Mondaq All Regions: Litigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Suncor refused production on the basis of privilege, and the application judge upheld this refusal.
Borden Ladner Gervais LLP
The Ecuadorian plaintiffs appealed all four decisions to the Ontario Court of Appeal.
Blaney McMurtry LLP
There were only two substantive civil decisions of the Court of Appeal this week.
Municipalities and other public bodies are charged with making decisions which have wide-reaching impacts across broad swaths of society.
Nishith Desai Associates
An arbitral tribunal has inherent power to recall its order of termination in the event of default in filing statement of claim.
Nishith Desai Associates
Recently, in N. Harihara Krishnan v. J. Thomas, the Supreme Court ("SC") has held that Section 1382 of the NI Act is self-contained, in so far as it creates an offence and prescribes necessary punishment.
Mason Hayes & Curran
Parties to a contract often agree that, in the event of a breach, the party that has committed the breach must pay the other party a specified sum of money.
Wynn Williams Lawyers
The Supreme Court has once more confirmed that litigation funding agreements are not themselves objectionable.
Brodies LLP
Brodies represented the defender in this case where the pursuer was ordered to pay the defender's expenses because his solicitors failed to engage in any settlement attempts and litigated prematurely.
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.
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.
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Gilchrist Connell
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Kott Gunning
Smartphones have made it easier to record life, with photographs, videos and audio recordings captured for evidence.
Norton Rose Fulbright Australia
The modern trend is towards cleaner simpler writing and less capitalisation, so perhaps lawyers should prefer lower case.
Disputes between shareholders can be costly and disruptive, so it is important that any disputes are resolved quickly.
Marque Lawyers
Rebel Wilson won her defamation case against the publishers of Woman's Day, over articles calling her a serial liar.
HHG Legal Group
The article notes high hopes for ODR, estimating that 20 percent of family law disputes could be resolved by the system.
It is critical to check whether service of documents by post will be recognised in the jurisdiction of the recipient.
K&L Gates
A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria.
Cooper Grace Ward
The draft bill proposes to introduce a court-appointed third party to be cross-examiner in family violence proceedings.
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