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Searching Content from United States indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Appellate Briefs Are Not The Place To Incorporate Material From Someplace Else By Reference
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.
United States
18 Feb 2019
2
Federal Circuit Digs Deeper Hole For Diagnostic Methods
In Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, the Federal Circuit once again held diagnostic method claims invalid under 35 USC § 101.
United States
18 Feb 2019
3
California Court Of Appeal Finds That In-Home Caregivers May Be Employees Of Placement Agencies
In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver ...
United States
18 Feb 2019
4
New Jersey Appellate Division Rules Public Notices In Land Use Cases Need Clear Description Of All Uses Proposed
On February 5, the New Jersey Appellate Division decided the case of Lakewood Realty Associates v. Lakewood Township Planning Board & RD Lakewood LLC.
United States
18 Feb 2019
5
How To Enforce An Arbitration Subpoena: Jurisdiction And Venue Basics
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."
United States
15 Feb 2019
6
Federal Circuit Invites Patent Office To Open Pandora's Box
The Office pointed to the drafting history of the petitioner estoppel provision to support its views.
United States
15 Feb 2019
7
Third Circuit Rules That FAAAA Does Not Preempt New Jersey's ABC Test For Determining Independent Contractor Status
On January 29, 2019, the Third Circuit Court of Appeals concluded that the FAAAA does not preempt New Jersey's ABC test for determining whether a worker is an independent contractor or employee.
United States
15 Feb 2019
9
District Order Issues Sanctions Deeming Defendant's Summary Of Infringing Sales Established As True Where Defendant Failed To Comply With Multiple Court Orders
In this patent infringement action, the plaintiff, Stuebing Automatic Machine Co. ("Stuebing") filed a motion for violation of multiple discovery orders against the defendant.
United States
15 Feb 2019
10
New Jersey District Court Dismisses Putative Securities Fraud Class Action For Failure To Plead Scienter
On January 31, 2019, Judge Madeline Cox Arleo of the United States District Court for the District of New Jersey granted with leave to amend defendants' motion to dismiss a putative securities fraud
United States
15 Feb 2019
11
Indiana Supreme Court: Driver For Large Vehicle Transportation Matching Service Properly Classified As Independent Contractor
Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A, Inc. v. Indiana Department of Workforce Development.
United States
15 Feb 2019
12
Supreme Court To Address The Power Of States To Tax Trusts
More than $120 billion of our nation's income flows through trusts, and the Supreme Court will hear a case that may clarify how much states are able to tax.
United States
15 Feb 2019
13
Another California Court Raises Doubts On Employee Non-Solicitation Provisions
Last November, we discussed the potential impact of a recent California appellate court decision, AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. ...
United States
15 Feb 2019
15
State Of Nature: District Courts Diverge In Treatment Of "Natural" False Advertising Claims
Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term "natural" for food products underscore the difficulty in predicting the likelihood
United States
15 Feb 2019
16
The Sixth Circuit Declares Tennessee's Punitive Damages Cap Unconstitutional
In December 2018, the U.S. Court of Appeals for the Sixth Circuit held that Tennessee's cap on punitive damages was unconstitutional. This cap came into effect when Tennessee Governor Bill
United States
15 Feb 2019
17
Arizona Court Of Appeals Strikes Down Law Restricting Local Governments From Requiring Private Employers To Provide Benefits That Exceed State Law Requirements
In 2006, Arizona voters approved a ballot measure which resulted in the passage of the Arizona Minimum Wage Act and established a state-wide minimum wage
United States
15 Feb 2019
18
Enforcement Of Arbitration Subpoenas And Summonses
Sometimes it is necessary to obtain evidence from non-parties during a reinsurance arbitration. Yet, the Federal Arbitration Act ("FAA") ...
United States
15 Feb 2019
19
From The Perspective Of The Bench: Discovery Cooperation & Proportionality In Complex Products Litigation
Last week I had the honor of moderating the main-stage judges' panel at the DRI Product Liability Conference in Austin, Texas.
United States
15 Feb 2019
20
Innovator Liability – Pandemonium Or Paper Tiger?
Ever since innovator liability burst onto our consciousness a decade ago with the horrific decision in Conte v. Wyeth, 85 Cal. Rptr.3d 299, we have had nightmares about the potential impact of this theory.
United States
15 Feb 2019
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