Mondaq All Regions: Litigation, Mediation & Arbitration
Devry Smith Frank LLP
In 2015, the families of the two victims of the 2012 Eaton Centre shooting received some semblance of closure, when Christopher Husbands, the shooter...
Devry Smith Frank LLP
It is undeniable that technology in today's society is progressing at a rapid pace, and as citizens of the world, we're all expected to keep up with it, whether that means having the most recent ...
McCarthy Tétrault LLP
The Ontario Superior Court of Justice recently delivered a brief decision which placed an important caveat on the enforceability of arbitration clauses.
S.S. Rana & Co. Advocates
On April 19, 2017, a two-judge bench of the Supreme Court bench passed their judgment in Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited and Ors.
Mason Hayes & Curran
A lis pendens (the Latin term for "litigation pending") is a registered burden indicating that litigation is pending in relation to an interest or estate in certain property.
Bennett Jones LLP
A recent England and Wales High Court decision has laid the groundwork for a new tortious cause of action.
Carlton Fields
A New York state trial court has denied a motion to stay arbitration in an action brought by plaintiffs, a private equity firm and its affiliate, against defendants, two of plaintiffs' former officers...
On June 6, 2017, in Kamal v. J. Crew Grp, Inc., the United States District Court for the District of New Jersey dismissed a plaintiff's second attempt to assert a claim for violations of the Fair...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
We recently began a series of articles in which we ask whether "class arbitration" — meaning the utilization of a Federal Rule of Civil Procedure 23 class action protocol in an arbitration proceeding...
Wilson Elser Moskowitz Edelman & Dicker LLP
I vividly recall attending the Bronx Bar Association Dinner last fall when it was announced that the CMS would ban pre-dispute arbitration provisions in nursing home admission agreements...
Holland & Knight
When redirecting examination, there are several factors to consider in order to refocus the jury on what you believe is important.
Reed Smith
Advertisers must remember that their products' containers and any representations thereon will be treated as advertisements and, thus, must be truthful and not deceptive.
Proskauer Rose LLP
On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering...
Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital's merger caused them to overpay for medical services. Arguing there is insufficient...
Foley & Lardner
A significant concern for any lawyer negotiating the settlement of a class action in California state court is crafting a settlement agreement that the court will ultimately approve
Holland & Knight
Attorney Dan Small joined Boston Public Radio to talk about the Michelle Carter case and verdict.
Proskauer Rose LLP
Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia's federal court of appeals.
Akin Gump Strauss Hauer & Feld LLP
On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held that California courts lack specific jurisdiction to entertain a nonresident's claims that are unrelated...
Jones Day
The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections.
Seyfarth Shaw LLP
John Mills authored a June 19 article in International Law Office, "Third Circuit holds post-petition filing of New Jersey construction lien violates automatic stay."
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Norton Rose Fulbright Australia
Given the proliferation of such marketing class actions in the United States, this could be a growth area in Australia.
The appointment of a provisional liquidator is not often pursued as the practical implications are draconian: directors lose the ability to control and manage the company's affairs.
BLC Robert
What systems of law are used within your jurisdiction and what are they used for (i.e. English law for project development, New York law for high yield issues)
Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
BSA Ahmad Bin Hezeem & Associates LLP
The United Arab Emirates (the "UAE") is a constitutional federation established in 1971 and composed of seven Emirates- Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Umm Al Quwain, Ajman and Fujairah.
Holding Redlich
The consultation paper suggests that Government will crack down on phoenix activity and corporate restructuring rorts.
Colin Biggers & Paisley
Parties who wish to draw a Jones v Dunkel inference should ensure they plead and/or particularise their case clearly.
Schwartz Law
If you lose and the insurance company has a claim against you, it may get the benefits it paid you back from you.
The counter-argument that this ‘objective' interpretation would, in the context of delay or failure by the superintendent to certify practical completion...
Pointon Partners
Lawyers and advisors who don't advise their clients to obtain tax advice may be found liable for professional negligence.
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