Civil Procedure | JD Supra Legal News, Updates, Analysis, & Information

Patents County Court: Case Management Directions

by Jane Lambert on 5/20/2012

Case management conferences are very important in Patents County Court litigation. They present the only opportunity to stay an action or transfer it to another court. They are the occasion when the court decides the...more

Higher Education Highlights - Spring 2012

by Saul Ewing LLP on 5/18/2012

In This Issue: - Will the U.S. Supreme Court Uphold Race-Based Affirmative Action? pages 1 - 3 - UCLA and Professor Face Fines and Criminal Charges in the Aftermath of Fatal Lab Fire pages 4 - 5 - Law School...more

Is It Privileged? Privilege Issues for In-House Counsel By Robert LoBue

by Patterson Belknap Webb & Tyler LLP on 5/18/2012

Originally published in NYSBA Inside | Spring/Summer 2012 | Vol. 30 | No. 1. SPECIAL ISSUE: WHAT’S NEW IN ETHICS AND PRIVILEGE. The attorney-client privilege is a potent and practical rule of law based on the...more

Executive Entitled to Bonus Despite Breach of Fiduciary Duty

by Fraser Milner Casgrain LLP on 5/18/2012

The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more

Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative...

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in...more

Just When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that Refinanced Lenders Can Be “Pulled Back In” and Held...

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the U.S. Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition payments they had...more

Premarital Sex is Not Protected Under Title VII - But Pregnancy Is

by Akerman Senterfitt on 5/18/2012

Premarital sex is not protected activity under Title VII. But it can lead to pregnancy, which is a protected status under Title VII. Which raises the question: can an employer use an employee’s pregnancy as evidence of...more

Spoliation and Social Media

by Fraser Milner Casgrain LLP on 5/18/2012

News media have paid significant attention to court orders requiring production of relevant documents from Facebook and social media sites in the course of litigation. As described in my recent post, the Ontario Information...more

In re Baxter International, Inc. (Fed. Cir. 2012)

by McDonnell Boehnen Hulbert & Berghoff LLP on 5/18/2012

In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be...more

Franchise Review - May 2012: Other Legislation

by Osler, Hoskin & Harcourt LLP on 5/18/2012

In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation. But when your apology is not accepted and you end up...more

Legal Alert: Minnesota Supreme Court Expands Sexual Harassment Cause of Action under State Law

by Ford & Harrison LLP on 5/18/2012

Executive Summary: Yesterday, the Minnesota Supreme Court concluded for the first time that a cause of action exists under the Minnesota Human Rights Act (MHRA) for a hostile work environment based on sex without evidence...more

Second Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative Defense for “Alter Ego” or “Proxy” Harassment

by Cullen and Dykman LLP on 5/18/2012

Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775(1998) and Burlington Industries,...more

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Civil Procedure Updates – May 21, 2012