Law360 has published “Using Int'l Discovery Statute After High Court Limits Its Scope”
The article discusses foreign litigants’ use of U.S.-based discovery procedures pursuant to Section 1782 of the U.S. Code, as well as...more
- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review.
- Courts are closely scrutinizing regulations to determine if they are genuinely...more
• The Supreme Court held that courts should determine whether disputes are excluded from arbitration under the FAA, even if the parties agreed that arbitrators should decide all questions of arbitrability.
• The Court...more
1/17/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more
8/21/2017
/ Appeals ,
Article III ,
Credit Reports ,
Data Breach ,
Determination on Remand ,
Fair Credit Reporting Act (FCRA) ,
Imminent Harm ,
Injury-in-Fact ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standard of Review ,
Standing ,
Statutory Violations
Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an...more
Article III of the U.S. Constitution extends the federal judicial power only to “Cases” and “Controversies.” The Supreme Court has long held that no case or controversy exists unless the party invoking federal jurisdiction...more