Searching Content indexed under Litigation, Mediation & Arbitration by Duane Morris LLP ordered by Published Date Descending.
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Supreme Court Passes On Challenge To Extension Of Title III To Websites And Mobile Apps
On September 1, 2016, Guillermo Robles, who is visually impaired, filed suit in the U.S. District Court for the Central District of California.
United States
17 Oct 2019
Discovery Ruling In District Of Minnesota May Have Far-Reaching Implications For FCA Defendants
The FCA creates liability for persons or entities found to have knowingly submitted false claims to the government or having caused others to do so.
United States
14 Oct 2019
Pipeline Developers Beware: Third Circuit Disallows Eminent Domain Over State Lands Under Natural Gas Act
In a unanimous, precedential opinion issued on September 10, 2019, the United States Court of Appeals for the Third Circuit held that the Natural Gas Act (NGA), 15 U.S.C. § 717, et seq., does not abrogate state sovereign immunity ...
United States
1 Oct 2019
Debtors May Be Able To Discharge Debts Incurred Through Willful, Malicious Injury
Muhs left his employment with TKCA, and began working with a competitor.
United States
26 Sep 2019
Don't Be A Maverick: Chancery Reinforces Limits On Attorney-Client Privilege
The burden of proving that the attorney-client privilege applies to a particular communication is on the party asserting the privilege.
United States
26 Sep 2019
The Evolution Of New York Appellate Practice
This summer marks the 30th anniversary of our joint authorship of the Appellate Practice column, as well as Thomas Newman's 44th year as its author.
United States
25 Sep 2019
Class Action ADA Lawsuit Filed Against Hospital - A Sign Of More To Come?
Hospitals and healthcare providers should track this lawsuit closely and be on the lookout for similar lawsuits in the months and years to come.
United States
24 Sep 2019
Chancery Declines To Stay Action In Derivative Lawsuit Involving Special Litigation Committee
Allowing a conflicted general partner to select a special litigation committee to serve at the general partner's pleasure would be tantamount to allowing the conflicted partner to investigate itself.
United States
24 Sep 2019
Curbing Food And Cosmetic Class Actions Through Arbitration, Dispute Resolution And Class-Action Waivers
The volume of food and cosmetic class actions has exploded. Despite manufacturers tamping down their marketing programs, plaintiffs always seem to be one step ahead of label designers and marketers —
United States
24 Sep 2019
Sometimes, You CAN Always Get What You Want: Counseling Clients On Taking Breaks Before A Federal Grand Jury
Sooner or later, nearly every white collar defense attorney will represent a witness subpoenaed to testify before a federal grand jury. It is well settled in most circuits that federal
United States
23 Aug 2019
Chancery Forecloses Reliance On Technical Truths, Delayed Disclosures As Defenses To Disclosure-Related Breach Of Fiduciary Duty Claims
Fiduciary duties are fundamental concepts in Delaware corporate law. Directors and officers owe duties of care and loyalty, and from these obligations flows
United States
19 Aug 2019
Open Sesame? UK Supreme Court Guidance On Non-Party Access To Court Documents
Non-party requests for trial documents filed in English High Court proceedings are the regular diet of English litigators advising US clients. A potential claimant (as we call the plaintiff)
19 Aug 2019
Infrastructure Criteria For Sustainable Infrastructure Development And Rapid Growth – How The CPTPP And The EUVN Free Trade Agreement And Investment Protection Agreement Can Contribute
According to the World Bank, Vietnam has one of the fastest growing economies in the world—7.1% GDP growth in 2018, and 6.7% at the mid-point of 2019
14 Aug 2019
Second Circuit Asks How To Address 924(C) Appeals In The Wake Of Davis
The Supreme Court's landmark ruling in United States v. Davis, 588 U.S. ___ (2019), has opened the floodgates to hundreds of petitions seeking to overturn convictions under the residual clause of Section 924(c).
United States
9 Aug 2019
Proving The Retail Transaction: Ascertainability In Food And Cosmetic Mislabeling Class Actions
Most consumers quickly discard receipts for food or cosmetics purchases, particularly when the items bought are low cost.
United States
26 Jul 2019
Public-Priate-Partnerships (PPP) And CPTPP And EVFTA/IPA Dispute Settlement Provisions And The Draft PPP Law
Public-Private-Partnerships (PPP) have long been used as a vehicle for both emerging and developed markets to further enhance their public infrastructure to support growing socio-economic needs.
25 Jul 2019
Second Circuit Addresses Requirements And Considerations For Sealing (And Unsealing) Allegedly Sensitive Documents Filed In Lawsuits
Reversing a series of decisions by the U.S. District Court for the Southern District of New York that sealed a number of court filings in a defamation action related to the allegations of sexual misconduct.
United States
22 Jul 2019
#Metoo Round 2 - Sweeping Legislation To Transform New York Employment Landscape Yet Again
On June 19 and 20, 2019, New York legislators passed a package of bills, including bills designed to strengthen discrimination and sexual harassment protections in the workplace, to prohibit wage differentials based on...
United States
5 Jul 2019
Double Jeopardy "Loophole" Withstands Supreme Court Review In Gamble v. United States
The protection against double jeopardy is guaranteed by the Fifth Amendment of the United States Constitution.
United States
1 Jul 2019
Supreme Court Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law, a "bare-metal" manufacturer is liable for failure to warn of dangers posed...
United States
29 May 2019
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