Mondaq All Regions: Litigation, Mediation & Arbitration
Affleck Greene McMurtry LLP
On June 8, 2017, the Supreme Court of Canada denied leave to appeal from a decision of the Ontario Court of Appeal in Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP ...
Miller Thomson LLP
Miller Thomson LLP
In the May 5, 2017 decision of Biancaniello v. DMCT LLP, the Ontario Court of Appeal considered whether a release operated to bar a claim even though the claim was unanticipated and...
Clyde & Co
The Hong Kong Legislative Council has passed amendments to the Arbitration Ordinance to permit third party funding of arbitration in Hong Kong.
Khaitan & Co
The endeavour in the present article is to analyse and understand the Indian law concerning international arbitrations.
ENSafrica
The South African Constitutional Court has found that cabinet ministers can now be held personally liable for the costs of legal proceedings to which they are a party.
Ozgur Asik Law Offices
The adoption of Turkish International Arbitration Law 4686 in 2001 replaced the principle of reciprocity for a more all encompassing principle of "foreign element", ...
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.
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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...
Cooper Grace Ward
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
Vedder, Price P.C.
On April 25, 2017, the U.S. District Court for the Northern District of Illinois issued an order denying the plaintiffs' motion to compel Calamos Investment Trust, a Massachusetts business trust,...
Morrison & Foerster LLP
Two common themes run through the cases we have chosen for this month's bid protest roundup.
Blake, Cassels & Graydon LLP
On May 10, 2017, the Quebec Court of Appeal ruled that the proposed cooperative capital markets regulatory system is in significant respects unconstitutional, although it ruled that the federal government's...
Osler, Hoskin & Harcourt LLP
A recent decision of the Federal Court of Canada may have significant implications for how commercial parties conduct themselves.
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