Mondaq USA: Litigation, Mediation & Arbitration
Foley & Lardner
Justice Neil Gorsuch's confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The U.S. Supreme Court‘s 2017 term begins October 2nd and we will be tracking at least three cases relevant to institutional investors
K&L Gates
In Terramar Retail Centers, LLC v. Marion #2-Seaport Trust U/A/D/ June 21, 2002, Civil Action No. 12875-VCL (Del. Ch. August 18, 2017), the Delaware Court of Chancery denied an out-of-state...
McDermott Will & Emery
The prevailing cross-border system for dispute resolution —international arbitration— is often more predictable and less expensive than litigation. Enforcing a foreign award can, however, be arduous...
Akin Gump Strauss Hauer & Feld LLP
The complaint alleges that, when John Doe was a sophomore at Case Western in 2014, he engaged in consensual sexual activity with a female freshman he was dating.
Jones Day
In May 2017, the Second Circuit rejected an attempted class action lawsuit that sought to hold a retailer liable for allegedly overcharging sales tax.
Reed Smith
We previously addressed the in pari delicto doctrine, whereby a plaintiff injured in the course of his or her criminal conduct cannot recover for those injuries.
Womble Carlyle
Womble Carlyle attorney Allen O'Rourke recently helped a client recover more than $38,000 that had been stolen through an email fraud scheme.
Carlton Fields
U.S. Eleventh Circuit Court Of Appeals Week Of September 6, 2017
Carlton Fields
U.S. Eleventh Circuit Court Of Appeals Week Of September 11, 2017
Sedgwick LLP
Yesterday, we began our review of the individual Justices' voting records in death penalty cases, discussing the data on the percentage of the time each Justice voted with the majority in death penalty...
Reed Smith
Normally, when we think of decisions relating to medical monitoring, the issue is whether a state will recognize medical monitoring for uninjured people as a separate claim or relief that can be sought..
K&L Gates
In Buttonwood Tree Value Partners L.P., et al. v. R.L. Polk & Co., Inc., et al., the Delaware Chancery Court denied, in part, a motion to dismiss claims for breach of the fiduciary duty of loyalty..
K&L Gates
In this case, the court imposed an adverse inference against certain defendants for their failure to preserve text messages in the possession of a non-party, where the court found that...
Seyfarth Shaw LLP
In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit overturned a district court's approval of a class action ...
Sedgwick LLP
Earlier this week, we reviewed the data on the percentage of the time each Justice of the Illinois Supreme Court voted with the majority in death penalty cases.
Sheppard Mullin Richter & Hampton
In the past few years, class action lawsuits challenging privacy practices, particularly internet privacy practices, have expanded.
Cadwalader, Wickersham & Taft LLP
FINRA released a podcast summary of FINRA news, notices and compliance resources from August 2017 (see August 2017 Monthly Recap transcript). The podcast highlighted:
Sedgwick LLP
Yesterday, we began our analysis of the individual Justices' voting records in death penalty cases – specifically, how often each Justice voted with the majority.
Reed Smith
Last week we were going through the regulatory record of a drug that is now the subject of mass tort litigation.
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Jones Day
In a much-anticipated decision, on June 27, 2017, the Supreme Court of Delaware reversed the Chancery Court's ruling in Chicago Bridge v. Westinghouse.
Lewis Roca Rothgerber Christie LLP
In the trademark sense, is Lady Gaga famous for clothing? That is a question the Trademark Trial and Appeal Board sought to answer in the trademark opposition of Ate My Heart, Inc. v. Ga Ga Jeans Limited.
Carlton Fields
In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
Davis & Gilbert
Recent Supreme Court decisions will likely curb actions by non-practising entities, say Marc J Rachman, and Devin A Kothari.
Klein Moynihan Turco LLP
In a potentially groundbreaking decision, a U.S. District Court recently overruled the U.S. Patent and Trademark Office ("USPTO") and ordered the USPTO to register BOOKING.COM as a trademark.
Warner Norcross & Judd LLP
The facts, as alleged by Waymo, are fairly juicy and they implicate a plethora of legal issues beyond just trade secret misappropriation.
Morrison & Foerster LLP
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco City.
Reed Smith
On August 31, 2017, the Virginia Supreme Court issued a decision holding that a taxpayer can claim an exception to Virginia's intangible expense addback on the basis that the related member receiving the intangible payment is ...
Fisher Phillips LLP
The Kentucky Supreme Court ruled today that wage and hour class actions for unpaid wages may be maintained in the state, the first-ever time such lawsuits have been ruled viable.
Holland & Knight
California Court of Appeal Upholds Trial Court's Decision Regarding Monterey County Development...
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