Searching Content by Michael Kientzle ordered by Published Date Descending.
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Lit Alerts—September 2019
In Gemini Technologies, Inc. v. Smith & Wesson Corp., the Ninth Circuit held that a clause specifying Delaware as the forum for any disputes between the contracting parties was invalid
United States
10 Sep 2019
Lit Alerts—August 2019
In June, the US Supreme Court held in Knick v. Township of Scott that property owners may file an inverse condemnation claim in federal court as long as they base their claim on the Fifth Amendment.
United States
9 Aug 2019
Lit Alerts—July 2019
The Second Circuit Court of Appeals recently affirmed the SDNY'S dismissal of suits against Bristol-Myers Squibb Co. and Pfizer Inc. on the ground that the suits asserted state-law claims that were preempted by the FDCA.
United States
5 Jul 2019
Lit Alerts—April 2019
In Nutraceutical Corp. v. Lambert, 139 S. Ct. 710 (2019), the US Supreme Court ruled that attorneys must strictly adhere to Federal Rule of Civil Procedure 23(f)'s 14-day deadline to appeal a class certification order.
United States
10 Apr 2019
Lit Alerts—March 2019
The US District Court for the Northern District of Texas dismissed claims against Jefferies, LLC (Jefferies) last month for alleged violations of the Texas Securities Act, negligent misrepresentation, and ...
United States
13 Mar 2019
Lit Alerts—February 2019
In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1212, Justice Kavanaugh delivered his first written opinion for the Supreme Court.
United States
13 Feb 2019
Patents: Federal Circuit Rules "Assignor Estoppel" Does Not Apply In Inter Partes Review Proceedings
The court further reasoned that, in related contexts, Congress has expressly preserved equitable common law doctrines and did not do so here.
United States
27 Dec 2018
Discovery: Southern District Of Alabama Determines That Videotaped Depositions Of European Union Citizens Do Not Necessarily Violate GDPR
However, the court did order that the video recording of the deposition not be publicly disclosed or utilized in any other investigation or litigation.
United States
27 Dec 2018
Lit Alerts—November 2018
In August,the Ninth Circuit held that a district courts local rule that set a strict deadline for filing a class certification motion is incompatible with the flexible Federal Rules of Civil Procedure
United States
8 Nov 2018
Lit Alerts—October 2018
The Massachusetts Supreme Judicial Court recently reversed a lower court's decision holding that two insurance firms were not required to pay for the defense of their insured, Vibram USA, Inc., in a civil suit...
United States
10 Oct 2018
Lit Alerts—June 2018, Vol. 2
month, a three-justice panel of the California Court of Appeal affirmed a trial court's order denying Uber's motion to arbitrate claims brought by a Lyft driver who also drove for Uber.
United States
9 Jul 2018
Lit Alerts—June 2018
In Patel v. Zillow, Inc., the U.S. District Court for the Northern District of Illinois dismissed a class action under the Illinois Uniform Deceptive Trade Practices Act ...
United States
4 Jun 2018
Lit Alerts—May 2018
In Garcia v. Mercedes-Benz USA, Inc., a California Court of Appeal declined to award attorney's fees to a plaintiff pursuant to the Song-Beverly Consumer Warranty Act (the Act) when the plaintiff claimed...
United States
8 May 2018
Lit Alerts—April 2018, Vol. 2
In Wescott Electric Co. v. Cincinnati Insurance Co., the Eastern District of Pennsylvania ruled that it would not add terms to an insurance policy even though the terms were contained in a different insurance policy ...
United States
13 Apr 2018
Lit Alerts—April 2018, Vol. 1
In Kite v. Director, Division of Taxation, the Superior Court of New Jersey, Appellate Division, held that a taxpayer must pay state income taxes on a qui tam award under the New Jersey Gross Income Tax Act (Act) ...
United States
6 Apr 2018
Discovery: S.D.N.Y. Finds "No Foundation" To Impose Spoliation Sanctions Under Federal Rule 37 Where No Evidence Was "Lost"
Notably, the defendant did not dispute the authenticity of the plaintiffs' screenshots.
United States
6 Nov 2017
False Advertising: California Court Of Appeal Rules That Plaintiffs' Expert Witness' Failure To Test Homeopathic Remedy Was Not Grounds For Excluding Opinion On The Remedy's Effectiveness
The Court of Appeal accordingly remanded the case to the trial court to determine the measure of damages to which the plaintiff class was entitled.
United States
6 Nov 2017
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