Mondaq USA: Litigation, Mediation & Arbitration
Hunton Andrews Kurth LLP
In a split decision, on March 1, 2019, the Texas Court of Criminal Appeals invalidated a significant provision of Texas's Open Meetings Act as unconstitutionally vague.
Day Pitney LLP
In Roe v. Flores-Ortega, 528 U.S. 470 (2000), the U.S. Supreme Court held that when an attorney ignores his or her client's directive to file an appeal after a guilty plea or conviction at trial...
Rhoades McKee PC
In October of 2014, John Pugno, a Rhoades McKee client represented by Stephen Hulst, was injured when a stack of heavy cardboard fell on top of him while he was walking through Blue Harvest Farms' facility.
Reed Smith
At trial, the excess insurers prevailed.
Ogletree, Deakins, Nash, Smoak & Stewart
The U.S. Court of Appeals for the Fifth Circuit Court recently issued an opinion with major implications in In re: JPMorgan Chase & Company that impacts collective actions
Lincoln Derr PLLC
While numerous states have adopted the Uniform Interstate Depositions and Discovery Act, many have put their own twist on the Uniform Act; which also remains subject to each state's underlying laws regarding service, and discovery.
Gibson, Dunn & Crutcher
Vor einigen Wochen hatte der Bundesgerichtshof (BGH) Gelegenheit, erneut zu den Pflichten des Aufsichtsrats bei m˛glicher Organhaftung des Vorstands Stellung ...
Gibson, Dunn & Crutcher
Today, the Supreme Court held 9-0 that Federal Rule of Civil Procedure 23(f)'s 14-day deadline for filing a petition for permission to appeal ...
Arnold & Porter
In a story with a familiar start but a twist ending, an Arizona clinical laboratory recently faced two identical qui tam lawsuits by two separate relators.
Mayer Brown
The company's general counsel passes the subpoena to outside counsel to object and respond.
Lenny & Larry's is a fun brand – bold, colorful packaging with a distinctly '80s palette, goofy brand icon featuring the woofed-out hair of the founders, and lots of exclamation points in the copy.
Proskauer Rose LLP
Consumer advocates, defense attorneys, tort reformists, and trial judges are all eagerly awaiting a decision by the Ninth Circuit which all hope will clarify the process
Moritt, Hock & Hamroff LLP
A recent unanimous Supreme Court decision adds uncertainty to the application and enforceability of arbitration agreements in the transportation industry.
Seyfarth Shaw LLP
The Federal Rules of Appellate Procedure are generally liberal and allow the appellate courts a great deal of discretion: for example, FRAP 2 allows a Court of Appeals to "suspend any provision
Lewis Brisbois Bisgaard & Smith LLP
Miami, Fla. (March 5, 2019) – What if you determine that your company or insured has grounds to dismiss a state court complaint as well as a basis to remove the action to federal court?
For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms. See Fagerstrom v., Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015).
Jones Day
Complainants routinely file motions for summary determination of domestic industry at the ITC in the hopes of reducing the number of issues that must be addressed during the hearing.
Lewis Brisbois Bisgaard & Smith LLP
You've obtained an unfavorable trial court order, but you have no right to appeal. If you are in California, you are likely not without some relief.
Shearman & Sterling LLP
On February 26, 2019, the United States Supreme Court unanimously reversed a decision from the United States Court of Appeals for the Ninth Circuit
Akin Gump Strauss Hauer & Feld LLP
On February 26, 2019, the U.S. Supreme Court in Nutraceutical Corp. v. Lambert, No. 17-1094, unanimously held that Federal Rule of Civil Procedure 23(f)'s 14-day deadline for allowing parties to seek permission for interlocutory review of decisions.
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Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Jones Day
On the heels of the European Union's General Data Protection law, which went into effect in May 2018
Holland & Knight
The Centers for Medicare & Medicaid Services (CMS) on Nov. 1, 2018, published the Calendar Year (CY) 2019 Final Rule for the Medicare Physician Fee Schedule (PFS).
Butler Snow LLP
Many state legislatures across the country have enacted statutory measures to limit the amount of compensatory and/or punitive damages recoverable ...
Frankfurt Kurnit Klein & Selz
Amid lawsuits and FDA action, JUUL Labs said it will stop selling its fruit-flavored e-cigarette pods in retail stores and will discontinue its social media promotions.
Jones Day
Data privacy- and security-related class actions appear to be on the rise, and effectively defending them requires the right mix of substantive and procedural knowledge.
Holland & Knight
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute
Anderson Kill
Opioid producers and distributors have turned to their insurance companies for relief from litigation, triggering a fierce fight.
Proskauer Rose LLP
First, the court examined whether Nestlé deceived customers by failing to disclose alleged child and slave labor practices in its supply chain on product packaging.
Although traditionalists may prefer paper timekeeping logs, technology has come a long way in assisting attorneys in recording and tracking billable time.
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