Civil Procedure General Business Civil Remedies

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law - Updated March 2015

The High Court has held that where a clause provides for an “arbitration to be held” in a given jurisdiction, there is an implied choice that the laws of that place will be the curial law – that is, the law governing the...more

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On...more

STOP, THIEF! - How to Keep Your “Secret Sauce” In-House, When an Employee Is Lured to Greener Pastures

No matter how collegial and successful a workplace you have created for your employees, attrition is an inevitable fact of life in business, and in government contracting in particular. ...more

Texas Claims Are Getting Nasti: The Insured’s Burdens

Texas courts have long taken the position that “[w]hen covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.”...more

NJ Supreme Court Issues Companion Decisions That Impact Insurers’ Handling of UM/UIM Matters and Address New Jersey’s “Fairly...

On February 18, 2015, the New Jersey Supreme Court issued companion decisions – Badiali v. New Jersey Manufacturers Insurance Group and Wadeer v. New Jersey Manufacturers Insurance Group – that impact insurers’ handling of...more

Insurer And Online Ticket Company Reach Settlement Stemming From Data Breach

On February 13, 2015, the U.S. District Court for the Northern District of California dismissed with prejudice St. Paul Fire and Marine Insurance Company’s declaratory judgment lawsuit against Vendini, Inc., noting that the...more

The Latest on Major Defense Verdicts in Arizona

What’s the latest news on Arizona’s civil defense verdicts? Here are some interesting defense verdicts from 2014: - Steak Out Restaurant & Saloon, L.L.C. et al. v. Old Lobos T&T, L.L.C. et al. Steak Out Restaurant...more

Bernstein Shur Business and Commercial Litigation Newsletter #49

We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more

Tough Sell for Bechtel: American General Files Suit in Florida

On January 29, 2015, American General Life Insurance Company filed a complaint against Kevin H. Bechtel and Life Brokerage Partners, LLC, in the United States District Court for the Middle District of Florida, Tampa Division....more

Do Treble Damages Count Toward Minimum Amounts In Controversy?

Today’s post involves the relationship between N.C. Gen. Stat. § 75-1.1 and amounts in controversy—especially the new amount in controversy in the statute that governs assigning cases to the North Carolina Business Court....more

Manufacturing Matters – Winter 2015

In This Issue: - Pre-action costs protection in environmental claims - Shared Parental Rights – what you need to know - Due diligence on your partner in China – are you talking to the right person? - An Interview...more

Connecticut Supreme Court Determines that Commercial General Liability Insurers Have Right to Obtain Declaratory Ruling as to...

Many construction professionals in Connecticut, and in particular those who do business with the State, are well aware of the Connecticut Supreme Court’s decision in State v. Lombardo Bros. Mason Contractors, Inc., 307 Conn....more

Fourth District Reverses Lower Court Ruling in Construction Defect Litigation

On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586. The case is significant in...more

Abu Dhabi Global Market

On 6 January 2015, the Abu Dhabi Global Market (“ADGM”), the newly created free-zone and international financial centre located on Al Maryah Islands, Abu Dhabi, issued six consultation papers proposing new legislation for...more

Standard Of Reasonableness In Contract With Public Body: Wednesbury Not Applied

In David Krebs v NHS Commissioning Board (As successor body to Salford Primary Care Trust) [2014] EWCA Civ 1540 The Court of Appeal ruled that the NHS Commissioning Board (NHSCB) had not acted unreasonably in terminating a...more

Court Confirms Standard for Appellate Opinion Dispositions - “Do Not Hide Elephants in Mouseholes”

In Ducoing Management, Inc. v. Superior Court (filed 2/10/2015 after rehearing, No. G050457), the California Court of Appeal, Fourth District, held that a reversal of a nonsuit judgment "in all other respects" also served to...more

Part 36 Offer Taken Into Account On Costs Even Though Beaten At Trial

In Sugar Hut Group Ltd & ors v AJ Insurance [2014] EWHC 3775 (Comm) Eder J applied the court's general discretion to decide on the appropriate costs payable to a successful claimant. CPR Part 44 was applied to take into...more

McWane, Inc. v. Lanier, C.A. No. 9488-VCP (Del. Ch. Jan. 30, 2015) (Parsons, V.C.)

In this memorandum opinion, the Court of Chancery denied defendants’ motion to dismiss or stay for lack of personal jurisdiction. The Court held that a mandatory forum selection clause in a merger agreement controlled over a...more

Jurisdictional limits of cartel laws in Australia and the United States - ACCC v Air New Zealand and Motorola Mobility v AU...

Commerce may be increasingly global, but there remain limits on the extraterritorial application of cartel laws in individual countries. In late 2014, Courts in Australia and the United States (US) delivered judgments...more

Cunningham v. Feinberg: Virginia Employers May be Answerable in Maryland Courts for Unpaid Wages

In a case with potential significance for many Virginia employers, the Court of Appeals of Maryland recently decided in Cunningham v. Feinberg that the Maryland Wage Payment and Collection Law (“MWPCL”) may be applicable to...more

Choice-of-Law Agreements and Public Policy Enforceability Exception

By statute, Delaware has affirmed the ability of parties to agree to have their rights, remedies, liabilities, powers and duties governed by the law of Delaware. Originally published in the Delaware Business Court...more

SEC Seeks Chevron Deference to Unnecessary Ruling that Dodd-Frank 180-Day Enforcement Directive Doesn’t Matter

In a brief filed last week, the SEC urged the D.C. Circuit to give Chevron deference to the Commission’s unnecessary conclusion that Congress’s 180-day enforcement deadline doesn’t matter. The conclusion is consistent with...more

Sinchareonkul v. Fahnemann, C.A. No. 10543-VCL (Del. Ch. Jan. 22, 2015) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery denied the plaintiff’s motion for an expedited preliminary injunction hearing to be held prior to February 10, 2015, but found that good cause existed for an expedited two-day...more

"Fee-Shifting, Financial Advisor Liability Among Likely Delaware Law Issues for 2015"

The Delaware courts weighed in on familiar issues of importance last year, including multiforum deal litigation and the emphasis on an independent board process, while also delving into relatively new territory such as...more

Advocate General’s opinion in key collective redundancy cases

Adam Hartley, a Partner in our London office, comments: As we reported at the beginning of the month, on 20 November 2014 the ECJ heard legal arguments in the Woolworths’ case and two other cases, Lyttle & Others v Bluebird...more

1,211 Results
|
View per page
Page: of 49

Follow Civil Procedure Updates on: