Mondaq USA: Litigation, Mediation & Arbitration
K&L Gates
In In re MeadWestvaco Stockholders Litigation, the defendants moved to dismiss class action claims brought by stockholders of MeadWestvaco Corporation (the "Company")...
Troutman Sanders LLP
In January 2013, a teenager in Australia posted a photo online showing that his "footlong" Subway sandwich was in fact only 11 inches, setting off a viral storm of consumers discovering their "footlong" sandwiches were similarly not as large as advertised.
Wilson Elser Moskowitz Edelman & Dicker LLP
The litigation-related duty to preserve relevant evidence, which extends to both electronic and hard copy materials, is well established and widely known in the legal community and the business world.
Troutman Sanders LLP
The 5th Circuit U.S. Court of Appeals reversed several key aspects of a PHMSA Final Order in a recent opinion issued on August 14, 2017.
Seyfarth Shaw LLP
No company wants to confront a large punitive damages verdict in an employment case.
Foley & Lardner
Justice Neil Gorsuch's confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir. 2016).
WilmerHale
A book review by Claudio Salas of Attorney-Client Privilege in International Arbitration, published by the Journal of International Arbitration.
Jones Day
On August 1, a Seventh Circuit panel declined to revive FCRA lawsuits against a large cable television company and student loan provider, finding that the plaintiff had not demonstrated...
Akin Gump Strauss Hauer & Feld LLP
Class action litigation is a rapidly developing area of the law.
Arnold & Porter Kaye Scholer LLP
A magistrate judge in the Northern District of Illinois awarded class counsel $4,770,834, or 1.75 times the amount actually billed.
Arnold & Porter Kaye Scholer LLP
As a threshold matter, the court first confirmed that the forty-three documents at issue were in fact privileged, and that their disclosure was inadvertent.
Foley & Lardner
Justice Neil Gorsuch's confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The U.S. Supreme Court‘s 2017 term begins October 2nd and we will be tracking at least three cases relevant to institutional investors
K&L Gates
In Terramar Retail Centers, LLC v. Marion #2-Seaport Trust U/A/D/ June 21, 2002, Civil Action No. 12875-VCL (Del. Ch. August 18, 2017), the Delaware Court of Chancery denied an out-of-state...
McDermott Will & Emery
The prevailing cross-border system for dispute resolution —international arbitration— is often more predictable and less expensive than litigation. Enforcing a foreign award can, however, be arduous...
Akin Gump Strauss Hauer & Feld LLP
The complaint alleges that, when John Doe was a sophomore at Case Western in 2014, he engaged in consensual sexual activity with a female freshman he was dating.
Jones Day
In May 2017, the Second Circuit rejected an attempted class action lawsuit that sought to hold a retailer liable for allegedly overcharging sales tax.
Reed Smith
We previously addressed the in pari delicto doctrine, whereby a plaintiff injured in the course of his or her criminal conduct cannot recover for those injuries.
Womble Carlyle
Womble Carlyle attorney Allen O'Rourke recently helped a client recover more than $38,000 that had been stolen through an email fraud scheme.
Carlton Fields
U.S. Eleventh Circuit Court Of Appeals Week Of September 6, 2017
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Jones Day
In a much-anticipated decision, on June 27, 2017, the Supreme Court of Delaware reversed the Chancery Court's ruling in Chicago Bridge v. Westinghouse.
Lewis Roca Rothgerber Christie LLP
In the trademark sense, is Lady Gaga famous for clothing? That is a question the Trademark Trial and Appeal Board sought to answer in the trademark opposition of Ate My Heart, Inc. v. Ga Ga Jeans Limited.
Carlton Fields
In the latest opinion arising from a coverage dispute following MF Global Holdings's bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda...
Davis & Gilbert
Recent Supreme Court decisions will likely curb actions by non-practising entities, say Marc J Rachman, and Devin A Kothari.
Klein Moynihan Turco LLP
In a potentially groundbreaking decision, a U.S. District Court recently overruled the U.S. Patent and Trademark Office ("USPTO") and ordered the USPTO to register BOOKING.COM as a trademark.
Warner Norcross & Judd LLP
The facts, as alleged by Waymo, are fairly juicy and they implicate a plethora of legal issues beyond just trade secret misappropriation.
Morrison & Foerster LLP
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco City.
Reed Smith
On August 31, 2017, the Virginia Supreme Court issued a decision holding that a taxpayer can claim an exception to Virginia's intangible expense addback on the basis that the related member receiving the intangible payment is ...
Fisher Phillips LLP
The Kentucky Supreme Court ruled today that wage and hour class actions for unpaid wages may be maintained in the state, the first-ever time such lawsuits have been ruled viable.
Holland & Knight
California Court of Appeal Upholds Trial Court's Decision Regarding Monterey County Development...
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