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Third Circuit Challenges Supreme Court To Reconsider Whether An LLC's Citizenship Should Be Based On Its Members
An LLC's state of organization and principal place of business are legally irrelevant for purposes of determining diversity jurisdiction in the Third Circuit.
United States
15 Oct 2015
Second Circuit Court Of Appeals Rules That U.S. Law Determines Whether Action Seeking Enforcement Of Foreign Judgment Is "Maritime"
The Second Circuit confirmed in a decision last week that U.S. federal courts have subject matter jurisdiction to enforce foreign maritime judgments.
United States
26 Jun 2014
Pennsylvania Superior Court Rules Expert Testimony Inadmissible To Prove Causation In Toxic Tort Case Absent Supporting Scientific Authority Applied To Facts Of Case
In a precedential ruling on the admissibility of expert testimony that is particularly significant to defendants in toxic tort matters, a three-judge panel of the Superior Court of Pennsylvania in Snizavich v. Rohm and Haas Co., No. 1383 EDA 2012, 2013 Pa. Super. LEXIS 3192 (Pa. Super. Ct. Dec. 6, 2013), ruled on December 6, 2013 that an expert’s opinion regarding the cause of a plaintiff’s injury is inadmissible under Pennsylvania Rule of Evidence 702 and the Frye standard if it is not based on
United States
19 Dec 2013
DOJ Asserts That State-Owned Enterprises Are "Instrumentalities" Of A Foreign Government
Last year, two former executives of Terra Telecommunication Corp. were convicted in federal district court in Florida of bribing employees of Haiti Teleco for the purpose of securing better calling rates and ensuring continued phone connection to Haiti.
United States
5 Oct 2012
New York Court Adopts Delaware "Common Sense" Test For Assessing Whether Claims Assert Derivative Or Direct Harm
On August 7, 2012, in "Yudell v. Gilbert", the Appellate Division, First Department adopted a test first articulated by the Delaware Supreme Court.
United States
20 Aug 2012
Supreme Court To Decide Whether Materiality Must Be Proven To Certify A Class
On June 11, 2012, the United States Supreme Court granted certiorari to resolve an issue that may impact whether companies can defeat securities fraud class actions early in the litigation.
United States
21 Jun 2012
New Jersey Supreme Court Decides 911 Operators Entitled To Immunity
The New Jersey Supreme Court filed a decision in Paris Wilson v. City of Jersey City this morning (Thursday, March 08, 2012).
United States
8 Mar 2012
Third Circuit Holds That Failing To Produce Original Documents In Discovery Can Be Considered Spoliation
In a precedential ruling with significant implications on the way parties conduct discovery in Federal Court, on January 4, 2012, the United States Court of Appeals for the Third Circuit issued a decision in Bull v. United Parcel Service, Inc., No. 10-4339 (3d Cir. Jan. 4, 2012).
United States
10 Jan 2012
New York’s Highest Court Holds That Common Law Causes Of Action Are Not Preempted By The Martin Act
On Tuesday, December 20, 2011, New York’s Court of Appeals issued a groundbreaking decision holding that a plaintiff’s common-law claims for breach of fiduciary duty and gross negligence against a securities firm were not preempted by the Martin Act—New York’s "blue sky" law.
United States
4 Jan 2012
Federal Circuit Announces Patent Eligibility Test Affecting “Business Method” Inventions
The Federal Circuit recently handed down the long-awaited “In re Bilski” opinion, which has broad implication on the patentability of “business method” inventions.
United States
11 Nov 2008
Ninth Circuit Ruling Raises Stakes For Companies And Individuals Facing Parallel Civil And Criminal Investigations
A recent decision by the United States Court of Appeals for the Ninth Circuit, United States v. Stringer, 521 F.3d 499 (9th Cir. 2008), gives government lawyers, and prosecutors in particular, significant latitude to conceal the existence of a criminal investigation from individuals and companies, and their attorneys, who are actively defending against a civil investigation initiated by a government agency.
United States
3 Jul 2008
Second Circuit Decision Affects COGSA Liability For Shipment Of Dangerous Cargo
On March 3, 2008, the United States Court of Appeals for the Second Circuit in In re M/V DG HARMONY, issued an important decision which clarifies the standard used to determine the liability of shippers and carriers transporting hazardous cargo under the Carriage of Goods by Sea Act (COGSA).
United States
10 Mar 2008
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