Mondaq USA: Litigation, Mediation & Arbitration
Smith Gambrell & Russell LLP
The Eleventh Circuit considered whether a bank could invoke an arbitration clause to block litigation when the bank had added the arbitration clause to its customer agreement by amendment while the litigation was in progress.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
As reported by our sister blog, ADR: Advice from the Trenches, a federal district court in New York held that an arbitrator could not certify a "class" that included non-appearing members.
Lincoln Derr PLLC
The frilled-neck lizard of Australia is a brownish-gray lizard. Nothing is special about it – until you scare it. I first saw the "frilled lizard technique" in the courtroom while trying a medical malpractice case against a highly reputable attorney ("Famous Lawyer"). Knowing we were up against one of the best, we worked tirelessly to prepare our star expert for what would certainly be a brutal cross-examination.
Reed Smith
Today's guest post is by friend of the blog Dick Dean, of Tucker Ellis.
WilmerHale
The sixth edition of Gary Born's International Civil Litigation in United States Courts, co-authored with Professor Peter Rutledge, has been published by Wolters Kluwer and is available for purchase.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
Hughes Hubbard & Reed LLP
Mary Bartkus, Special Counsel, has authored a paper titled "Six Class Actions for 16 Microliters: Eye Drop Litigation Reopens in New Jersey is Dismissed in Massachusetts, and is on Appeal to the First Circuit.
Proskauer Rose LLP
It was a tragedy. The 1977 plane crash that killed Ronnie Van Zant and Steven Gaines almost ended the band Lynyrd Skynyrd forever. In the wake of the crash, the survivors swore an oath never again to perform as "Lynyrd Skynyrd."
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In a series of articles over the past several months, we asked whether "class arbitration" — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S. jurisprudence.
Dentons
For many attorneys, interaction with the FBI and other law enforcement agencies is a completely foreign concept.
Carlton Fields
Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer.
Carlton Fields
A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime under the Fair Labor Standards Act (FLSA).
Carlton Fields
The Eastern District of New York recently held that a former class counsel's spouse was an inadequate class representative due to the conflict of interest created by the relationship.
Carlton Fields
FEMA denied a request by the Louisiana Department of Natural Resources ("LDNR") for assistance restoring barrier islands following Hurricanes Rita and Katrina.
Proskauer Rose LLP
Those who thought designating social media posts as "private" would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again.
Poyner Spruill LLP
We typically think an attorney-client relationship is something that has an unmistakable beginning.
Proskauer Rose LLP
Late last month, in Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., the Second Circuit affirmed a $2.7 million sanctions award against defendant ePRO after repeated instances ...
Holland & Knight
Witnesses give bad answers all the time. They forget things, they make mistakes, they lie. We talked in earlier columns ...
Carlton Fields
The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract containing an arbitration clause.
Carlton Fields
This Week's Florida Appeals (Week of February 12-16, 2018)
Most Popular Recent Articles
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott's emergency rule on generators and fuel, cautious senior living facility...
K&L Gates
In In re GR BURGR, LLC, C.A. No. 12825-VCS (Aug. 25, 2017), the Delaware Court of Chancery exercised its power under Section 18-802 of the Delaware Limited Liability Company Act to effect...
BakerHostetler
Claire Randall, heroine of the Starz smash hit time-travel bodice-ripper Outlander, finds herself torn from what she recognizes as reality and thrust into a confusing new demesne.
Proskauer Rose LLP
Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016...
Caplin & Drysdale
The Bipartisan Budget Act of 2015 fundamentally changed the rules by which partnerships, and entities taxed as partnerships (such as limited liability companies), interact with the Internal Revenue Service in an audit or litigation.
BakerHostetler
Bartosz Grabowski's world was rocked. In early December 2016, Grabowski entered a Dunkin' Donuts in Chicago, Illinois and purchased a glazed blueberry donut.
Foley Hoag LLP
If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue.
Lewis Roca Rothgerber Christie LLP
If you're thirsty and of legal drinking age, you are likely within a stone's throw of being able to enjoy the cadre of remedial tonics offered at a craft brewery.
Jones Day
In another noteworthy year for patent law, the U.S. Supreme Court and Federal Circuit issued a number of decisions that altered the patent landscape, including four Supreme Court decisions.
Reed Smith
On January 30, 2018, dissatisfied crypto token purchasers filed a class action lawsuit against Paragon Coin, Inc. ("Paragon") and founders Jessica VerSteeg and Egor Lavrov, ...
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