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.
Curated
Rethinking Expert Testimony: The Case For Concurrent Evidence
Expert testimony is often the center of gravity in life sciences and technology disputes because patent, licensing and other commercial cases often turn on specialized scientific or technical questions. Yet the traditional method of presenting expert testimony—one side presents its expert, the expert is examined and cross-examined and, days later, the opposing expert goes through the same process—is not always well suited to resolving these questions. By the time the second expert addresses a point made by the first, the tribunal is comparing testimony delivered at different times, in response to different questions and sometimes using different terminology or assumptions. And much of what the experts have to say is really not in dispute.
United States Litigation
J
JAMS
Article
Court Of Appeals Confirms CPLR 9802’s Notice Of Claim Obligations Apply To Counterclaims: A Shield Or A Sword?
A recent New York Court of Appeals decision demonstrates the strict consequences of failing to file a timely notice of claim under CPLR 9802 when pursuing contractual claims against incorporated villages. The case examines whether a village can assert this statutory defense after engaging in extensive litigation, and explores the narrow circumstances under which equitable estoppel might prevent enforcement of the notice requirement.
United States Litigation
FF
Farrell Fritz, P.C.
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Article
Motions To Dismiss Haven’t Stopped The CEMA Litigation Wave. So What’s The Defense Playbook Now?
Since the Washington Supreme Court’s decision in Brown v. Old Navy, retailers and consumer brands have faced an unprecedented wave of CEMA subject-line litigation.  Each case threatens existential exposure. Many defendants initially pursued a familiar strategy: seek dismissal of these cases at the pleading stage. The problem?
United States Litigation
B
Benesch Friedlander Coplan & Aronoff LLP
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Article
Apparently, “It Ends With … $407,000” A Blake Lively/Justin Baldoni Update For Employers
A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega
United States Employment
PR
Proskauer Rose LLP
Article
Lawsuit Against JPMorgan Executive Raises Question Of Defamation Of Defendants
Over the last few weeks, a lawsuit brought by a former JPMorgan Chase banker alleging sexual harassment and assault against the bank and a senior executive within its leveraged finance division has made headlines. The salacious complaint alleges that the executive subjected the plaintiff to sexual harassment, sexual assault, and retaliation during his employment. It also alleges that the bank defamed the plaintiff when it made derogatory claims about him to others in the financial services industry post-employment.
United States Litigation
RP
Reavis Page Jump LLP
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Article
Court Of Appeals Confirms CPLR 9802’s Notice Of Claim Obligations Apply To Counterclaims: A Shield Or A Sword?
A recent New York Court of Appeals decision demonstrates the strict consequences of failing to file a timely notice of claim under CPLR 9802 when pursuing contractual claims against incorporated villages. The case examines whether a village can assert this statutory defense after engaging in extensive litigation, and explores the narrow circumstances under which equitable estoppel might prevent enforcement of the notice requirement.
United States Litigation
FF
Farrell Fritz, P.C.
Article
Mortgage Trade Group Challenges New Jersey Disparate Impact Rules
On September 3, a national mortgage trade association filed a lawsuit in the U.S. District Court for the District of New Jersey challenging the state’s disparate impact rules under the New Jersey Law Against Discrimination. The complaint alleges that the rules violate the Equal Protection Clause if the Fourteenth Amendment and are preempted by the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA).
United States Consumer
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Sterling v. City Of Jackson And The Limits Of Substantive Due Process In Environmental Harm Cases
The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.
United States Litigation
AP
Arnold & Porter
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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
Due Process Post-Fuld And Statute Of Limitations For ICSID Cases
Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve
Worldwide Litigation
S
Steptoe LLP
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