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Searching Content from United States indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Will The Supreme Court Take A Charitable View Of Cy Pres Settlements?
On April 30, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to review the fairness of the ever-increasing use of cy pres remedies in class action settlements.
United States
22 Jun 2018
2
Supreme Court To Determine Whether An Arbitration Clause Must Explicitly Authorize Class-Wide Arbitration
The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine "[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement ...
United States
22 Jun 2018
3
U.S. Courts May Order Owners Of Standard Essential Patents Not To Enforce Foreign Injunctions Obtained To Prevent Implementers From Infringing Those Patents
The Ninth Circuit has established a legal framework for courts to use when determining whether to enjoin litigants from enforcing injunctions ordered by courts in other countries.
United States
21 Jun 2018
4
U.S. Supreme Court: Plaintiffs May Not Piggyback Successive Class Actions Beyond Statute Of Limitations
When does time run out on filing a class action? Under the U.S. Supreme Court's seminal decisions in American Pipe & Construction Co. v. Utah and Crown, Cork & Seal Co. v. Parker ...
United States
21 Jun 2018
5
SCOTUS: American Pipe Tolling Does Not Apply To Successive Class Actions
The Supreme Court held unanimously on June 11 that American Pipe tolling does not apply to successive class actions brought outside the statute of limitations.
United States
21 Jun 2018
6
Aw Schnucks! Seventh Circuit Dismisses Data Breach Class Action By Financial Institution Plaintiffs Under Economic Loss Doctrine
The Seventh Circuit recently upheld the dismissal of a novel putative class action filed by financial institutions against grocer Schnuck Markets ("Schnucks") based on the economic loss doctrine.
United States
21 Jun 2018
7
Supreme Court Upholds Use Of Class Action Waivers In Employment Arbitration Agreements
In a significant decision awaited by U.S. employers since January 2017, the Supreme Court upheld the use of class action waivers in arbitration agreements.
United States
21 Jun 2018
8
Despite Second Shot At Ascertainability Post-Petrobras, Renewed Motion To Certify Falls Flat On Predominance Grounds
Royal Park, an investment company, recently suffered its second defeat in its attempt to certify a class action against Deutsche Bank regarding bond-like instruments collateralized by mortgages held in trusts ...
United States
21 Jun 2018
9
District Court Denies Motion For Preliminary Approval Of Class Action Settlement Citing Dearth Of Information And Failure To Follow Court's Settlement Guidelines
The District Court for the Northern District of California denied a motion for preliminary approval of a proposed settlement, citing the plaintiffs' disregard of the court's guidelines ...
United States
21 Jun 2018
10
Must A Plaintiff Representing Unnamed Parties Under California's Private Attorney General Act Comply With Rule 23's Requirements?
Must a plaintiff who brings an action under California's Private Attorney General Act (PAGA) comply with Rule 23's requirements? Although the Ninth Circuit has not addressed the issue ...
United States
21 Jun 2018
12
Reviewing The Court's Ruling On Worker Class Actions
Arbitration agreements in employment often require employees to agree to waive their ability to bring class action or collective litigation.
United States
21 Jun 2018
13
An Attorney's Guide To Bolstering A Trial Record Against Appeal
Trial attorneys prepare for issues they expect will arise.
United States
20 Jun 2018
14
The Inevitability Of Predictive Coding In International Arbitration
International arbitration cannot withstand the inexorable march of technological progress any more than the national courts with which it competes for jurisdiction.
United States
20 Jun 2018
15
New York Court Bucks Trend And Allows Discovery Of Documents Abroad Under 28 U.S.C. § 1782
A significant new ruling out of the Southern District of New York has ignited the debate over the extraterritorial scope of 28 U.S.C. § 1782.
United States
20 Jun 2018
16
Take Care With Quincecare: A Tale Of Two Transfer
If I ask my bank to transfer money from my account to another I would be surprised if the bank interferes in any way. After all if a bank receives a valid order to transfer money ...
United States
20 Jun 2018
17
Ten Inconvenient Truths About Climate Change Tort Claims
In the last decade a series of tort claims have been brought in the US against oil, gas and coal producers, power companies and car manufacturers seeking compensation ...
United States
20 Jun 2018
18
Anacor Pharmaceuticals, Inc. V. Iancu
On May 14, 2018, in Anacor v. Iancu, the Federal Circuit issued its opinion affirming the Board's invalidation of Anacor's tavaborole patent. The patent-in-suit, U.S. Patent No. 7,582,621 ...
United States
20 Jun 2018
19
NJ Court: Consolidated Rules Apply To Separate-Company Return
The taxpayer at issue ("Taxpayer") was a corporate subsidiary of MCI, Inc. ("MCI"). For federal income tax purposes, Taxpayer filed as part of the MCI consolidated group.
United States
20 Jun 2018
20
CAFC: PTAB Must Not Reformulate Petition Grounds
While most remember the Cuozzo appeal as challenging the Patent Trial & Appeal Board's (PTAB) claim construction practices ...
United States
20 Jun 2018
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