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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.

Missouri House Of Representatives Passes HB 575, Imposing Residency Requirements And Banning Per-Signature Payments For Initiative Petition Calculators

Today, the Missouri House of Representatives passed House Bill 575, which contains two new provisions applicable to statewide initiative petition circulators.

United States Litigation

BC

Bryan Cave Leighton Paisner

Medical Monitoring Class Action Based On Mere Exposure To Lead Fails For Lack Of Standing

In February, a federal district court in western Pennsylvania dismissed an occupational lead exposure medical monitoring class action, holding that the plaintiff failed to allege an injury-in-fact sufficient to establish Article III standing.

United States Litigation

D

Dechert

Oregon Court Of Appeals Issues Three Different Defense Opinions

The first was Griffith v. Property and Casualty Ins. Co. of Hartford, where a homeowner submitted a fire loss and alleged the insurer did not pay the benefits owed quickly enough.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

En Banc Updates From The Federal Circuit

The U.S. Court of Appeals for the Federal Circuit conducted oral hearing en banc in EcoFactor v. Google (Appeal No. 31-1101) on March 13. The Court reconsidered the admissibility of expert testimony regarding patent damages.

United States Litigation

P

Patterson

The Class Action Weekly Wire – Episode 94: Key Trends In Products Liability & Mass Torts Class Actions (Video)

United States Litigation

DM

Duane Morris LLP

Nondisclosure: Iowa Supreme Court Weighs In On The Discovery Of Psychological Test Data

United States Litigation

NG

Nyemaster Goode

More Good News On Heckman: An Update On Mass Arbitration

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

RIP Overdraft Rule?

United States Litigation

KM

Katten Muchin Rosenman LLP

No Shot At Class Certification – Pennsylvania Federal Court Rules That Company Review Of COVID-19 Vaccine Exemption Requests Requires Individualized Inquiries Not Suitable For Class Treatment

United States Litigation

DM

Duane Morris LLP

Supreme Court Grants Cert And Reverses In Victories For Manatt Amicus Clients In Nazi Looting Cases

United States Litigation

MP

Manatt, Phelps & Phillips LLP

The Supreme Court Continues Its Recent Trend Of Rejecting DOJ's Broad Reading Of Federal Criminal Law In Thompson V. United States

United States Litigation

MB

Mayer Brown

President Trump Fires Remaining Democratic FTC Commissioners

United States Litigation

WS

Winston & Strawn LLP

What Happens After My Appeal? A Guide For Next Steps After Your Case Is Decided By The Court Of Appeals Of Virginia

United States Litigation

PC

Pender & Coward

Betz Interviews Marion County Commercial Court Judge Klineman

United States Litigation

TS

Taft Stettinius & Hollister

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Webinars

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Recorded on 4 Mar 2025 | 11:00 AM

Analysing Trends from Commercial Fraud Claims in England and Wales 2025

S

Stewarts

Recorded on 19 Feb 2025 | 4:00 PM

Recent Key Themes in Restructuring and Insolvency - Views From Ireland and the Cayman Islands

DE

Dillon Eustace

Recorded on 21 Jan 2025 | 3:00 PM

2025 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-House Profession from CCCA | Mondaq

TC

The Canadian Corporate Counsel Association

Recorded on 24 Oct 2024 | 3:00 PM

Legal Update: All Things Canadian Employment Law

MT

McCarthy Tétrault LLP

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Litigation Dispute Resolution

International Arbitration

Enforcement of Foreign Judgments

Highlighted Content

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes

United States Litigation

J

JAMS

Discovery Special Masters And Referees: A View From Both Sides

United States Litigation

J

JAMS

[PODCAST] JAMS Neutrals Discuss How Austin's Growth Is Shaping Dispute Resolution

United States Litigation

J

JAMS

AI's Double-Edged Role In Dispute Resolution

United States Litigation

J

JAMS

Avoiding Business Blunders: Tips For Entrepreneurs And Business Leaders

United States Litigation

J

JAMS

Recent Developments In The Enforcement Of ERISA Class Action Waiver And Arbitration Clauses

United States Litigation

J

JAMS

[PODCAST] Staying Ahead Of The Curve With AI-Related Disputes: Tailored Approaches In A Rapidly Evolving Legal Environment

United States Litigation

J

JAMS

Multiparty Mediations: Strategies For Success

United States Litigation

J

JAMS

Global Perspectives On Employment Disputes: Key Lessons From Cross-Border Cases

United States Litigation

J

JAMS

Arbitration & Dispute Resolution

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two mediators work together to solve disputes.

United States Litigation

J

JAMS

Mediation Reimagined: Harnessing Joint Mediation Sessions For Better Outcomes

When preparing for a mediation, counsel often pronounce that joint sessions are, at best, a waste of time. I disagree.

United States Litigation

J

JAMS

Discovery Special Masters And Referees: A View From Both Sides

Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system.

United States Litigation

J

JAMS

More Good News On Heckman: An Update On Mass Arbitration

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

The Consultant's Guide To Business Contracts

United States Commercial

TS

Taft Stettinius & Hollister

Check For NYC Reservations: Federal Court Of Australia Affirms India's Sovereign Immunity Against Recognition And Enforcement Of Non-ICSID Arbitral Award

Worldwide Litigation

SJ

Steptoe LLP

The Headless PAGA Saga Continues

United States Litigation

PR

Proskauer Rose LLP

Attention California Employers: Fourth Appellate District Denies Motion To Compel Arbitration In"Headless" Paga Action

United States Litigation

NF

Nukk-Freeman & Cerra

There Is No Right Path (Podcast)

United States Litigation

HK

Holland & Knight

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Intellectual Property

Streamlining Patent Litigation Through Non-Statutory Tools

Fueled by high financial stakes and the specter of injunctions, patent litigation is incredibly complex, expensive and can involve protracted battles at every step of the process.

United States IP

BW

Banner & Witcoff

Defining Words Appearing In Construction Of A Claim Term, Not The Claim Term Itself, Also Requires Following The Intrinsic Evidence

In Advanced Fiber Technologies (AFT) Trust v. J&L Fiber Services, Inc., No. 11-1243 (Fed. Cir. Apr. 3, 2012), the Federal Circuit revised the district court’s construction of a term appearing only in the court’s construction of a claim term, and therefore vacated SJ of noninfringement.

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

An Inventor’s Lack Of Credibility Can Lead To A Conclusion Of Intent To Deceive And A Finding Of Inequitable Conduct

In Aventis Pharma S.A. v. Hospira, Inc., No. 11-1018 (Fed. Cir. Apr. 9, 2012)

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Federal Circuit Reaffirms Broad And Expansive Obviousness Inquiry, Rejecting A Formal Burden-Shifting Framework

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

DJ Jurisdiction Exists Even If The Action May Later Become Moot

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

No Liability For Induced Infringement Where Drug Label Does Not Instruct the Patented Method Of Use

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Federal Circuit Has Jurisdiction Over State Law Fraud Claim Arising Out Of Patent Prosecution

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Federal Circuit Considers Transferred Patent-Related State Law Malpractice Case, But Questions Balance Between Federal And State Judicial Responsibilities

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Software-Related Means-Plus-Function Claims Found Indefinite For Lack Of Algorithmic Structure Corresponding To One Of Multiple Identified Functions

United States IP

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Healthcare/ Medical

D.C. Circuit Confirms Broader Applicability Of Net Loss Approach To FCA Damages Calculations

Last week, the D.C. Circuit held in "United States of America, ex rel. Davis v. District of Columbia", that in suits under the False Claims Act ("FCA") alleging false claims for Medicaid reimbursement, the calculation of damages must take into account the value of the medical services actually received.

United States Litigation

RG

Ropes & Gray LLP

First Circuit’s Oral Argument In "Rost" Revisits Prior Case Law Expanding False Claims Act Liability

On May 8, 2012, the United States Court of Appeals for the First Circuit heard oral arguments in "United States ex rel. Rost v. Pfizer, Inc." (10-2215).

United States Healthcare

RG

Ropes & Gray LLP

Restitution For Victims Of North Carolina's Involuntary Sterilization Program Does Not Mark The End Of American Eugenics Laws

On Tuesday, a task force in North Carolina concluded that it would request restitution of $50,000 from the North Carolina legislature to each of the estimated 1,500-2,000 living victims of the state's formal 45-year experiment with eugenics.

United States Healthcare

WL

Waller Lansden Dortch & Davis

A Tried And True Summary Judgment Option In Pharmaceutical And Medical Device Failure To Warn Cases

United States Litigation

DB

Drinker Biddle & Reath LLP

Bill To Undo Mensing Decision And Allow Patients To Sue Generic Drug Makers For Failure To Warn

United States Litigation

MF

Morrison & Foerster LLP

Supreme Court Allows Generics To Challenge Orange Book Use Codes In Hatch-Waxman Litigation

United States Healthcare

PH

Paul Hastings LLP

Sovereign Immunity Bars Suits For Damages Against States Under The FMLA’s Self-Care Provision

United States Employment

RK

Rumberger, Kirk & Caldwell, P.A.

Supreme Court Considers Healthcare Law - Day Three - The Severability Issue

United States Healthcare

DP

Day Pitney LLP

Supreme Court Considers Healthcare Law - Day Three - The Spending Clause Issue

United States Healthcare

DP

Day Pitney LLP

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Sovereign Immunity: Public Sector Government

Check For NYC Reservations: Federal Court Of Australia Affirms India's Sovereign Immunity Against Recognition And Enforcement Of Non-ICSID Arbitral Award

Recently, the Full Court of the Federal Court of Australia (Full Court) held that a foreign State was immune from Australian proceedings seeking to enforce an investor-state arbitral award...

Worldwide Litigation

SJ

Steptoe LLP

Supreme Court Limits Ability Of Bankruptcy Trustees To Pursue Fraudulent Conveyances Against The Government

In an 8-1 ruling issued March 26, the U.S. Supreme Court reversed the Tenth Circuit and sided with the U.S. government in finding that sovereign immunity bars bankruptcy trustees...

United States Insolvency

TC

Thompson Coburn LLP

Year In Review And Developments To Watch In Foreign Sovereign Litigation In U.S. Courts

In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act ("FSIA").

United States Litigation

W

WilmerHale

Reading The Tea Leaves: Supreme Court Dips Its Toe Into Brewing Federal Spending Fight

United States Litigation

HK

Holland & Knight

Supreme Court Limits Suits Against Foreign States Under FSIA Expropriation Exception

United States Finance

AP

Arnold & Porter

US Supreme Court Clarifies Availability Of US Forum For Victims Of Foreign State Expropriation

United States Litigation

JB

Jenner & Block

Supreme Court Issues Narrow Reading Of The FSIA's Expropriation Exception In Republic Of Hungary v. Simon

United States Litigation

W

WilmerHale

Second Circuit Decision Opens The Door To Anti-Terrorism Act Suits Against Foreign States

United States Government

AP

Arnold & Porter

Supreme Court Hears Oral Argument In Hungary v. Simon—The Court's Anticipated Decision Could Clarify Important Aspects Of The FSIA's Expropriation Exception

United States Litigation

FH

Foley Hoag LLP

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Latest Videos

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DMCAR Trend #8 – PFAS Inspires Forever Litigation (Video)

DM

Duane Morris LLP

The Class Action Weekly Wire – Episode 86: Post-Chevron: Challenges To Administrative Agencies' Authority (Video)

DM

Duane Morris LLP

Decoding Appeals, Episode 3: Life Cycle Of A SCOTUS Appeal (Video)

SS

Seyfarth Shaw LLP

In That Case: United States v. Rahimi (Video)

W

WilmerHale

In That Case: Department Of State V. Muñoz (Video)

W

WilmerHale

Upcoming Events

Defense Counsel: Obligations To Insured Clients And Insurers

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Successfully Defending A Class Action Lawsuit Isn’t As Hard As You May Think

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Taft Takeaways: Class Action Insights And Updates

United States Litigation

TS

Taft Stettinius & Hollister

The Future Of Artificial Stone Silicosis Epidemic Litigation And Current Cases

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Understanding The Basics Of A Class Action

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

ABA Reception At Del Frisco's

United States Litigation

CM

Crowell & Moring LLP

“Cocktails For A Cause” Fundraiser For Pace Women’s Justice Center

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Claims Handling Best Practices For Major Class Action Litigation

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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