Monica Platt

Monica Platt

Schnader Harrison Segal & Lewis LLP

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Latest Publications


The CFPB Takes Aim at Arbitration Clauses in Contracts for Consumer Financial Products

The Consumer Financial Protection Bureau (CFPB) last week issued two proposals aimed at weakening and discouraging arbitration clauses in contracts for consumer financial products. First, the CFPB proposes prohibiting the...more

10/16/2015 - Arbitration Agreements CFPB Class Action Consumer Financial Products

Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear...more

2/26/2015 - Clear Error Standard De Novo Standard of Review Patent Infringement Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents SCOTUS Teva v Sandoz

Extension of Time to Appeal May Not Be Available When a Party Has Failed Adequately to Monitor Events in a Case

If you do not learn of a federal trial court’s dispositive order until more than 30 days after the order’s entry, can you still appeal? A recent decision in Texas instructs that the answer may be “No.” In Two-Way Media, LLC...more

3/7/2014 - E-Filing Rules of Civil Procedure Time Extensions

Supreme Court Confirms That Merits Decisions Are Final and Appealable Even When Contractual Fees Remain Unresolved

The U.S. Supreme Court has provided much-needed clarity and uniformity on the issue of whether contractual attorney’s fees are a part of a merits decision for the purposes of determining timeliness of a federal appeal. Ray...more

1/30/2014 - Appeals Attorney's Fees Final Judgment Litigation Fees & Costs Ray Haluch Gravel v International Union of Operating Engineers SCOTUS

Third Circuit Remands Marcellus Shale Case Based on the Class Action Fairness Act's Local Controversy Exception

The Third Circuit recently clarified the home state and local controversy exceptions to the Class Action Fairness Act (CAFA), remanding proceedings in a case involving Marcellus Shale oil and gas leases to a Pennsylvania...more

12/10/2013 - CAFA Marcellus Shale Mineral Leases Oil & Gas Shale Gas

Supreme Court to Determine the Appealability of Merits Decisions When Contractual Fee Disputes Remain Unresolved

The U.S. Supreme Court recently granted certiorari in a case that could have far reaching impact in litigation involving federal claims for attorney’s fees. In Ray Haluch Gravel Co. v. Central Pension Fund of the...more

7/17/2013 - Appeals Certiorari Final Judgment Litigation Strategies Ray Haluch Gravel v International Union of Operating Engineers SCOTUS

Proposed Changes to Federal Rules Would Place New Limits on Discovery

Proposed changes to the Federal Rules of Civil Procedure would significantly affect the scope of discovery. The modifications arise from concern about the long life of a case before trial or settlement and a worry that...more

7/4/2013 - Discovery Federal Rules of Civil Procedure

Federal Court Dismisses Class Action Complaint Based on Pre-Complaint Offer of Settlement

In Datascope Analytics, LLC v. Comcast Cable Communications, Inc., No. 13-608, 2013 U.S. Dist. LEXIS 70215 (E.D. Pa. May 17, 2013), the District Court dismissed a proposed class action at the inception of the lawsuit because...more

6/6/2013 - Class Action Comcast Damages Dismissals Rule 68 Settlement Unfair Pricing

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