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Cross-Plan Offsetting In The Balance: UnitedHealth Group, Inc. Petitions The Supreme Court To Allow Cross-Plan Offsetting; Response To Be Filed On Or Before July 31, 2019
In its decision, the Court concluded that UnitedHealth Group, Inc. ("United") was not authorized to engage in "cross-plan offsetting." What is cross-plan offsetting? It is a "self-help"
United States
16 Jul 2019
2
US Law Allows Discovery For Foreign Proceedings
Fearing the burdens of U.S. court litigation, many foreign companies doing business with American counter-parties insist on forum selection clauses that call for resolution of disputes outside of U.S. courts, ...
United States
5 Apr 2019
3
Pursuing And Responding To Discovery Requests Under 28 U.S.C. § 1782
A party who receives a subpoena under 28 U.S.C. § 1782 has several options for how to respond.
United States
3 Apr 2019
4
Northern District Releases Guidance For Class Action Settlements
This article originally appeared in the Los Angeles Daily Journal and San Francisco Daily Journal on November 28, 2018 ...
United States
6 Dec 2018
5
Lucia Is Likely To Have Little Impact On Waning FCC Adjudications
During its most recent Term, the Supreme Court held in Lucia v. SEC that the administrative law judges ("ALJs") that preside over adjudications at the Securities and Exchange Commission ("SEC")
United States
24 Jul 2018
6
Changing Of The Guard In The New York County Commercial Division
On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department.
United States
25 Sep 2017
7
In California, The Statutory Right To Seek Public Injunctive Relief Is Unwaivable
In arriving at its ruling, the Court distinguished between class action waivers and the waiver of the right to public injunctive relief.
United States
19 Apr 2017
8
Be Sure To Sue Before Your Defendant Moves: Appellate Division Finds No Jurisdiction Over Defendant Company After Sale Of Its New York Assets
In connection with CRD's judgment enforcement efforts against Euro-American and Mr. Cohen, CDR initiated a 2009 action against First Hotels, a Quebec corporation that Mr. Cohen created to purchase a condominium in Manhattan.
United States
22 Jul 2016
9
Mooting Plaintiff's Class Action Even After Plaintiff Refuses An Offer Of Judgment
For years, litigants have battled over whether a defendant's offer of judgment, which completely satisfies the plaintiff's individual claim, can moot a class action.
United States
5 Apr 2016
10
U.S. Supreme Court's Tyson Foods v. Bouaphakeo Opinion Reaffirms The Importance Of Challenging Plaintiff's Experts In Class Actions
On March 22, 2016, the United States Supreme Court decided Tyson Foods, Inc. v. Bouaphakeo, et al., a class action under Rule 23 of the Federal Rule of Civil Procedure and a collective action under the FLSA.
United States
5 Apr 2016
11
Supreme Court Holds That Rejected Rule 68 Offer Of Judgment Does Not Moot Class Action
On January 20, 2016, the United States Supreme Court rejected a strategy recently used by some defendants to defeat class actions in their infancy.
United States
5 Feb 2016
12
Not Taking "Yes" For An Answer: U.S. Supreme Court Rules That Unaccepted Offer Of Complete Individual Relief Does Not Moot Plaintiff's Individual Or Class Action Claim
On January 20, 2016, in a highly anticipated decision that will have implications for class action practice nationwide...
United States
22 Jan 2016
13
Clash Of Civil And Common Law: Case Guidance System v. Stare Decisis
On May 13, 2015, the highest judicial institution in China, the Supreme People's Court, issued the Detailed Rules of Implementation of the Provisions of the Supreme People's Court on Case Guidance Work...
China
30 Nov 2015
14
California Supreme Court Makes It Harder For Prevailing FEHA Defendants To Recover Their Costs
Under section 1032(b) of the California Code of Civil Procedure, "a prevailing party is entitled as a matter of right to recover costs in any action or proceeding" unless some statute expressly says otherwise.
United States
28 May 2015
15
Recent Ninth Circuit Decisions In False Advertising Consumer Class Action Cases May Prevent Preemption And Relegate The Primary Jurisdiction Doctrine To Second-Class Status
In two recent decisions, the Ninth Circuit either rejected or minimized the use of preemption and primary jurisdiction as defenses to allegations of false labeling of food and cosmetics.
United States
29 Apr 2015
16
The Second Circuit Holds That Comcast Does Not Require Automatic Denial Of Rule 23(B)(3) Class Certification In Cases Presenting Individualized Damages Issues
In Roach v. T.L. Cannon Corp., No. 13-3070-cv, 2015 WL 528125 (2d Cir. Feb. 10, 2015), the Second Circuit Court of Appeals held that Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), does not require district courts to first find that damages are capable of classwide measurement before certifying classes under Federal Rule of Civil Procedure 23(b)(3).
United States
4 Mar 2015
17
Keeping Up With The Commercial Division(s)
The past year has been a busy time for anyone keeping up with the Rules for the Commercial Division of the New York State Court System.
United States
 
2 Mar 2015
18
New Commercial Division Rule Seeks To Streamline Privilege Log Requirements For Litigants
The New York Supreme Court implemented a major change to the Commercial Division rules governing privilege logs submitted during the course of litigation.
United States
14 Oct 2014
19
The Commercial Decision Reviews Arbitrations: Three Recent Decisions Clarify Standards For Actions Brought Pursuant To Article 75 Of The CPLR
Several recent decisions by Commercial Division Justices, two of them affirmed by the First Department, have clarified the limitations and standards applied in actions brought pursuant to Article 75 of the CPLR.
United States
27 Mar 2014
20
Commercial Division Justices Oing And Scarpulla Participate In New Pilot Program
The New York Supreme Court, Commercial Division, has announced that two of its judges, Justices Oing and Scarpulla, will participate in a new program strongly encouraging use of hyperlinks in submissions to the Court.
United States
27 Mar 2014
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