Mondaq All Regions: Litigation, Mediation & Arbitration
Lerners
April saw the court release decisions dealing with termination provisions in an employment contract, the requirements for registration as a status Indian, application of the law of misnomer in an action against a trade union, forfeiture of a deposit on a commercial real estate transaction, and fiduciary duties owed within a professional partnership
McCague Borlack LLP
In Humphreys v. Tebilcock, 2017 ABCA 116, the Court of Appeal allowed the applications dismissing the Plaintiffs' claims for long delay, reversing the chambers decision of the justice below.
Blaney McMurtry LLP
In a problematic and highly technical decision in Pennyfeather v. Timminco Limited, the Court of Appeal upheld the dismissal of a secondary securities market misrepresentation class action...
Nishith Desai Associates
The Delhi High Court (DHC), in its decision on 28 April 2017 allowed the enforcement of an LCIA arbitral award obtained by Docomo against Tata (Award), for a total sum of US$1.7bn in damages.
Dillon Eustace
The recent decision of the High Court in Dardis v Poplovka [2017] IEHC 249 highlights the fact that while costs generally follow the event the court can look behind the rule and exercise its discretion...
Clyde & Co
On 8 May 2017, Clyde & Co's Dubai office hosted a breakfast Q&A with Gary Born in collaboration with Hogan Lovells LLP and Middlesex University Dubai, moderated by Anne K. Hoffmann of...
Clyde & Co
In a landmark decision, the Singapore Court of Appeal has adopted a new legal test to determine the standard of care in relation to the provision of medical advice.
Hassan Elhais
While I was driving on a motorway in Dubai, a man hit my car from behind and I had to be taken to hospital.
Smith Gambrell & Russell LLP
In Abramyan v. State of Georgia, Case No. S17A0004 (decided May 14, 2017), the Georgia Supreme Court rejected a claim by Atlanta taxi cab drivers that a Georgia law allowing ride sharing services...
Schwartz Law
If you lose and the insurance company has a claim against you, it may get the benefits it paid you back from you.
Moore & Van Allen
As class action litigation has continued to proliferate, we have seen efforts to rein in the perceived abuses of the system on multiple fronts.
Foley & Lardner
For product liability and fraud actions in particular, this kind of reform would sharply curtail plaintiffs' ability to certify class actions.
Fenwick & West LLP
The Fair Credit Reporting Act was enacted to "ensure fair and accurate credit reporting, promote efficiency in the banking system, and protect consumer privacy."
Carlton Fields
In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank's motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause...
Kirkland & Ellis LLP
Seizures of multinational companies' assets in Venezuela have become all too common in recent years.
Foley & Lardner
On Monday, May 15, 2017, the Supreme Court issued its latest reminder to state and lower federal courts that they must treat arbitration agreements as equally valid as all other contracts.
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
BakerHostetler
Some wondered why the U.S. Supreme Court granted certiorari in Kindred Nursing Centers L.P. v. Clark, No. 16-32...
Gray Reed & McGraw LLP
You are a service company and you've been sued for a defective frac job. It looks scary but there's no detail in the petition and no certificate of merit is attached.
Carlton Fields
Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court's use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the rule violated the Federal Arbitration Act's ("FAA") equal treatment principle.
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Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
McDermott Will & Emery
On April 11, 2017, the US District Court for the District of Oregon sided with the Oregon Health and Sciences University (OHSU), finding that as an arm of the state...
Morrison & Foerster LLP
Two common themes run through the cases we have chosen for this month's bid protest roundup.
Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
Blake, Cassels & Graydon LLP
On March 31, 2017, in Geophysical Service Incorporated v. NWest Energy Corp, the Court of Queen's Bench of Alberta provided clarity on the principles of relevance and materiality in the context of questioning pursuant to part 5 of the Alberta Rules of Court.
Blake, Cassels & Graydon LLP
On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system is in significant respects unconstitutional, although it ruled that the federal government's...
Cooper Grace Ward
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
Vedder, Price P.C.
On April 25, 2017, the U.S. District Court for the Northern District of Illinois issued an order denying the plaintiffs' motion to compel Calamos Investment Trust, a Massachusetts business trust,...
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Norton Rose Fulbright Canada LLP
With the proliferation of so-called "fake news", companies are starting to rely on third party organizations to perform a "fact checking" function in order to distinguish between legitimate news and fake news.
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