Mondaq USA: Litigation, Mediation & Arbitration
Foley Hoag LLP
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries...
Sedgwick LLP
Yesterday, we began our review of the Court's experience with recusals in criminal cases. Today, we conclude our review with a look at the most recent years.
Carlton Fields
In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court...
Sedgwick LLP
Last week, we tracked the Court's experience, year by year, with recusals in civil cases. Recusals are potentially a serious issue in Illinois Supreme Court practice, since there's no provision for replacing...
Carlton Fields
The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation...
BatesCarey LLP
Jason P. Minkin, Jonathan A. Cipriani, and Nicole M. Gallagher have published an article in the Kluwer Arbitration Blog entitled "Federal Court Upholds P&I Club's Coverage Determination as Valid, Binding ADR Decision."
Barnes & Thornburg
The U.S. Court of Appeals for the Eighth Circuit recently declared that experts must, at the least, address obvious alternate causes and avoid contradicting themselves when submitting affidavits...
Morrison & Foerster LLP
These efforts, Plantronics asserted, were proof that it took the requisite responsible steps to preserve ESI and that it did not intend to deprive GN Netcom of evidence.
Carlton Fields
The Second Circuit recently affirmed a lower court's decision to vacate its earlier judgment enforcing a Malaysian-based arbitration award against the government of Laos where a Malaysian court...
Morrison & Foerster LLP
On July 24, 2017, the U.S. Court of Appeals for the Eighth Circuit affirmed a district court ruling that a shareholder of a fund of funds lacks standing under Section 36(b) of the Investment Company Act of 1940 ...
Carlton Fields
This Week's Florida Appeals - Week of August 7-11, 2017
Cadwalader, Wickersham & Taft LLP
By a vote of 231-190, the United States House of Representatives voted to approve a joint resolution (see previous coverage)...
Sedgwick LLP
Yesterday, we began our review of the Court's history with recusals, looking at the years 1994 through 2005. Today, we address the Court's recusals between 2006 and 2017.
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements.
Carlton Fields
The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel.
Sedgwick LLP
Earlier this week over at the Illinois Supreme Court Review, we reviewed the Illinois Supreme Court's experience with recusals in civil cases.
We have been following how California courts deal with the intersection of PAGA claims and individual arbitration agreements after Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) for some time.
K&L Gates
In this case, despite the existence of a clawback agreement (not an order) indicating that "[i]nadvertent production of privileged documents does not operate as a waiver of that privilege,"...
It has been a quiet year so far with regard to US Supreme Court decisions on arbitration-related issues. There have been, however, several recent cases that reflect the fact that US courts continue to wrestle with the application of concepts such as sovereign immunity, forum non conveniens, personal jurisdiction and comity as they relate to the enforcement of foreign arbitral awards, and, in particular, enforcement of awards against sovereigns.
Hughes Hubbard & Reed LLP
Hughes Hubbard led TC Heartland LLC to a decisive, 8-0 victory over Kraft Foods in the Supreme Court of the United States.
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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...
Venable LLP
The Court also held that an employer who informs its employees of their entitlement to a day of rest does not incur liability when those employees voluntarily elect to work.
Morgan Lewis
In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship.
Thompson Coburn LLP
The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees.
Foley & Lardner
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty.
K&L Gates
In Henry v. Phixios Holdings, Inc., C.A. No. 12504-VCMR (Del. Ch. July 10, 2017), the Court of Chancery, interpreting Section 202 of the Delaware General Corporation Law, ...
Reed Smith
In the wake of the defense wins during the last Supreme Court term in Bristol-Myers Squibb Co. v. Superior Court and BNSF Ry. Co. v. Tyrell, we're retiring the personal jurisdiction cheat sheet ...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., a district court ruling...
Volpe and Koenig, P.C.
In 2017, the Supreme Court will issue opinions on a wide range of important issues in intellectual property law.
Duff and Phelps
In this edition: U.S. tax court rules in favor of Amazon, U.S. tax reform and the effects on transfer pricing, OECD releases toolkit for identifying financial data in developing countries...
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