Mondaq USA: Litigation, Mediation & Arbitration
Sedgwick LLP
Last week, we reviewed the data from Justice Theis' participation in oral arguments in civil cases since she joined the Court in 2010. This week, we turn our attention to Justice Theis' record in...
Sedgwick LLP
Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts.
Foley & Lardner
On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context.
K&L Gates
On remand from the Eighth Circuit, the United States District Court for the District of Minnesota recently recertified a data breach settlement class over an objector's assertion of an intraclass conflict.
Miles & Stockbridge
A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff's alleged injuries is in dispute.
Lewis Brisbois Bisgaard & Smith LLP
Appellant, Crystal Seafood Company, Inc. appealed an order of the lower holding the seafood processing company and two of its officers jointly and severally liable for a $1,034,228.42 payment received...
Lewis Brisbois Bisgaard & Smith LLP
The e-mail from counsel for Defendants/Cross-claimants/Appellees, Thomas Keaty Jr. and Fair Hills Farms, LLC read, in part: "After much thought, my clients have agreed to the settlement proposal...
Carlton Fields
As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and regulators...
Butler Snow LLP
The Tennessee Business Court, in For Senior Help, LLC v. Medex Patient Transport, LLC, Case No. 16-0553-BC, decided January 5, 2017, stayed litigation and compelled arbitration of the disputes...
K&L Gates
In Yu v. GSM Nation, LLC, C.A. No. 12293-VCMR (Del. Ch. July 7, 2017), the Court of Chancery dismissed the complaint for lack of subject matter jurisdiction.
Miles & Stockbridge
A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff's alleged injuries is in dispute.
Cadwalader, Wickersham & Taft LLP
FINRA proposed amendments to the Arbitration Rules (FINRA Rules 12100 and 13100) to expand the scope of individuals eligible to serve as non-public arbitrators.
Sedgwick LLP
I thought we'd do a first today: comparing the two Supreme Courts we study in the same post.
Sedgwick LLP
Yesterday, we began our analysis of Justice Theis' question patterns in civil cases. Today, we continue our work on Justice Theis' civil arguments since taking office in 2010.
Carlton Fields
While policyholders have successfully convinced courts in other jurisdictions to accept the opposite position, the decision in Zillow provides a helpful counterweight.
Jones Day
A final rule recently issued by the Consumer Financial Protection Bureau bars banks and other covered companies from attempting to avoid consumer class actions by using arbitration clauses...
Carlton Fields
On June 10, 2017, the Consumer Financial Protection Bureau (CFPB) published a final rule attacking the use of class action waivers in arbitration clauses in certain consumer contracts.
Carlton Fields
In a big blow to employers, the California Supreme Court unanimously held today that plaintiffs and their lawyers must be given access to companywide employee contact information...
Carlton Fields
This Week's Florida Appeals: Week of July 17-21, 2017
Arnold & Porter Kaye Scholer LLP
On July 10, 2017, the Consumer Financial Protection Bureau released its Final Rule to prohibit the use of pre-dispute arbitration agreements in contracts for covered consumer financial products...
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Jones Day
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...
Reed Smith
The Supreme Court decided "the big one" today – and not to keep anyone in suspense [the big one is a major earthquake in California mass tort litigation]...
Lewis Brisbois Bisgaard & Smith LLP
In Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court's judgment...
Offit Kurman
Several recent decisions by the U.S. Court of Appeals for the Federal Circuit have untangled crucial uncertainties plaguing software patent applicants following the outcome of Alice Corp. v. CLS Bank International.
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 ...
Ogletree, Deakins, Nash, Smoak & Stewart
On January 27, 2017, President Trump issued Executive Order 13769, entitled "Protecting the Nation from Foreign Terrorist Entry Into the United States," (EO1), which went into effect immediately.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 16-712, to consider "[w]hether inter partes review
Mayer Brown
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
Carlton Fields
Businesses and other organizations fail from time to time. That is a reality of our capitalist system.
Holland & Knight
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings.
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