Mondaq USA: Litigation, Mediation & Arbitration
Arnold & Porter Kaye Scholer LLP
Welcome to the latest installment of "And Now A Word From The Panel," a column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation as it meets on a bimonthly basis...
Foley & Lardner
As its term drew to a close, the Supreme Court handed down its latest decision on personal jurisdiction in a case entitled Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty.
Proskauer Rose LLP
When a contract awards attorneys' fees to one party in a contract action, California Civil Code § 1717 intervenes by a) directing the attorney's fees to the prevailing party, regardless of the party awarded fees in the contract, and b) requiring the court to fix the attorney's fees as an element of the costs of suit.
Reed Smith
There is always a level of uncertainty when a case gets remanded from an MDL. New judge; new interpretations of prior rulings; new rulings. It can be the cause of much anxiety on both sides.
K&L Gates
In the two cases underlying this opinion, homeowners sued State Farm alleging underpayment of their insurance claims.
K&L Gates
Although Defendant imposed a litigation hold 2 weeks after the relevant complaint was filed, it did not specifically address web browser history.
K&L Gates
A lawyer's ethical duty of competence extends to the manner in which he provides legal services to the client as well as the lawyer's substantive knowledge of the pertinent areas of law.
K&L Gates
All civil cases in these jurisdictions, except those exempted by the program's Standing Order, will be subject to the provisions of the program.
K&L Gates
The court instructed counsel in this case to meet to reach an agreement on the method by which ESI would be produced.
Lewis Brisbois Bisgaard & Smith LLP
Recently, the California Supreme Court issued an opinion analyzing the nexus a defendant must show between a challenged claim and the defendant's protected activity for the claim to be struck...
Lewis Brisbois Bisgaard & Smith LLP
The Second District Court of Appeal, Division Five (Los Angeles) recently issued an opinion regarding a claim for breach of fiduciary duty in a legal malpractice case.
Lewis Brisbois Bisgaard & Smith LLP
Recently, the First District Court of Appeal (San Francisco) issued an opinion in a writ proceeding determining whether an employer law firm or a former attorney employee is the holder of the attorney...
Lewis Brisbois Bisgaard & Smith LLP
The Court of Appeal, Fourth District, Division Three (Santa Ana), issued a recent opinion analyzing the scope of the State Fund ethical rule for inadvertently disclosed, privileged information.
On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it...
Sheppard Mullin Richter & Hampton
As the Rolling Stones famously sing, "You can't always get what you want." And in the ever treacherous world of the Telephone Consumer Protection Act ("TCPA"), ...
Sedgwick LLP
Last week, we reviewed the data from Justice Theis' participation in oral arguments in civil cases since she joined the Court in 2010. This week, we turn our attention to Justice Theis' record in...
Sedgwick LLP
Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts.
Foley & Lardner
On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context.
K&L Gates
On remand from the Eighth Circuit, the United States District Court for the District of Minnesota recently recertified a data breach settlement class over an objector's assertion of an intraclass conflict.
Miles & Stockbridge
A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff's alleged injuries is in dispute.
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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...
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]...
Lewis Brisbois Bisgaard & Smith LLP
In Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court's judgment...
Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
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 ...
Ogletree, Deakins, Nash, Smoak & Stewart
On January 27, 2017, President Trump issued Executive Order 13769, entitled "Protecting the Nation from Foreign Terrorist Entry Into the United States," (EO1), which went into effect immediately.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 16-712, to consider "[w]hether inter partes review
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
Carlton Fields
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
Holland & Knight
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings.
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