Litigation Law, Mediation Law and Arbitration Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Video
The Class Action Weekly Wire – Episode 154: Ninth Circuit Reverses Denial Of Motion To Compel Arbitration In Airport Collective Wage Action (Video)
The Ninth Circuit's reversal in Cocom v. ABM Aviation provides crucial guidance for California employers on drafting enforceable arbitration agreements. This ruling clarifies how courts should interpret arbitration scope language and distinguishes problematic unlimited agreements from properly limited employment-focused ones. The decision offers practical lessons on avoiding unconscionability challenges while maintaining effective arbitration programs.
United States Litigation
DM
Duane Morris LLP
Article
How Far Is Too Far? Commercial Division Finds Gross Negligence But Declines To Strike Answer For Digital Spoliation
When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.
United States Litigation
FF
Farrell Fritz, P.C.
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Article
SCOTUS: FIFRA Preempts State Failure-to-Warn Tort Claims
The U.S. Supreme Court's decision in Monsanto Co. v. Durnell addresses whether federal pesticide labeling law preempts state tort claims alleging failure to warn about cancer risks not required by EPA. This landmark ruling resolves a circuit split and has significant implications for product liability litigation involving FIFRA-regulated pesticides. The decision clarifies the scope of federal preemption when EPA has affirmatively evaluated risks and approved product labeling.
United States Litigation
BD
Beveridge & Diamond
Article
New Jersey Court Analyzes Reasonable Reliance On Representation Made In Property Sale Dispute
A New Jersey court recently examined the critical role of reasonable reliance in fraud and negligent misrepresentation claims involving a commercial real estate transaction. The case centered on a buyer's allegations that they were misled about the number of apartment units that could be developed on a property site, raising important questions about when purchasers can legitimately rely on seller representations versus their own due diligence investigations. The court's analysis provides valuable guidance
United States Litigation
RD
Riker Danzig LLP
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Article
Freight Brokers And Risk Management In The Post-Montgomery World
The Supreme Court's Montgomery v. Caribe Transport II decision has eliminated a critical preemption defense for freight brokers, exposing them to state law negligence claims for hiring unsafe motor carriers. This ruling creates unprecedented litigation risk and insurance cost implications for both U.S. and Canadian freight brokers operating in interstate commerce, prompting the Transportation Intermediaries Association to petition for federal safety selection standards.
United States Transport
GR
Gardiner Roberts LLP
Article
How Far Is Too Far? Commercial Division Finds Gross Negligence But Declines To Strike Answer For Digital Spoliation
When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.
United States Litigation
FF
Farrell Fritz, P.C.
Article
Pennsylvania Superior Court Narrowly Interprets 'Non-Negligent Failure' Exception For Untimely Appeals
The Pennsylvania Superior Court has issued a critical ruling that significantly narrows the circumstances under which attorneys can obtain relief for missing appellate filing deadlines. This decision underscores the extremely high bar for securing nunc pro tunc appeals and highlights the limited exceptions available when procedural deadlines are missed.
United States Litigation
DM
Duane Morris LLP
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Curated
Foreign Sovereign Immunity In International Construction
For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
United States Litigation
J
JAMS
Article
Immunities And Defenses For Government Contractors, Part 1: Tort Claims
Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.
United States Government
WR
Wiley Rein
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