Mondaq USA: Litigation, Mediation & Arbitration
Jones Day
The United States Supreme Court has issued an important decision rejecting California's effort to assert personal jurisdiction over nonresident corporations and curtailing the plaintiff's bar's efforts at forum shopping.
Reed Smith
The Supreme Court decided "the big one" today – and not to keep anyone in suspense [the big one is a major earthquake in California mass tort litigation]...
Jones Day
While most practitioners likely will not mind Judge Essex's time limit for opening arguments, the new page limits on pre-hearing briefs may have an impact on trial strategy.
Carlton Fields
This Week's Florida Appeals: Week of June 12 - 16, 2017
Mayer Brown
As many of our readers know, the Supreme Court will hear arguments next term in a trio of cases examining whether class waivers in employment arbitration agreements are enforceable under...
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
Mayer Brown
We've previously blogged about Bristol-Myers Squibb v. Superior Court ("BMS"), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an unusual ...
Foley Hoag LLP
Last week, everyone in Washington, D.C. was talking about the invocation of "executive privilege," the ability of a President to withhold information...
Morrison & Foerster LLP
On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy's marketing of an energy drink was misleading, finding that individual...
BakerHostetler
One of the difficulties of class action litigation that continues to vex employers is the frequent inability to obtain meaningful review of certification decisions.
Morgan Lewis
Instead, when class certification is denied―or a motion to strike class allegations is granted―plaintiffs are limited to seeking permission of the applicable US Court of Appeals...
Sedgwick LLP
Yesterday, we analyzed whether it's possible to infer Justice Thomas' vote and whether or not he's writing an opinion based upon the pattern of his questions in criminal cases.
McDermott Will & Emery
While an encouraging development, this decision is now on appeal to the US Court of Appeals for the Fifth Circuit and there are similar unresolved complaints in other jurisdictions.
Carlton Fields
Plaintiffs-Appellees brought suit against short-term lender PLS Financial Services, Inc., and PLS Loan Store of Texas, Inc. (collectively "PLS"), alleging the following scheme.
Morrison & Foerster LLP
Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here.
Fenwick & West LLP
The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under...
Sheppard Mullin Richter & Hampton
The U.S. Supreme Court has closed a loophole that class action plaintiffs in the Ninth Circuit had been exploiting to obtain immediate appellate review of a district court's denial of class certification.
Dickinson Wright PLLC
In the recent case of Frank v Linkner, ___ Mich ___; ___ NW2d ___ (2017), the Michigan Supreme Court clarified that a claim for member oppression under Michigan's LLCA, MCL 450.4101 et seq.,...
Morrison & Foerster LLP
These two decisions are expected to put a damper on the wave of class action suits being pursued in New Jersey federal court against e-commerce companies for technical violations of the TCCWNA.
BakerHostetler
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications...
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Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
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.
Reed Smith
A class action lawsuit recently settled with KT Health LLC and KT Health Holdings LLC ("KT Health").
Kramer Levin Naftalis & Frankel LLP
This alert examines the Supreme Court's Impression Products decision, which expands the doctrine of patent exhaustion to sales outside the U.S. and confirms that the doctrine cannot be limited...
Reed Smith
For those of us who spend large chunks of our professional lives in mass tort MDLs, expressions like "settlement inventory" are ubiquitous
Mayer Brown
We've previously blogged about Bristol-Myers Squibb v. Superior Court ("BMS"), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an unusual ...
Moritt, Hock & Hamroff LLP
One generally does not think of municipalities, who are often sued under the Federal Fair Housing Act (FHA), as being plaintiffs in actions under that statute.
Andrews Kurth LLP
On May 22, 2017, the United States Supreme Court granted certiorari in SAS Institute, Inc. v. Lee...
Ogletree, Deakins, Nash, Smoak & Stewart
The Sixth Circuit Court of Appeals—apparently unable to wait a few months for the Supreme Court of the United States to rule on the issue—has now cast its lot with the National Labor Relations Board (NLRB)
BakerHostetler
In Rivera v. International Trade Commission, Appeal No. 2016-1841 (Fed. Cir. May 23, 2017), the Federal Circuit affirmed the ITC's decision invalidating Rivera's patent under the written description...
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