Searching Content indexed under Litigation, Mediation & Arbitration by Paul Beavers ordered by Published Date Descending.
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Lit Alerts—September 2019
In Gemini Technologies, Inc. v. Smith & Wesson Corp., the Ninth Circuit held that a clause specifying Delaware as the forum for any disputes between the contracting parties was invalid
United States
10 Sep 2019
Lit Alerts—August 2019
In June, the US Supreme Court held in Knick v. Township of Scott that property owners may file an inverse condemnation claim in federal court as long as they base their claim on the Fifth Amendment.
United States
9 Aug 2019
Lit Alerts—July 2019
The Second Circuit Court of Appeals recently affirmed the SDNY'S dismissal of suits against Bristol-Myers Squibb Co. and Pfizer Inc. on the ground that the suits asserted state-law claims that were preempted by the FDCA.
United States
5 Jul 2019
Lit Alerts—April 2019
In Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019), the US Supreme Court ruled that attorneys must strictly adhere to Federal Rule of Civil Procedure 23(f)'s 14-day deadline to appeal a class certification order.
United States
10 Apr 2019
Lit Alerts—February 2019
In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1212, Justice Kavanaugh delivered his first written opinion for the Supreme Court.
United States
13 Feb 2019
Discovery: Southern District Of Alabama Determines That Videotaped Depositions Of European Union Citizens Do Not Necessarily Violate GDPR
However, the court did order that the video recording of the deposition not be publicly disclosed or utilized in any other investigation or litigation.
United States
27 Dec 2018
Lit Alerts—November 2018
In August,the Ninth Circuit held that a district courts local rule that set a strict deadline for filing a class certification motion is incompatible with the flexible Federal Rules of Civil Procedure
United States
8 Nov 2018
Lit Alerts—October 2018
The Massachusetts Supreme Judicial Court recently reversed a lower court's decision holding that two insurance firms were not required to pay for the defense of their insured, Vibram USA, Inc., in a civil suit...
United States
10 Oct 2018
Lit Alerts—June 2018, Vol. 2
month, a three-justice panel of the California Court of Appeal affirmed a trial court's order denying Uber's motion to arbitrate claims brought by a Lyft driver who also drove for Uber.
United States
9 Jul 2018
Lit Alerts—May 2018
In Garcia v. Mercedes-Benz USA, Inc., a California Court of Appeal declined to award attorney's fees to a plaintiff pursuant to the Song-Beverly Consumer Warranty Act (the Act) when the plaintiff claimed...
United States
8 May 2018
Lit Alerts—April 2018, Vol. 2
In Wescott Electric Co. v. Cincinnati Insurance Co., the Eastern District of Pennsylvania ruled that it would not add terms to an insurance policy even though the terms were contained in a different insurance policy ...
United States
13 Apr 2018
Discovery: S.D.N.Y. Finds "No Foundation" To Impose Spoliation Sanctions Under Federal Rule 37 Where No Evidence Was "Lost"
Notably, the defendant did not dispute the authenticity of the plaintiffs' screenshots.
United States
6 Nov 2017
Personal Jurisdiction: Subpoena To Foreign Bank Quashed On Due Process Grounds
The Southern District of New York recently quashed a subpoena seeking documents from the Commonwealth of Australia and New Zealand Banking Group Limited for use in a foreign arbitration proceeding.
United States
6 Oct 2017
Consumer Class Actions: Lawsuit Alleging Consumers Are Misled As To Beer's Brewing Location Survives Motion To Dismiss
Last month, the US District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action brought by beer consumers.
United States
6 Oct 2017
Attorney's Fees: Seventh Circuit Disapproves Increase In Fees Award Based On Case's Novelty Or Complexity
A magistrate judge in the Northern District of Illinois awarded class counsel $4,770,834, or 1.75 times the amount actually billed.
United States
20 Sep 2017
Inadvertent Production: Federal District Court Finds Waiver Of Attorney-Client Privilege Despite Clawback Agreement
As a threshold matter, the court first confirmed that the forty-three documents at issue were in fact privileged, and that their disclosure was inadvertent.
United States
20 Sep 2017
Right Of Publicity: Northern District Of California Dismisses Lawsuit Over NFL Players' Likenesses In Sports Video Game
EA sought summary judgment on the plaintiffs' § 3344 claims on the ground that EA had not used the players' likenesses, as defined in § 3344.
United States
20 Sep 2017
White Collar: Second Circuit Limits Judicial Oversight Of Deferred Prosecution Agreements
The Second Circuit also revisited judicial oversight of DPAs generally.
United States
10 Aug 2017
Personal Jurisdiction: Missouri District Court Dismisses Out-Of-State Plaintiffs' Claims For Lack Of Personal Jurisdiction
Hence, the jurisdictional issue turned on whether the Court could exercise specific personal jurisdiction over the nonresident plaintiffs' claims.
United States
10 Aug 2017
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