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Civil Procedure Updates

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

U.S. Supreme Court Holds that the Filing of a Class Action Does Not Toll the Securities Act’s Statute of Repose

In a 5-4 decision, issued during the final week of the its term, the U.S. Supreme Court held that the filing of a class action does not toll the three-year period provided for in Section 13 of the Securities Act of 1933....more

Supreme Court Holds That Securities-Law Statutes of Repose Are Not Subject to Class-Action Tolling

by Proskauer Rose LLP on

The U.S. Supreme Court ruled today that the pendency of a securities class action does not allow individual class members to opt out of the class and file separate actions under the Securities Act of 1933 more than three...more

Evidence of Unexpected Results Key to Grant of Substitute Claims in Inter Partes Review Proceeding

In Valeo North America, Inc. v. Schaeffler Tech. AG & CO. KG, after finding that all original claims of the patent were unpatentable during an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board granted,...more

Department of Justice Reverses Stance and Urges Supreme Court to Enforce Class Action Waivers in Employment-Related Arbitration...

by Goodwin on

The Department of Justice has reversed its stance and now urges the Supreme Court to enforce class action waivers in employment-related arbitration agreements. This increases the likelihood that the Supreme Court will side...more

West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

by Steptoe & Johnson PLLC on

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of...more

SCOTUS: Supreme Court Lifts Biosimilars by Allowing Early Commercial Marketing Notice

The Supreme Court handed down its opinion in Sandoz Inc. v. Amgen Inc., marking the first time the Court has interpreted the Biologics Price Competition and Innovation Act (“BPCIA”) for the approval of biosimilar drugs. On...more

Supreme Court Rejects Tolling Argument for Nonnamed Class Members’ Section 11 Claims

by Foley & Lardner LLP on

On June 26, 2017, the Supreme Court issued a 5-4 decision in California Public Employees’ Retirement System v. ANZ Securities, Inc., et al. (No. 16-373), holding that tolling does not apply, when a class action is pending, to...more

Cleveland Clinic Foundation v. True Health Diagnostics LLC (Fed. Cir. 2017)

Most people have had the experience of becoming lost and, having arrived at their destination, realizing that it was only one false turn that caused their confusion. For those with a physics background one can recall the...more

Supreme Court Upholds Strict Time Limit for Securities Actions

by Goodwin on

On June 26, 2017, the Supreme Court issued a decision in the closely watched case of California Public Employees’ Retirement System v. ANZ Securities, Inc., holding that claims under Section 11 of the Securities Act of 1933...more

Integrating Structured Data Into the E-Discovery Process

by Exterro, Inc. on

As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically syncing information and exchanging data with e-discovery applications has become...more

Supreme Court Rules That Equitable Tolling Does Not Apply to Section 13 of the Securities Act

In one of the first cases argued before new Justice Neil Gorsuch, the Supreme Court in California Public Employees’ Retirement System v. ANZ Securities, Inc. (CalPERS), No. 16-373, slip op. at 16-17 (June 26, 2017), decided...more

Second Circuit Declines To Adopt First Circuit's "Extreme Departure" Standard For Assessing Whether An Issuer Has A Duty To...

by Shearman & Sterling LLP on

On June 21, 2017, the United States Court of Appeals for the Second Circuit affirmed a lower court’s decision dismissing a putative class action asserting claims under the Securities Act of 1933 (the “Securities Act”) against...more

Supreme Court allows limited version of President Trump’s travel ban

by Dorsey & Whitney LLP on

On June 25, 2017, The U.S. Supreme Court today stayed injunctions issued by the federal Circuit Courts and announced that it will hear oral arguments regarding the legal challenges to President Trump’s executive order of...more

Travel Ban Update: The United States Supreme Court Will Hear The Appeal Over President Donald Trump’s Revised Travel Ban Next Term...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Supreme Court will hear oral arguments on the Travel Ban in their next term. Shortly before its summer recess, the United States Supreme Court agreed to hear oral arguments on the Trump...more

United States ex rel. Phalp

by Bass, Berry & Sims PLC on

A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently affirmed two grants of summary judgment in favor of defendant Lincare, Inc. d/b/a Diabetic Experts of America (collectively,...more

The Federal Circuit Gives Patent Owners A Fighting Chance: Due Process In IPR Proceedings

by Brinks Gilson & Lione on

The June 15 decision by the Federal Circuit, EmeraChem Holdings, LLC v. Volkswagen Group of Am., Inc., highlights the power of a procedural challenge to a final written decision by the PTAB. Procedural challenges should be...more

Delaware Supreme Court Affirms Dismissal Of Disclosure Claim Based On Subsequent Employment Of Special Committee Chair By Legal...

by Shearman & Sterling LLP on

On June 15, 2017, the Supreme Court of Delaware affirmed dismissal of a putative stockholder class action alleging breach of fiduciary duty by the directors of Blount International, Inc. (“Blount”) and aiding and abetting...more

Supreme Court Limits The Time For Filing SA §11 Suits

by Dorsey & Whitney LLP on

The Supreme Court concluded that the three year limitation period applicable to Securities Act Section 11 claims cannot be extended or tolled. California Public Employees’ Retirement System v. Anz Securities, Inc., No. 16-373...more

Massachusetts Supreme Court Ruling will Lead to More Disappointments for Employers who Purchase EPLI Policies

by Partridge Snow & Hahn LLP on

Are you sleeping better knowing that you have purchased Employment Practices Liability Insurance (“EPLI”) to cover your company against employment claims? Well it may be time to wake up....more

Travel Ban 3.0

by Davis Brown Law Firm on

On June 26, 2017, the U.S. Supreme Court agreed to hear an appeal of the injunction on the Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” known as the “travel ban,” in its...more

Banking & Financial Services E-Note - June 2017

by Burr & Forman on

In an article published by BlockTribune on June 15, 2017, Atlanta Partner Ed Snow provides insight into the use of blockchain technology by financial institutions. Please see full E-Note below for more information....more

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729...more

U.S. Supreme Court Reins in Attempts to Expand Jurisdiction

This past Monday, the U.S. Supreme Court drastically changed the landscape of mass tort litigation. In Bristol-Myers Squibb Co. v. Superior Court of California, the Court found that the State of California did not have...more

Western District Of Washington Allows Securities Fraud Action To Proceed Against Biopharmaceutical Company And Its Senior Officers...

by Shearman & Sterling LLP on

On June 14, 2017, Judge Ricardo S. Martinez of the United States District Court for the Western District of Washington denied a motion to dismiss a putative securities fraud class action against Juno Therapeutics, Inc....more

Game Over: Supreme Court Delivers Win for Class Action Defendants in Microsoft

by Jones Day on

In a victory for class action defendants, the United States Supreme Court's decision in Microsoft Corp. v. Baker puts an end to plaintiffs' manufactured appeals as of right from denials of class certification. The Court's...more

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