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Ninth Circuit Stresses District Court's Duty To Weigh Competing Expert Evidence At Class Certification

McGuireWoods LLP

At class certification, the parties' experts disagreed on whether a sufficient portion of the proposed class had been harmed by the alleged scheme.

Alleged Emergency Room Advanced Professional Practitioner Billing Scheme FCA Case Proceeds

McGuireWoods LLP

The relator claimed that the volume of patients reflected in this screenshot would have been physically impossible for the relator to have treated during the designated time period.

Colleges Should Brace For Next Phase Of COVID-19 Class Actions

McGuireWoods LLP

Plaintiffs also allege the transfer of personal information violated "their federal constitutional rights" pursuant to 42 U.S.C. § 1983.

Personal Jurisdiction – An Effective Defense As Illustrated By The Southern District Of New York In Dismissing Ponzi Litigation

McGuireWoods LLP

In a recent decision in Anderjaska v. Bank of America, N.A., et al., the Southern District of New York decided that three national banks were not subject to general jurisdiction in New York for allegedly aiding and abetting a Ponzi scheme.

Litigation Finance Waterfalls

Rimon P.C.

A key term in pricing for litigation finance (sometimes called litigation funding) is the order of priority in which litigation proceeds are paid to parties with an interest in the matter including...

"True Sales" In Litigation Funding Agreements

Rimon P.C.

An issue that keeps some litigation funders up at night concerns the possibility of a claimant filing for bankruptcy after receiving funding and before their underlying case is resolved.

Litigation Continues To Progress As Title III Of The Helms-Burton Act Stumbles Into Its Third Operative Year

Arnold & Porter

Congress passed Title III of the Helms-Burton Act in 1996 to scare investors away from Cuba by allowing US nationals to sue any persons or entities that "traffic" in property confiscated by the Castro regime.

Pro Bono Client Released From Prison Without Retrial

Jenner & Block

On May 6, our client Kenneth "Ken" Smith was released from state prison after serving 19 years for a murder and robbery that he did not commit.

Where Do We Go From Here? The Future Of Virtual ADR (Podcast)

JAMS

In this podcast, these neutrals reflect on the transition to virtual mediation and discuss the benefits of virtual proceedings, offer insights to ADR professionals who are entering the virtual...

2020 Updated To The IBA Rules: Modest Changes For Challenges New And Old

Troutman Pepper Hamilton Sanders

On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration ("IBA Rules").

Northern District Of Ohio Dismisses FDCPA Claim Based On A Lack Of Standing

Troutman Pepper Hamilton Sanders

In Shepherd v. Debt Recovery Sols. of Ohio, Inc., No. 3:20-cv-520 (N.D. Ohio Apr. 22, 2021), the court dismissed a putative class action alleging violations of the Fair Debt Collections Practices...

Servotronics, Inc. v. Rolls-Royce PLC: What The U.S. Supreme Court's Upcoming Decision On 28 U.S.C § 1782 Means For International Construction Arbitration

Troutman Pepper Hamilton Sanders

On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 ("Section 1782")...

How Likely Is A Unanimous Affirmance, District By District (Part 2 – 2000-2009)

Arnold & Porter

Today we're continuing our two-part analysis of each District of the Appellate Court's performance at the Supreme Court since 1990.

Governor Pritzker Vetoes HB 3360, But A Revised Version Will Soon Return To His Desk

Husch Blackwell LLP

HB 3360, vetoed by Gov. Pritzker on March 25, would have imposed 9 percent prejudgment interest on personal injury and wrongful death claims in Illinois.

New Complaint – Trinh Ngoc Pham V. The Church For The Healthy Self, A/K/A CHS Trust, Et Al.

McGuireWoods LLP

Trinh Ngoc Pham v. The Church for the Healthy Self, A/K/A CHS Trust, et al. is a putative class action filed in the Superior Court of California seeking damages related to a church-based investment...

Two Years Of Title III: Helms-Burton Lawsuits Continue To Face Legal Obstacles

Arnold & Porter

Congress passed Title III of the Helms-Burton Act in 1996 to scare investors away from Cuba by allowing US nationals to sue any persons or entities who "traffic" in property confiscated by the Castro regime.

The Difference Between Routine Document Destruction And Spoliation

Husch Blackwell LLP

In today's world, there is a tendency to believe that everything must be preserved forever.

Texas Court Allows FCA Case To Proceed Based On Purchasing "Future Referrals"

McGuireWoods LLP

In United States ex rel. Roshan v. E. Tex. Med. Ctr., 2020 U.S. Dist. LEXIS 252092, 2020 WL 8918651 (E.D. Tex. (Nov. 24, 2020)), a Texas federal court partially dismissed a relator's claim alleging...

Sixth Circuit Remands Price Gouging Case, Allows Kentucky AG To Resume Investigations

Proskauer Rose LLP

The Sixth Circuit issued its opinion in the Online Merchants Guild v. Cameron case on April 29, 2021, dissolving a preliminary injunction that had prevented the Kentucky Attorney General from...

Cook County Jury Trials To Resume

Jenner & Block

After nearly thirteen months, civil jury trials in Cook County are set to resume.

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