Civil Procedure › Business Torts › Conflict of Laws

Making A Statement: The Two Faces Of Janus In The SDNY

Almost two years after the Supreme Court issued its momentous decision in Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011), lower courts continue to reach significantly different conclusions...more

First Circuit Oral Argument Considers the Proper Standard Governing the False Claims Act’s “First-to-File” Rule

The United States Court of Appeals for the First Circuit recently heard oral arguments in United States ex rel. Heineman-Guta v. Guidant Corp., et al. (12-1867). During oral argument, the panel considered, among other issues,...more

Recent Federal Court Rulings Reaffirm Broad Supersession of Common Law Claims under California's Uniform Trade Secrets Act

Last month, two federal district courts reaffirmed that litigants may not plead around California's Uniform Trade Secrets Act (UTSA) by alleging common law tort claims said to protect business information that does not...more

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more

Food Litigation Newsletter - February 2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

Sixth Circuit: FERA False Claims Act Amendment Applies Retroactively to Cases Pending as of June 7, 2008

On November 2, 2012, the Sixth Circuit held that a 2009 amendment Congress made to the liability provisions of the False Claims Act ("FCA") applies retroactively to civil FCA cases pending as of June 7, 2008. U.S. ex rel....more

Conflicts of Interest -- What are they, and must they all be disclosed?

The FAA sets the rule that an arbitration award may be vacated “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. Sec. 10(a) (2). We know from Commonwealth Coatings Corp. v. Continental Cas. Co.,...more

In Terrorem Impact of Securities Class Actions May Increase After Amgen

On June 11, 2012, the Supreme Court agreed to answer two critical class certification questions in a securities fraud case that could increase the in terrorem settlement value of these actions dramatically. The case, Amgen...more

Supreme Court to Revisit the Fraud-on-the-Market Presumption

Today, the Supreme Court agreed to hear an appeal involving certification of securities fraud class actions. The case, Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, --- S. Ct. ----, 2012 WL 692881...more

Federal Court of Appeals Affirms Dismissal of State Law Claim of Fraud By Combination of State Substantive Law Requirements and...

Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports...more

Paris International Litigation Bulletin no. 3

RECENT DEVELOPMENTS French legislative and regulatory developments Page 4 French proceedings Page 7 UPDATES The dematerialisation of French civil procedure: More than ever a reality Page 9 Reform of the French Blocking...more

District Court in BP Securities Class Action Dismisses Non-U.S. Securities Claims on the Basis of Morrison and Effective...

In re BP p.l.c. Securities Litigation, MDL No. 10-md-2185 (S.D. Tex. Feb. 2012), is a 129-page decision comprehensively addressing the allegations underlying and the securities claims arising from the BP oil spill of...more

Post-Morrison, State Law Rather Than Federal Supports Claims By Non-U.S. Investors for Alleged Securities Fraud

We have been following the law’s development since the U.S. Supreme Court’s decision in the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191). Morrison held that Section...more

Chevron v. Naranjo, et al.

Second Circuit Opinion Dismissing Chevron's Attempt to Bar Enforcement of Ecuador Judgment.

The U.S. Court of Appeals for the Second Circuit in New York issued an opinion explaining its decision to overturn a district court injunction barring enforcement of the judgment outside of Ecuador. Chevron filed suit in...more

Paris International Litigation Bulletin no. 2

RECENT DEVELOPMENTS French legislative and regulatory developments Page 4 French proceedings Page 6 European and international law Page 7 FEATURES The so-called inefficiency of the French legal system: Myth or reality...more

United Pacific Energy Operations and Consulting vs. Gas and Oil Technologies, etc., et al

Trial Brief

In March of 2011, after a trial in the Kern County, California Superior Court, my clients, a publicly-traded Canadian exploration company, two of its principals and a California subsidiary, were awarded monetary damages in...more

Court Finds Martin Act Does Not Preempt Non-Fraud Tort Claims

Plaintiffs brought claim in New York federal court for common law fraud, negligent misrepresentation, and breach of fiduciary duty against Defendant ThinkStrategy Capital Management, LLC (“ThinkStrategy”), a “fund of funds”...more

Paris International Litigation Bulletin no. 1

OVERVIEW OF RECENT DEVELOPMENTS Legislative developments in France Page 1 Proceedings before French courts Page 1 European law Page 3 Foreign case law Page 4 FEATURES The French Supreme Court holds that an order to...more

Supreme Court: Bankruptcy Courts Cannot Decide Debtors’ State Law Counterclaims

In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over...more

Enforcing Foreign Injunctions

Enforcing foreign injunctions in Ontario....more

Weatherford vs. Gas & Oil Technologies; Tearlach vs. Western States, etc., et al

Trial Brief resulting in $18.7 million judgment in oil & gas lease litigation

This is a Trial Brief of the Defendants and Cross-complainants in complex, international oil & gas litigation in the Kern County Superior Court. The case involved a number of disputes concerning oil and gas lease rights,...more

Campmor, Inc. v. Brulant, LLC

Opinion and Order Granting in Part and Denying in Part Brulant LLC's Motion to Dismiss under FRCP 12(b)(6)

Campmor, Inc., successful online retailer and customer of "online channel partner" Brulant, LLC, brings suit based on breach of contract, breach of warranty, negligence, fraud, consumer fraud and related claims arising from...more

Campmor, Inc. v. Brulant, LLC

Memorandum of Law of Plaintiff in Opposition to Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)

Campmor, Inc., successful online retailer and customer of "online channel partner" Brulant, LLC, brings suit based on breach of contract, breach of warranty, negligence, fraud, consumer fraud and related claims arising from...more

An 'Unconventional Truth': Conflict of Laws Issues Arising Under the CISG

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and...more

SEUNG WOO LEE vs. IMAGING3, INC.

Appellant's Opening Brief

This case involves disputed contentions concerning the validity of an award made against Defendant/Appellant before the Korean Arbitration Board and of the counterclaims of Appellant before the United States District Court....more