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Civil Procedure Updates

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

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more

Judicial Estoppel Defense in Bankruptcy Claims Likely to Get More Difficult

A recent decision from the Court of Appeals for the Eleventh Circuit has impaired a valuable defense for early dismissal or settlement with bankrupt plaintiffs. This decision will affect strategy for mortgage originators,...more

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Investment Services Regulatory Update - September 2017

by Vedder Price on

Market and Product Developments - Securities Industry Implements T+2 Settlement Cycle - On September 5, 2017, the securities industry transitioned to a shorter settlement cycle for most broker-dealer securities...more

New Wave of Climate Change Related Litigation Focuses on Industry

by Miles & Stockbridge P.C. on

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more

Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache

In 2016, the U.S. Supreme Court issued a decision in the case of Halo Electronics, Inc. v. Pulse Electronics, Inc. making it easier for courts to find willful infringement in patent cases and award enhanced damages. Prior to...more

Ocwen Predictably Reaches High-Dollar TCPA Settlement Following Class-wide Preliminary Injunction

by Dorsey & Whitney LLP on

By the time the gavel struck back on June 26, 2017, another high-dollar TCPA settlement was inevitable. On that date, Judge Matthew F. Kennelly of the Northern District of Illinois entered an order preliminarily certifying a...more

Am I Being Clear Enough? – PTAB Reaffirms Lower Pre-Issuance Threshold for Indefiniteness in Ex Parte McAward

On August 25, 2017, the Patent Trial and Appeal Board issued a precedential opinion in Ex Parte McAward, reaffirming the Patent Office’s use of a lower pre-issuance threshold for indefiniteness distinct from the Supreme...more

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...more

Seventh Circuit Holds Footlong Settlement Falls Short

The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide...more

UK Defamation: when words seriously harm

by Hogan Lovells on

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be...more

Equifax Week Two: Hack Headaches Continue

The barrage of bad news for Equifax Inc. keeps getting worse. Here’s a recap of yesterday’s events: ? Mass AG Files Lawsuit – In the first enforcement action filed against Equifax Inc., the Massachusetts Attorney General...more

Top Five Developing Issues in Class Action Litigation

Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more

Does California Side With Delaware Or New York On Special Litigation Committee Reviews?

by Allen Matkins on

As discussed in the two preceding posts, Nevada’s Supreme Court last week decided to adopt New York’s standard of review of special litigation committee recommendations to dismiss stockholder derivative suits. In re Dish...more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

Views on Venue -- District of Delaware Provides Some Guidance on Venue in ANDA Cases Post-TC Heartland

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged...more

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

Monkey See, Monkey Do… Monkey Own? The Curious Case of Naruto v. Slater

by Hogan Lovells on

When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he hardly expected to ignite a copyright battle with a monkey. Nonetheless, the legal dispute between Slater and Naruto, a crested...more

Jury Verdict of Patent Infringement in Favor of iLife Against Nintendo Awarding $10 Million in Damages

by Knobbe Martens on

Judgments and Awards - On August 31, 2017, a jury in the Northern District of Texas returned a verdict of patent infringement in favor iLife and against Nintendo. The case went to trial after the Federal Circuit on July...more

FDA Weighs in on Off-Label Use and Preemption

by Reed Smith on

Back in 2013, Ramirez v. Medtronic Inc., 961 F. Supp.2d 977 (D. Ariz. 2013), made it to #9 on our worst cases of the year list – which is pretty good (actually, pretty bad) for a trial court decision. Purporting to apply...more

Procedural FACTA Violation Failed To Satisfy Article III’s Standing Requirement

by King & Spalding on

In Stelmachers v. Verifone, the United States District Court for the Northern District of California dismissed a Fair and Accurate Credit Transaction Act (“FACTA”) complaint because the plaintiff failed to satisfy Article...more

Aviations Happenings - Fall 2017

The Fall 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant cases and developments in aviation law, including: ·$2.8 Million Verdict Upheld Against Engine...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

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