Mondaq USA: Litigation, Mediation & Arbitration
Proskauer Rose LLP
Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers.
Sedgwick LLP
The Court has decided forty-five civil cases which originated in the First District.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Amgen Inc. v. Sanofi, No. 2017-1480, the Federal Circuit reversed and remanded for a new trial because the district court (1) incorrectly excluded post-priority-date evidence regarding...
Troutman Sanders LLP
Effective October 7, New York law now authorizes state courts to seal nonviolent criminal convictions that are more than ten years old.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The USPTO regularly offers its Stakeholder Training on Examination Practice and Procedure for individuals who have recently passed the Patent Bar for the purpose of representing applicants before the USPTO.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Intellectual Ventures I LLC v. Motorola Mobility LLC, No. 16-1795 (Fed. Cir. Sept. 13, 2017), the Federal Circuit (among deciding other issues) reversed the district court's order denying JMOL...
Sedgwick LLP
Yesterday, we reviewed the year-by-year data for how the Court's civil caseload was distributed in the Appellate Court for the years 2004 through 2010.
Foley & Lardner
For some time now, however, there has been a split among the United States Courts of Appeals over what a party seeking class certification must demonstrate to meet the ascertainability requirement.
BakerHostetler
The Eleventh Circuit recently upheld an arbitration agreement in a consumer class action involving checking overdraft fees. In Johnson v. KeyBank N.A., 11th Cir. No. 15-10779 (Sept. 26, 2017)...
Proskauer Rose LLP
When drafting settlement agreements, most lawyers give due attention to the scope of any release clause.
Reed Smith
Somehow, the failure of the prescriber to pass along this pamphlet is the manufacturer's fault.
Reed Smith
A lot of time is spent in litigation on discovery. As tedious and non-exciting as it often is, cases can be won or lost depending on what happens during discovery.
Reed Smith
Bexis gave a talk the other day at the Washington Legal Foundation on personal jurisdiction after last term's United States Supreme Court decisions in Bristol-Myers Squibb Co. v. Superior Court, ...
Sedgwick LLP
We pointed out last week that according to the 1990 census, Cook County accounted for 44.66% of the state's population.
Reed Smith
Our blogging about the favorable California Risperdal preemption decision last week shook loose from that same case a subsequent denial of reconsideration of a summary judgment motion in favor of the defendant based on preemption.
Carlton Fields
The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement ...
Jones Day
In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite.
Mayer Brown
Stored Communications Act—Extraterritorial Application; Sherman Act—Rule of Reason
Andrews Kurth LLP
This article looks at whether, and to what extent, parties can make binding agreements in advance about how legal costs are to be allocated by a tribunal, and considers whether such agreements...
Carlton Fields
This Week's Florida Appeals – Week of October 9-13, 2017
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Sedgwick LLP
All of us who often speak and write about the ongoing revolution in data analytics for litigation have heard it from at least some of our fellow lawyers: "Interesting, but so what?"
Duane Morris LLP
On September 21, 2017, J&S Community Pharmacy, Inc., a neighborhood pharmacy located in Chicago, filed a lawsuit against Walgreens, pharmacy benefit manager (PBM) Prime Therapeutics, Blue Cross and Blue Shield of Illinois, and Health Care Services Corporation—the parent company of Blue Cross and Blue Shield of Illinois and a part owner of Prime Therapeutics
Troutman Sanders LLP
On September 20, 2017, a group of construction union trusts that operate in the New York City metropolitan area successfully obtained a $76 million award from a midtown construction firm...
Carlton Fields
Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the then-owner of the property ...
Mayer Brown
The Supreme Court kicked off its October 2017 Term yesterday with a spirited oral argument in the three cases involving the enforceability of arbitration agreements in employment contracts.
Ogletree, Deakins, Nash, Smoak & Stewart
Here is a brief summary of other noteworthy developments in recent months:
Reed Smith
A couple of weeks ago, we reported that, under pressure from the Drug and Device Law Rock Climber, we were headed to New York to see the Broadway production of Orwell's 1984.
Reed Smith
We're quite familiar with people who say one thing, when they think that's in their interest, and later when circumstances change, say something quite different.
Jones Day
Courts have repeatedly recognized that not all trading on material, nonpublic information runs afoul of insider trading law.
Lewis Brisbois Bisgaard & Smith LLP
The Court of Appeal held that the terms of the AIEs were ambiguous when interpreted in the context of the American Safety policies as a whole.
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