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Third Time's Not The Charm: Supreme Court Again Declines To Weigh In On Escobar's "Materiality" Standard
The Supreme Court denied a petition for certiorari last Monday in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., No. 17-5826 (6th Cir. June 11, 2018) ...
United States
5 Apr 2019
Seventh Circuit Agrees That Class Arbitrability Is A Gateway Question Presumptively For The Court, Then Apparently Ignores The Delegation Issue
The Seventh Circuit Court of Appeals has joined five other Circuits in determining, unremarkably, that class or collective arbitrability is a gateway question that is presumptively for the court to decide.
United States
4 Nov 2018
Is "Class Arbitration" An Oxymoron — Another Shoe Drops In The Second Circuit
In a series of articles over the past several months, we asked whether "class arbitration" — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S. jurisprudence.
United States
21 Feb 2018
Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The Subpoena Target
Under 28 U.S.C. § 1782, "[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . ."
United States
15 Feb 2018
Document Discovery From Non-Parties in Commercial Arbitration: Availability And Practical Considerations
Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts.
United States
6 Oct 2017
Expert Witness Summer 2017, Vol. 13, Issue 1
Logically, the expert is often the best person to help counsel identify the information that is relevant to formulating the expert's own opinion.
United States
28 Sep 2017
Enforcement Of International Arbitral Awards In The U.S. – Could A Court Abstain Due To "Inconvenience"?
And in any case, do the applicable international conventions afford U.S. courts the latitude to enforce arbitral awards in their discretion?
United States
29 Jun 2017
Supreme Court Holds That The Hague Service Convention Does Not Prohibit Service Of Process Abroad By Mail
For nearly thirty years, federal and state appellate courts have been split on the issue of whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and...
United States
7 Jun 2017
Keep On Truckin': Priority Rules Still Rule In Structured Dismissals
In 2015, Distressing Matters reported on the Third Circuit's decision in In re Jevic Holding Corp., wherein that panel ruled that, in rare circumstances, bankruptcy courts may approve the distribution...
United States
10 May 2017
A Primer For Enforcement In The U.S. Of Foreign-Issued Arbitration Awards (Courtesy Of The Second Circuit)
In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States of a foreign-issued arbitral award, ...
United States
5 May 2017
Proposed Class Action Fairness Act Could Negatively Affect Institutions' Securities Class Action Recovery
Recently introduced legislation pending before the U.S. House of Representatives attempts to make wide-sweeping reforms to the procedural rules governing class actions and, if implemented,
United States
6 Mar 2017
Away Game: Canadian Supreme Court Allows Superior Court Judges To Determine Settlement Motions Outside Of Their Home Provinces
In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior Courts have jurisdiction to hear motions in a different province...
12 Dec 2016
SEC Adopts Amendments Updating Its Rules Of Practice For Administrative Proceedings
On July 13, 2016, the SEC announced its adoption of several amendments that update the SEC's rules of practice governing its administrative proceedings.
United States
28 Jul 2016
Federal Rule 68 Loophole; Not So Fast, My Friend
As we recently blogged about, in January the U.S. Supreme Court rejected the Rule 68 ‘pick off' strategy in its Campbell-Edwald decision.
United States
19 Feb 2016
Court In BP Oil Spill Litigation Denies Standing For Special Purpose Entities Created Solely For Litigation
This Opinion was issued in one of the opt-out actions filed against BP stemming from the 2010 Deepwater Horizons oil spill.
United States
7 Feb 2016
Developments In Judicial Deference Of Administrative Agency Actions
In my post of April 2, Divided Supreme Court Restricts Provider Challenges to State Medicaid Rates, I wrote about the March 31st Supreme Court decision that providers may not sue in federal court over the adequacy of state Medicaid rates (See Armstrong v. Exceptional Child Ctr., Inc. ("Exceptional Child Center").
United States
24 Apr 2015
Massachusetts High Court Permits Compelled Decryption Of Seized Digital Evidence
A divided Massachusetts Supreme Judicial Court held that a court may compel a criminal defendant to provide the password to encrypted digital evidence.
United States
26 Jun 2014
Intellectual Property Alert: Federal Circuit Narrows Scope Of Patentable Business Methods
On October 30, 2008, the United States Court of Appeals for the Federal Circuit issued a long-anticipated en banc decision in the In re Bernard L. Bilski and Rand A. Warsaw appeal.
United States
14 Nov 2008
Public Finance Advisory: Taxpayers And One Amicus File Briefs In Supreme Court Municipal Bond Taxation Case
On September 21, 2007, respondents George W. Davis and Catherine V. Davis filed their brief in "Davis v. Kentucky Department of Revenue of the Finance and Administration Cabinet".
United States
24 Oct 2007
Public Finance Alert: Federal Appeals Court Rules Municipal Bond Insurer Lacks Standing For Securities Fraud Claims
On September 18, the U.S. Court of Appeals for the 11th Circuit, ruled that a bond insurer lacks standing to bring securities fraud claims in connection with the information on which it bases its decision to insure a municipal bond issue.
United States
24 Sep 2007
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