Mondaq USA: Litigation, Mediation & Arbitration > Trials & Appeals & Compensation
Lewis Brisbois Bisgaard & Smith LLP
On March 5, 2018, the California Supreme Court issued an important decision in Alvarado v. Dart Container Corporation ("Alvarado")...
Ropes & Gray LLP
Today the Patent Trial & Appeal Board (PTAB) added to its growing stockpile of cases that address the meaning of "same or substantially the same prior art or arguments" under 35 U.S.C. § 325(d).
Jones Day
The government had charged that a taxpayer who paid expenses in cash, did not maintain tax records, and kept a second set of books violated Section 7212(a).
Akin Gump Strauss Hauer & Feld LLP
The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA's prohibition against using automated dialing devices to make unsolicited calls to cellular telephones.
Seyfarth Shaw LLP
Seyfarth Synopsis: In a much-awaited decision on which courts and counsel have reached different conclusions for years, the United States Supreme Court held on March 20, 2018 that the "SLUSA" does not...
Foley Hoag LLP
In a case of first impression, the Massachusetts Supreme Judicial Court held in Rafferty v. Merck & Co., that the manufacturer of a brand-name prescription drug can be liable for reckless failure...
Fenwick & West LLP
The U.S. Supreme Court has ruled that class action plaintiffs can bring claims under the Securities Act of 1933 in either state or federal court.
Troutman Sanders LLP
The Ninth Circuit Court of Appeals recently held that an agreement between a district attorney and private law firms to litigate actions in the name of the district attorney based on a contingency fee ...
Withers LLP
U.S. District Judge William H. Alsup ruled that San Francisco and Oakland California's claims, which alleged that Exxon, BP and other fossil fuel producers are liable for global warming, ...
Proskauer Rose LLP
The Supreme Court ruled today that the 1998 amendments to the federal securities laws did not strip state courts of jurisdiction over class actions alleging violations ...
Jones Day
A few weeks ago, we posted an article discussing the Federal Circuit's decision in Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018).
Jones Day
On March 13, 2018, in Nestlé USA, Inc. v. Steuben Foods, Inc., 2017-1193 (Fed. Cir. Mar. 13, 2018), the Federal Circuit confirmed that collateral estoppel may preclude the need to revisit an issue...
Jones Day
In a recent order, the Commission again declined to institute an Early Disposition Pilot Program (100-day Pilot Program), this time citing the complexity of the issues raised in the request.
Reed Smith
All of us – defense lawyers, plaintiff lawyers, and judges – tend to assume that the federal Daubert standard for admissibility of expert testimony is more rigorous than competing standards...
Wilson Elser Moskowitz Edelman & Dicker LLP
On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants' motion for partial summary judgment in a case involving the embedding of an image online and called into question...
Akin Gump Strauss Hauer & Feld LLP
Indeed, the PTAB noted that it did not exercise its discretion due to the "unique facts" of the proceeding.
RPX Corporation
Recent SEC filings suggest ever shakier financial ground for Quest Patent Research Corporation (QPRC), as the publicly traded NPE approaches trial in one of its open campaigns, litigated by subsidiary Semcon IP Inc.; revives a second campaign, litigated by subsidiary Mariner IC Inc.; and discloses the acquisition of yet another group of patents from Intellectual Ventures LLC (IV) by a third subsidiary, CXT Systems, Inc
Foley & Lardner
A feature of 28 U.S.C. § 1332, the diversity-jurisdiction statute, may make you scratch your head and wonder why it's there.
Proskauer Rose LLP
In Dean v. Friends of Pine Meadow, plaintiffs filed an action for interference with prospective economic advantage and defamation in response to defendants' negative statements and publications concerning...
Lewis Brisbois Bisgaard & Smith LLP
In Farmers Texas County Mutual Insurance Company v. Zuniga, the Court of Appeals in San Antonio, Texas assessed whether the insuring agreement, which contained a promise to "pay damages for bodily injury,"...
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Proskauer Rose LLP
Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016...
Holland & Knight
While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 ...
K&L Gates
In In re GR BURGR, LLC, C.A. No. 12825-VCS (Aug. 25, 2017), the Delaware Court of Chancery exercised its power under Section 18-802 of the Delaware Limited Liability Company Act to effect...
In its June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court held that implied certification claims are viable under the FCA...
Seyfarth Shaw LLP
Continuing our annual tradition, we present the top developments/headlines for 2017/2018 in trade secret, computer fraud, and non-compete law.
Field LLP
Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean...
Troutman Sanders LLP
On September 20, 2017, a group of construction union trusts that operate in the New York City metropolitan area successfully obtained a $76 million award from a midtown construction firm...
Phelps Dunbar LLP
The Louisiana Court of Appeal for the Third Circuit has decided that a floating riverboat casino is not a vessel within the meaning of the general maritime law, and that an employee ...
Lincoln Derr PLLC
I've seen many attorneys who simply cannot resist the scrap. They cannot wait for the big fish. However, the reward is often worth the wait. Concede the facts that do not matter and focus on the critical facts in your theory of the case.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott's emergency rule on generators and fuel, cautious senior living facility...
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