Mondaq USA: Litigation, Mediation & Arbitration
BakerHostetler
The final quarter of 2018 witnessed a number of new twists on old theories in class actions involving auto and homeowners claims and coverages
Hunton Andrews Kurth LLP
New Balance in turn objected to the petition and moved to quash the subpoenas or stay discovery.
Foley & Lardner
Buried in a footnote in the February 7 opinion in a criminal appeal is a helpful reminder for all advocates in the Seventh Circuit, including those handling civil appeals.
Mintz
The Federal Arbitration Act §7 (9 U.S.C. §7) enables arbitrators to "summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be deemed material as evidence in the case."
Freeborn & Peters LLP
The appellate court also denied a frivolous fee claim.
Squire Patton Boggs LLP
Sometimes it is necessary to obtain evidence from non-parties during a reinsurance arbitration. Yet, the Federal Arbitration Act ("FAA") ...
Seyfarth Shaw LLP
Seyfarth Synopsis: On January 30, 2019, Seyfarth Shaw hosted "Top Trends In Workplace Class Action Litigation"
Mintz
Gateway issues of arbitrability are presumptively for a court, rather than an arbitrator, to decide in the first instance. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995).
Akin Gump Strauss Hauer & Feld LLP
On February 4, 2019, in Ward v. Tilly's, Inc., the California Court of Appeal found that reporting time pay is owed for certain "on-call" shifts, where the employee must call in to find out if he or she is needed, but is told not to report to work.
Arnold & Porter
In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1212, Justice Kavanaugh delivered his first written opinion for the Supreme Court.
Smith Gambrell & Russell LLP
O.C.G.A. § 9-10-31.1 allows a court to dismiss a lawsuit filed in Georgia, "for the convenience of the parties and witnesses" when that claim "would be more properly heard in a forum outside of" Georgia.
Morrison & Foerster LLP
On January 1 of this year, California's food and consumer product companies got some welcome relief from the onerous provisions of California's ‘slack-fill' law, Cal. Bus. & Prof. Code § 12606.
Ward and Smith, P.A.
Even so, as the law becomes more technology-driven, e-discovery is quickly becoming a key tool in the sophisticated litigator's belt.
Seyfarth Shaw LLP
Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation ...
Proskauer Rose LLP
Characterizing the decision to bring a books and records inspection action after filing a plenary or substantive action as "[i]nherently contradictory," the Delaware Court of Chancery recently dismissed a Section 220 action brought by a group of investors.
Morrison & Foerster LLP
On Wednesday, January 16, 2019, federal Magistrate Judge Sallie Kim ordered the Rohnert Park police department to retrain its officers on the proper methods and laws regarding probation searches.
Holland & Knight
Foreign suppliers who sign contracts provided by their U.S. business partners specifying dispute resolution procedures in the U.S. often do not appreciate the implications of that agreement ...
Akin Gump Strauss Hauer & Feld LLP
In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel ...
Ogletree, Deakins, Nash, Smoak & Stewart
The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court's decision that technical violations ...
WilmerHale
On January 8, 2019, the US Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. --- (Jan. 8, 2019), that when a contract delegates to arbitrators the question whether a dispute is subject to arbitration, ...
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Lewis Brisbois Bisgaard & Smith LLP
The 2018 California legislative session was another busy year with numerous employment-related bill signed into law.
Jones Day
On the heels of the European Union's General Data Protection law, which went into effect in May 2018
Holland & Knight
The Centers for Medicare & Medicaid Services (CMS) on Nov. 1, 2018, published the Calendar Year (CY) 2019 Final Rule for the Medicare Physician Fee Schedule (PFS).
Butler Snow LLP
Many state legislatures across the country have enacted statutory measures to limit the amount of compensatory and/or punitive damages recoverable ...
Frankfurt Kurnit Klein & Selz
Amid lawsuits and FDA action, JUUL Labs said it will stop selling its fruit-flavored e-cigarette pods in retail stores and will discontinue its social media promotions.
Jones Day
On November 6, a proposed consumer class requested that the U.S. District Court for the Western District of Washington preliminarily approve its proposed $3.99 million settlement with a ride-sharing
Dentons
Although traditionalists may prefer paper timekeeping logs, technology has come a long way in assisting attorneys in recording and tracking billable time.
Anderson Kill
Opioid producers and distributors have turned to their insurance companies for relief from litigation, triggering a fierce fight.
Lewis Brisbois Bisgaard & Smith LLP
In Lat v. Farmers New World Life Ins. Co. (2018) 28 Cal.App.5th 212, the Second District Court of Appeal reversed the trial court's entry of judgment in favor of Farmers New World Life Insurance Company...
Seyfarth Shaw LLP
As part of an evolving trend of narrowly interpreting the FCRA's "standalone" disclosure and "clear and conspicuous" disclosure requirements.
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