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Searching Content indexed under Litigation, Mediation & Arbitration by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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1
The Eleventh Circuit Remands AseraCare, But Affirms High Hurdle For Proving Falsity
In a highly anticipated opinion in the AseraCare case, issued on September 9, 2019, the Eleventh Circuit Court of Appeals affirmed the district court's holding
United States
16 Sep 2019
2
California Supreme Court Applies Notice-Prejudice Rule To Violation Of First-Party Consent Provision As A Predicate To Policy Forfeiture, But Confirms That No Prejudice Is Required To Enforce A Third-Party "No Voluntary Payments" Provision
On certified questions by the Ninth Circuit Court of Appeals, the California Supreme Court in Pitzer College v. Indian Harbor Insurance Company examined notice and consent provisions under both first-party and third-party coverage
United States
13 Sep 2019
3
Court Finds That "Care, Custody Or Control" Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite Supervision
McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019).
United States
13 Sep 2019
4
Endangered Species Act Rulemakings Face Immediate Challenge
On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the "Services") published final rules amending three important parts
United States
5 Sep 2019
5
Supreme Court Punts On Whether FCC's Interpretation Of The TCPA Binds Federal Courts
At the end of the Supreme Court's most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019).
United States
4 Sep 2019
6
One "Chirp, Buzz, Or Blink" Is Not Enough To Sue Under The TCPA
A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA).
United States
3 Sep 2019
7
Choose Your Forum Wisely: Save Your Arbitration Clause From California's Prohibition on Pre-Dispute Waivers of a Plaintiff's Right to Seek Public Injunctive Relief
The U.S. Supreme Court's ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California's class action bar when it held that the Federal Arbitration Act
United States
26 Aug 2019
8
Are No-Poach Agreements Becoming Extinct?
Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, "no-poach" agreements
United States
23 Aug 2019
9
Fifth Circuit Affirms Enron Broker Not Liable To Employee Stock Option Holders For False Or Withheld Information
Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws...
United States
23 Aug 2019
10
Court of Appeal Rules HERO Cannot Save Previously Vacated Rental Units
The Second District Court of Appeal rejected a California Environmental Quality Act challenge to a mitigated negative declaration for a 24-room boutique hotel (the "Project")
United States
22 Aug 2019
11
Spate of Recent False Advertising Class Actions Take On Animal Treatment Label Claims
In the last few months, a handful of class actions have been filed challenging label claims regarding the treatment of the animals providing the food item in question. This appears to be a new food
United States
22 Aug 2019
12
Eleventh Circuit Affirms Key Kickback Statute, Stark Law, And False Claims Act Principles In Dismissing Allegations Against HCA
On July 31, 2019, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to grant summary judgment to hospital operator HCA and dismiss relator Thomas
United States
20 Aug 2019
13
The NLRB Holds That Employers May Implement Class Waivers In Response To Class Claims And Discipline Employees Who Refuse To Sign Them
Although good news for employers, Epic Systems left a number of significant questions unanswered.
United States
19 Aug 2019
14
Commercial Division Justices Provide Dueling Approaches To Discovery Stays In State Court Securities Litigation
In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019),
United States
16 Aug 2019
15
New York Commercial Division Justices Provide Dueling Approaches To Discovery Stays In State Court Securities Litigation
In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019)...
United States
16 Aug 2019
16
Lack Of Standing Dooms Organizational Plaintiffs' False Advertising Claims; Such A Challenge Can Be Brought At Any Time
Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019)
United States
8 Aug 2019
17
Virgil Quick Come See: FCC Drives Down Local Government Regulation Of Cable Operators
On Thursday, August 1, 2019, the FCC took several actions to address persistent, decades-long efforts by local governments to convert their control over local rights-of-way
United States
8 Aug 2019
18
Supreme Court Takes Back Takings: Knick v. Township Of Scott
The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause.
United States
30 Jul 2019
19
Employers Can Now Stand Firmly On Not Paying Employees For The Cost Of Slip-Resistant Shoes
To avoid slip and fall accidents, BJ's required its restaurant employees to wear black, slip-resistant, closed-toe shoes. Employees were not required to wear a specific brand, style or design of shoes. Employees were permitted to wear their shoes outside of work.
United States
24 Jul 2019
20
Sovereign Wealth Funds – Preserving Sovereign Immunity
In order to minimize the risk of litigation arising from investments in the United States, sovereign wealth funds ("SWFs") should take care to avoid inadvertent or unnecessary waiver
United States
22 Jul 2019
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