Mondaq USA: Litigation, Mediation & Arbitration
Reed Smith
Jurisdiction is hardly the spiciest of topics we discuss on this blog and yet it definitely qualifies for frequent-blogging status.
Carlton Fields
This matter involved appeals by appellant Best Made Floors Inc. ("Best Made") from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district court's denial of its motion to vacate a third arbitration award in favor of the appellees
Foley & Lardner
After a Central District of California Judge dismissed a consumer's Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration ...
Morrison & Foerster LLP
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability ...
Reed Smith
"[I]f inaccurate information falls into a government database, does it make a sound?" Partly affirming summary judgment for the defendant in Owner-Operator Indep.
Proskauer Rose LLP
A team of Proskauer attorneys, on behalf of 12 leading non-profit organizations specializing in advocacy for victims of domestic violence, drafted an amicus brief in support of a mother seeking...
Schnader Harrison Segal & Lewis LLP
A key safeguard of citizens' rights in the criminal justice system is the adversarial nature of the criminal trial, where the defense and prosecution each advocates for its own interests
Davis & Gilbert
Is a class action lawsuit appropriate when some class members have consented to the defendant's conduct, but have not given that consent in the manner the law requires?
Seyfarth Shaw LLP
The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator's interpretation of a collective bargaining agreement, thus enhancing ...
Carlton Fields
A Texas federal court determined that, pursuant to the parties' contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive relief, ...
Reed Smith
Our only other encounter with Kentucky FDCA-based negligence per se claims involved a misbegotten case that held such a claim wasn't preempted, but didn't address the claim's viability under state law.
WilmerHale
Resealing further hampers the ability of defendants to mount an effective defense as it delays their ability to know the precise charges and evidence against them.
Carlton Fields
Week of January 8 - 12, 2018
Foley & Lardner
Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California.
Carlton Fields
In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages...
Seyfarth Shaw LLP
As our Annual Workplace Class Action Report discusses, 2017 was an exceptionally busy year in regards to workplace class action litigation.
Carlton Fields
The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana...
WilmerHale
Investment arbitrations typically entail an investor alleging breaches by the respondent State of protections conferred on the investor by the State in an investment treaty.
WilmerHale
An increasing number of businesses incorporate escalation clauses (or "multi-tiered dispute resolution clauses") in their contracts as a means of encouraging early settlement.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Through December 15, 2017, the Federal Circuit decided 289 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 216 ...
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Ropes & Gray LLP
Scott McKeown, Ropes & Gray IP litigation partner and chair of the firm's Patent Trial and Appeal Board (PTAB) group, discusses potential impacts of pending Supreme Court PTAB cases...
Foley Hoag LLP
Between November 27-29, over 2,000 delegates gathered in Geneva to attend the UN Forum on Business and Human Rights. The central theme of this year's Forum ...
Seyfarth Shaw LLP
A somewhat bizarre event – even by this year's standard of unusual current events – hit the news stream earlier this week, as two "Acting Directors"...
Proskauer Rose LLP
Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016...
RPX Corporation
F2VS Technologies, Inc. has added two cases to the campaign that it began this past June, suing Acuity Brands (Acuity Brands Lighting) (1:17-cv-04774) and Daintree Networks (1:17-cv-01713).
Ropes & Gray LLP
Patent prosecutors navigate complex USPTO rules and seemingly esoteric examinational requirements to procure patent rights.
Reed Smith
And make no mistake about it, there's plenty to celebrate this year.
RPX Corporation
Computer Protection IP, LLC (CPIP) has filed its first affirmative lawsuit, accusing New Dream Network (DreamHost) (2:17-cv-08858) of infringing a single server security patent.
RPX Corporation
A patent infringement suit brought against Google by Personal Audio, LLC has been transferred from the Eastern District of Texas (1:15-cv-00350) to the District of Delaware (1:17-cv-01751) due to improper venue.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Succeeding in obtaining a ruling in an inter partes review petition at the Patent Trial and Appeal Board that issued patent claims are unpatentable, may not be enough to modify ...
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