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Searching Content from United States indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Wisconsin Supreme Court Clears The Path To The Courtroom For Member-Driven LLC Litigation
Wisconsin's Supreme Court issued an important decision last week in Marx v. Morris, 2019 WI 34, holding that "[c]orporate principles of derivative standing do not apply to the distinct business
United States
25 Apr 2019
2
Sharing Provisions In Protective Orders
We have noticed a troubling trend in recent product liability cases in which plaintiffs' counsel will not agree to a protective order concerning a manufacturer's confidential documents without the inclusion of a so-called "sharing provision".
United States
25 Apr 2019
3
Third-Party Testing Does Not Disrupt "Diligent" Reduction To Practice
In Arctic Cat Inc. v. GEP Power Products, Inc., Nos. 18-1520, -1521 (Fed. Cir. Mar. 26, 2019), the Federal Circuit held that the Board erred in finding a reference (Boyd) was prior art under 35 U.S.C. § 102(e) to Arctic Cat's '188 and '822 patents.
United States
25 Apr 2019
4
The "Greatest Judicial Power Grab Since Marbury v. Madison"? SCOTUS Considers Kisor v. Wilkie
The decision, expected by this summer, could narrowly restrict, or even completely undo, that deference.
United States
25 Apr 2019
5
Lawyers Weigh In On Fate Of Scandalous Trademarks
At issue in this case is Erik Brunetti's FUCT trademark for clothing, which was refused in 2011 because it was considered a scandalous term under the Lanham Act.
United States
23 Apr 2019
6
Insurer's Failed Subrogation Bid Has No Bearing On Merits Of Policyholder's Claim For Recall Damages
A recent First Circuit ruling underscores that a well-negotiated insurance policy can cover claims for which state law has no remedy.
United States
23 Apr 2019
7
United States
23 Apr 2019
8
The Reach Of Avoidance – Second Circuit Court Of Appeals Holds In Madoff That Bankruptcy Code Can Be Used To Recover Subsequent Extraterritorial Transfers
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...
United States
23 Apr 2019
9
What Is A "Reasoned" Arbitration Award?
It is not unusual for an arbitration agreement to require, expressly or impliedly, a "reasoned award."
United States
23 Apr 2019
10
The Michigan Court Of Appeals Addresses Sexual Harassment And Mandatory Arbitration Agreements
Mandatory arbitration agreements for employment claims have been increasingly criticized, but that criticism has increased dramatically for sexual harassment cases
United States
23 Apr 2019
11
Shout "Fore" Before Taking That "Mulligan"
Golf, like any other recreational activity, runs the risk of accidents on the course – and the resulting injuries often lead to "finger pointing" as to which golfer ...
United States
23 Apr 2019
12
Illinois Court Chomps Down On Junior Mint Slack-Fill Claims
We bring you, today, a second installment in Tootsie Roll Industries' (TRI) Junior Mints slack-fill saga.
United States
23 Apr 2019
13
Ferrara Candy Company Settles Artificial Flavor Class Action
San Diego resident Jessica Littlejohn seems to be a committed fan of SweeTARTS candy.
United States
23 Apr 2019
14
Four-Year Court Battle Between Deaf Advocates And Harvard Over Closed Captioning Of Videos Proceeds To Discovery With Some Limitations
Seyfarth Synopsis: Four years and two motions to dismiss based on the pleadings later, the National Association of the Deaf's (NAD) online video captioning lawsuit against Harvard
United States
23 Apr 2019
15
EEOC Contemplates September 30th Deadline For Component 2 Pay Data But Warns Of Significant Risks Of Unreliable Data Comparisons
Despite some initial news stories to the contrary, uncertainty still remains as to whether and when employers will be required to submit Component 2 pay data to the EEOC.
United States
23 Apr 2019
16
Cadwalader Attorneys Analyze Delaware Chancery Court Decision On Termination Of Merger Agreement
In Vintage Rodeo Parent, LLC v. Rent-A-Center, Inc., the Delaware Court of Chancery determined that Rent-A-Center, Inc. properly ended its merger agreement with Vintage Capital Management LLC after Vintage neglected...
United States
23 Apr 2019
17
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries
United States
23 Apr 2019
18
Association Of American Railroads: FELA Awards May Not Be Vacated Unless "Monstrously Excessive."
FELA plaintiffs have long pointed out that Congress placed FELA cases in the hand of juries "to the maximum extent proper."
United States
23 Apr 2019
19
Hunton Retail Law Resource: California Chamber Of Commerce Identifies First "Job Killer" Bills Of 2019
Each year, the California Chamber of Commerce ("Chamber") identifies proposed state legislation that the Chamber believes "will decimate economic and job growth in California."
United States
22 Apr 2019
20
PTAB Issues Three New Precedential Opinions On RPI
The PTAB designated three decisions as precedential yesterday (in addition to several in previous weeks).
United States
22 Apr 2019
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