Mondaq USA: Litigation, Mediation & Arbitration
Day Pitney LLP
When faced with a novel issue of New Jersey law, the U.S. Court of Appeals for the Third Circuit has the ability to refer the question to the New Jersey Supreme Court.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A further motion to compel in a court with jurisdiction in the designated place of arbitration may still be necessary.
Seyfarth Shaw LLP
Seyfarth Synopsis: In September 2017, our blog posted a video highlighting an emerging class action litigation risk for employers – the Illinois Biometric Information Privacy, commonly known as "BIPA."
Foley & Lardner
Federal district courts are supposed to grant leave to amend a complaint "freely … when justice so requires." Fed. R. Civ. P. 15(a)(2).
Carlton Fields
Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent's president, asserting that he had not been fired...
BakerHostetler
California District Court construes Illinois's statute more broadly than Illinois's own courts do.
WilmerHale
Santiago Bejarano examines recent developments in investment arbitration in Latin America, in particular trends in award compliance by Latin American states, in this published by Commercial Dispute Resolution.
Reed Smith
Personal jurisdiction defenses, however, are waivable.
Shearman & Sterling LLP
On April 13, 2018, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed the dismissal of a putative class action against Deutsche Bank and certain of its officers...
Stradley Ronon Stevens & Young, LLP
Last year, plaintiffs filed an unprecedented 412 new federal class-action securities cases, meaning that the "likelihood of securities litigation against U.S. exchange-listed companies was greater in 2017...
Carlton Fields
This Weeks Florida Appeals: Week Of April 16 - 20, 2018
Carlton Fields
Last month the Seventh Circuit reversed a lower court order enforcing an arbitration agreement contained in cardholder agreement as applied against the minor daughter of the cardholder...
Duane Morris LLP
The manner in which small businesses can easily solicit orders and sell merchandise over the internet may soon end.
Duane Morris LLP
The manner in which small businesses can easily solicit orders and sell merchandise over the internet may soon end.
Foley Hoag LLP
On April 13, 2018, Massachusetts' highest court ended a significant chapter in Exxon's long-running dispute with Attorney General Maura Healey.
Seyfarth Shaw LLP
On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state's administrative procedure laws to remove "Chevron Deference," ...
Smith Gambrell & Russell LLP
On April 17, 2018, the Eastern District of California set aside a partial satisfaction of judgment at the request of client the National Grange of the Order of Patrons of Husbandry when it came to light that an...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
As reported by our sister blog, ADR: Advice from the Trenches, the Northern District of Illinois recently issued an unusual decision.
Mayer Brown
Only three months after AbbVie obtained a retrial of a case in which a jury had imposed $150 million in punitive damages without awarding any compensatory damages, a new jury awarded...
Hughes Hubbard & Reed LLP
On Feb. 19, Hughes Hubbard led a U.S. shipbuilder to a major arbitration victory against Venezuela's Defense Ministry when a tribunal awarded our client approximately $129 million ...
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Holland & Knight
While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 ...
Akin Gump Strauss Hauer & Feld LLP
The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA's prohibition against using automated dialing devices to make unsolicited calls to cellular telephones.
Shearman & Sterling LLP
The Court held that the complaint did not adequately allege facts giving rise to a strong inference of scienter.
Lewis Brisbois Bisgaard & Smith LLP
In January 2018, the Ninth Circuit in Batterton v. Dutra Group affirmed the lower court's decision ruling that punitive damages are awardable to seamen in unseaworthiness actions.
Wilson Elser Moskowitz Edelman & Dicker LLP
"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker, the lawyer has superior opportunity of being a good man. There will still be business enough."
WilmerHale
BNSF Railway Co. v. Tyrell redefined the contours of a court's jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have...
Dentons
By combining a knowledge of the legal requirements with practical considerations, attorneys can help ensure that they don't get into hot water over conflicts issues.
Foley & Lardner
Seventh Circuit Rule 30(a) requires an appellant to "append to [its] opening brief[] the judgment under review and its adjoining findings of fact and conclusions of law."
Lincoln Derr PLLC
As a Bar, we need to look after our flock. Like the penguins taking turns standing on the cold perimeter of the flock, we must all contribute to the greater good of our community. Dedication to pro bono work, Bar programs, teaching opportunities and professionalism is a shared responsibility.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank International, many practitioners have been confused about whether the presumption of validity and proof by clear ...
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