Mondaq USA: Litigation, Mediation & Arbitration
Carlton Fields
This Weeks Florida Appeals: Week of June 11 - 15, 2018
Duane Morris LLP
In almost every lawsuit, as part of the discovery process, the parties will exchange information relevant to the claims and defenses at issue.
Carlton Fields
This lawsuit centered around a contract providing a guaranty of performance in connection with an underlying broadband network access contract.
Arnold & Porter
On June 11, 2018, the United States Supreme Court held in China Agritech Inc. v. Resh that class actions do not benefit from tolling under American Pipe v. Utah, 414 U.S. 538 (1974).
Stroock & Stroock & Lavan LLP
The United States Supreme Court clarified in China Agritech, Inc. v. Resh, 584 U.S. ___ (2018), that the tolling rule announced in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) ...
Seyfarth Shaw LLP
At the start of this week, the U.S. Supreme Court issued its long-awaited decision in China Agritech, Inc. v. Resh, No. 17-432 (U.S. June 11, 2018), which has important implications...
BakerHostetler
In a unanimous decision, the Supreme Court has limited the reach of its landmark decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) ...
Reed Smith
Not so long ago the Philadelphia Court of Common Pleas emitted a malodorous opinion exercising personal jurisdiction over a foreign corporation because one of its materials suppliers...
Day Pitney LLP
When a class action lawsuit is filed in federal court, the statute of limitations applicable to the claims of absent class members is tolled—in essence, the clock is stopped on the running of the limitations period.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Lest we forget, many are the arbitrations that are subject to state arbitration law rather than the Federal Arbitration Act ("FAA").
Ogletree, Deakins, Nash, Smoak & Stewart
In the employment context, however, it is uncertain whether it will provide a respite from successive litigation against employers.
Foley & Lardner
This week, in the closely watched case of China Agritech v. Resh, the U.S. Supreme Court issued an important class action ruling, holding that the tolling principles announced in its earlier American Pipe..
Ropes & Gray LLP
On June 11, 2018, the U.S. Supreme Court handed a victory to class action defendants in China Agritech, Inc. v. Resh, overturning a Ninth Circuit rule that allowed the filing of successive class action...
Shearman & Sterling LLP
On June 11, 2018, the Supreme Court of the United States held that the tolling rule first stated in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) cannot salvage otherwise...
Troutman Sanders LLP
The Supreme Court's decision yesterday in China Agritech Inc. v. Resh is a significant victory for defendants in federal class action lawsuits, as it prevents plaintiffs ...
Carlton Fields
It is axiomatic that objections not presented to the trial court are deemed waived on appeal
Akin Gump Strauss Hauer & Feld LLP
The U.S. Supreme Court held that the tolling provisions established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 ...
Carlton Fields
Today, the Supreme Court analyzed the shortcomings of this possibility and unanimously snuffed out serial class action tolling.
BakerHostetler
Although he is remembered as a Los Angeles Laker, Hall of Famer Kareem Abdul-Jabbar, as basketball trivia buffs know, actually began his NBA career on the Milwaukee Bucks.
Holland & Knight
In Cornucopia Institute v. U.S. Dep't of Agriculture, 884 F. 3d 795 (7th Cir. 2018), the court of appeals affirmed the district court's ruling dismissing the plaintiffs' complaint ...
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Seyfarth Shaw LLP
On February 6, 2018, Seyfarth Shaw Partner Jerry Maatman and Bloomberg Law Senior Legal Editor Perry Cooper presented a timely event on "Top Trends In Workplace Class Action Litigation Panel Discussion."
McDermott Will & Emery
On March 13, 2018, the United States District Court for the Eastern District of Oklahoma dismissed U.S. ex rel. Montalvo v. Native American Servs. Corp.
Foley Hoag LLP
Possibly foreshadowing the Supreme Court's decision on a petition for certiorari we recently chronicled here...
Holland & Knight
While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 ...
Lewis Brisbois Bisgaard & Smith LLP
In January 2018, the Ninth Circuit in Batterton v. Dutra Group affirmed the lower court's decision ruling that punitive damages are awardable to seamen in unseaworthiness actions.
Wilson Elser Moskowitz Edelman & Dicker LLP
Also named is SC Laboratories Inc., the logo of which appears on the vape cartigage product's packaging.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
This case stems from alleged misstatement made by Volkswagen Group of America Finance ("VWGoAF") in an Offering Memorandum governing the issuance of three sets of bonds.
Foley & Lardner
Seventh Circuit Rule 30(a) requires an appellant to "append to [its] opening brief[] the judgment under review and its adjoining findings of fact and conclusions of law."
Proskauer Rose LLP
This lawsuit comes in the wake of heightened SEC scrutiny of cryptoasset token issuances.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
A California jury recently awarded Apple $538.6 million in total damages for patent infringement by Samsung.
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