Mondaq USA: Litigation, Mediation & Arbitration
Smith Gambrell & Russell LLP
On April 17, 2018, the Eastern District of California set aside a partial satisfaction of judgment at the request of client the National Grange of the Order of Patrons of Husbandry when it came to light that an...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
As reported by our sister blog, ADR: Advice from the Trenches, the Northern District of Illinois recently issued an unusual decision.
Mayer Brown
Only three months after AbbVie obtained a retrial of a case in which a jury had imposed $150 million in punitive damages without awarding any compensatory damages, a new jury awarded...
Reed Smith
Last week we served on a jury in a medical malpractice verdict. To put it mildly, we were surprised that we made it through the peremptory gauntlet.
BakerHostetler
Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Is there such a thing as an arbitration joke? Here is a test. Two plaintiffs walk into a court, claiming that each was wrongfully terminated by a bank (UBS).
Troutman Sanders LLP
On April 9, 2018, PJM Interconnection, L.L.C. ("PJM") filed two alternative proposals to address supply-side state subsidies that, as PJM argues, could otherwise depress prices in PJM's capacity...
Carlton Fields
This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant...
Shearman & Sterling LLP
On April 10, 2018, the United States Court of Appeals for the Second Circuit revived and remanded to state court a putative class action brought against AXA Equitable Life Insurance Company.
Carlton Fields
This Week's Florida Appeals: Week of April 9 - 13, 2018
Reed Smith
We wrote a post not too long ago recommending that MDL defendants seriously consider limiting so called "Lexecon (read the prior post if you don't know what that means) waivers" to single plaintiff trials...
Carlton Fields
The court applied a two-part "intertwined-ness test" to determine whether an arbitration agreement allowed a non-signatory to invoke equitable estoppel to compel arbitration
Stroock & Stroock & Lavan LLP
Prosecutors and agents should want everyone's story/account about a criminal episode before bringing charges.
Reed Smith
We are back in the trenches today after spending a wonderful day in New York with our lifelong best friend, in yet another of the blissfully endless celebrations of the milestone birthday we marked in December.
Lewis Brisbois Bisgaard & Smith LLP
Washington was a frontier state in the enactment of legislation in 1979 requiring mandatory arbitration (MAR) of a civil action having an amount in controversy of no more than $15,000 ...
Butler Snow LLP
Most commercial litigators are familiar with the process for responding to a subpoena demanding the production of documents from a non-party to litigation under Federal Rule of Civil Procedure 45.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Second Circuit vacated that judgment because the requirements of the FSIA had not been met.
Foley & Lardner
Seventh Circuit Rule 52 allows the U.S. Court of Appeals for the Seventh Circuit...
Foley & Lardner
The filings in both cases were ineffective; the court's rationale was that these nonlawyers were engaged in the unauthorized practice of law.
BakerHostetler
Remember Pokémon Go? We ask because it's been nearly two years since it was released. Back in 2016, the game was a huge fad, and many people still play it. If you weren't part of the craze ...
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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 ...
Akin Gump Strauss Hauer & Feld LLP
The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA's prohibition against using automated dialing devices to make unsolicited calls to cellular telephones.
Shearman & Sterling LLP
The Court held that the complaint did not adequately allege facts giving rise to a strong inference of scienter.
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
"Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker, the lawyer has superior opportunity of being a good man. There will still be business enough."
WilmerHale
BNSF Railway Co. v. Tyrell redefined the contours of a court's jurisdictional reach by effectively subjecting corporations to general personal jurisdiction only in those states where they are incorporated or have...
Dentons
By combining a knowledge of the legal requirements with practical considerations, attorneys can help ensure that they don't get into hot water over conflicts issues.
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."
Lincoln Derr PLLC
As a Bar, we need to look after our flock. Like the penguins taking turns standing on the cold perimeter of the flock, we must all contribute to the greater good of our community. Dedication to pro bono work, Bar programs, teaching opportunities and professionalism is a shared responsibility.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank International, many practitioners have been confused about whether the presumption of validity and proof by clear ...
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