Mondaq All Regions: Litigation, Mediation & Arbitration
Carroll & O'Dea
The two special leave points were in respect of breach of the duty of care and vicarious liability of the State of NSW.
Fasken Martineau
In theory, solicitor-client privilege is constitutional or quasi-constitutional in nature, as it would be protected, depending on the circumstances, by either the Canadian Charter of Rights and Freedoms
Blaney McMurtry LLP
Based on an important recent decision of the Supreme Court of Canada, the situations in which harm caused to a shareholder could potentially expose a director to personal liability under section 241(3)...
Lerners
in August, but wanted to leave you with some reading for your summer vacation. The Court of Appeal dealt with a number of interesting issues in its June decisions, including pleading and certification matters in two different class actions, whether a taxi company can be held liable for a driver's assault on a passenger, enforcement of foreign judgments under the federal Justice for Victims of Terrorism Act, and the importance of expert witness objectivity.
Blake, Cassels & Graydon LLP
The Ontario Superior Court of Justice recently dismissed a proposed class action arising out of the collapse of a manufacturing facility in Bangladesh.
Orrick
On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance.
S.S. Rana & Co. Advocates
Oftentimes it can be perceived that while technology progresses at an exponential rate, a majority of the world is still left to play catch-up. But this time, the same cannot be said about the Judiciary in India.
S.S. Rana & Co. Advocates
The Learned Magistrate after taking cognizance of offences in a complaint filed by the Complainant, alleging commission of offences punishable under Ss. 386, 406, 409, 420 and 120B of the IPC.
Beale & Company (Middle East)
Pursuant to these rules, parties to a DIAC arbitration are free to agree in writing on the seat of arbitration.
Baker Botts L.L.P.
DIAC appointed an arbitrator who heard the case and issued an award in the claimant's favour.
Sheppard Mullin Richter & Hampton
As the Rolling Stones famously sing, "You can't always get what you want." And in the ever treacherous world of the Telephone Consumer Protection Act ("TCPA"), ...
Sedgwick LLP
Last week, we reviewed the data from Justice Theis' participation in oral arguments in civil cases since she joined the Court in 2010. This week, we turn our attention to Justice Theis' record in...
Sedgwick LLP
Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts.
Foley & Lardner
On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context.
K&L Gates
On remand from the Eighth Circuit, the United States District Court for the District of Minnesota recently recertified a data breach settlement class over an objector's assertion of an intraclass conflict.
Miles & Stockbridge
A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff's alleged injuries is in dispute.
Sedgwick LLP
Yesterday, we reviewed Justice Theis' question patterns in criminal cases between 2010 and 2016. Today, we ask what it's possible to infer when Justice Theis asked the first question in criminal cases.
Lewis Brisbois Bisgaard & Smith LLP
Appellant, Crystal Seafood Company, Inc. appealed an order of the lower holding the seafood processing company and two of its officers jointly and severally liable for a $1,034,228.42 payment received...
Lewis Brisbois Bisgaard & Smith LLP
The e-mail from counsel for Defendants/Cross-claimants/Appellees, Thomas Keaty Jr. and Fair Hills Farms, LLC read, in part: "After much thought, my clients have agreed to the settlement proposal...
Carlton Fields
As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and regulators...
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Norton Rose Fulbright Australia
Given the proliferation of such marketing class actions in the United States, this could be a growth area in Australia.
Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
Ogier
The appointment of a provisional liquidator is not often pursued as the practical implications are draconian: directors lose the ability to control and manage the company's affairs.
Holding Redlich
This newsletter includes summaries and links to media releases relating to immigration issues in Australia.
BLC Robert
What systems of law are used within your jurisdiction and what are they used for (i.e. English law for project development, New York law for high yield issues)
Reed Smith
The Supreme Court decided "the big one" today – and not to keep anyone in suspense [the big one is a major earthquake in California mass tort litigation]...
Lewis Brisbois Bisgaard & Smith LLP
In Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court's judgment...
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
Dentons
In the recent New South Wales Court of Appeal decision Port Macquarie-Hasting Council v Diveva, the Court considered the contractual interpretation of a renewal clause.
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