act...
Osler, Hoskin & Harcourt LLP
In R v. Perkins, the Court of Appeal for Ontario held that it did not have the jurisdiction to re-open a sentence appeal that had been heard on the merits.
Torkin Manes LLP
A recent decision of the Ontario Court of Appeal has now clarified the standard of review where an appellate Court considers the lower Court's interpretation of a contract.
McMillan LLP
The Civil Resolution Tribunal (the "CRT") is a unique online forum to address disputes in British Columbia. The CRT first began hearing strata disputes in July 2016 and is now poised to implement its second phase by introducing small claims disputes up to $5,000 beginning on June 1, 2017.
Goodman Derrick LLP
On 20 March 2017, the House of Lords EU Committee published a report entitled ‘Brexit: justice for families, individuals and businesses?' (HL Paper 134) (‘the report').
S.S. Rana & Co. Advocates
This initiative is motivated towards reducing the pendency of ongoing litigation in India and to reduce the burden on the Indian judiciary in order to facilitate speedy justice.
Chapman Tripp
The negligence claimant must also show that the loss suffered was within the scope of the defendant's duty.
Clyde & Co
Can a pursuer bring in a new case by amendment after the triennium has expired? It is a matter for the court's discretion, Lady Stacey reminds us in Sellar –v- Greater Glasgow Health Board [2017] CSOH 56.
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.
Sedgwick LLP
Justice Werdegar took her seat on the Court on June 3, 1994, replacing Justice Edward Panelli.
Carlton Fields
Companies faced different volumes of class actions in different practice areas than in past years.
Carlton Fields
This Week's Florida Appeals: Week of April 17-21, 2017
Wilson Elser Moskowitz Edelman & Dicker LLP
Melissa Murphy-Petros, Judy Selmeci and Michael O'Malley tackle the potential problems on appeal in "Overcoming the Weakness in a Summary Judgment Decision on Appeal" in the April 10, 2017, issue of the New York Law Journal.
Sedgwick LLP
Yesterday, we reviewed the data on Justice Burke's question patterns in criminal cases. Today, we ask a related question:
Proskauer Rose LLP
On March 27, 2017, the Commercial Division of the New York Supreme Courts updated its rule on trial length, giving judges the express authorization to impose time limits, at their discretion, on different phases of trial.
Stinson Leonard Street LLP
The New Jersey Supreme Court refused to allow a respondent to benefit from its refusal to pay arbitration fees in Roach v. BM Motoring, LLC, 2017 WL 931430 (NJ March 9, 2017).
Carlton Fields
As a condition to challenging enforcement or recognition of an arbitration award, the UK Supreme Court overturned a Court of Appeal decision which imposed a $100 Million security obligation on a New York Convention arbitral award debtor...
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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
Howie, Sacks & Henry
Life altering accidents can happen in an instant, but their effects can last months, years or a lifetime.
Affleck Greene McMurtry LLP
VW recently employed a quick settlement strategy to deal with the fallout from its admission, in September 2015, that it had installed software to cheat on emissions tests on 11 million diesel powered VW and Audi vehicles.
Luthra & Luthra Law Offices
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
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...
Sibenco Legal & Advisory
Information Governance and Data Governance are both important as the volumes of data held by organisations increase.
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.
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.
Khaitan & Co
By way of background, the Insolvency and Bankruptcy Code, 2016 was enacted with the primary objective to consolidate and amend the laws relating to reorganisation and insolvency resolution...
Rotfleisch & Samulovitch P.C.
Rectification is a remedy that can be sought when a legal document fails to reflect the intent of the parties to that document.
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