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Civil Procedure Civil Remedies

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

Removing an arbitrator is an extreme remedy

by Dentons on

You might not like an arbitrator's order or an award, but you cannot seek to remove the arbitrator unless their actions have caused or might lead to substantial injustice....more

One Strike and You’re Out—Third Circuit Holds a Single Severe Incident Sufficient to Establish a Harassment Claim

The United States Court of Appeals for the Third Circuit held on July 14, 2017 that a single severe incident of harassment may give rise to a claim of workplace harassment in Castleberry v. STI Group, No. 16-3131 (3d Cir....more

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s...more

State AGs seek injunction against Dept. of Education postponement of the Borrower Defense Rule; DeVos continues “regulatory reset”...

by Ballard Spahr LLP on

Eighteen states and the District of Columbia have filed suit against Secretary of Education Betsy DeVos seeking an injunction of the Department of Education’s indefinite postponement of the Obama Administration’s Borrower...more

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by...more

Cloud Data is Within Defendant’s Possession, Custody and Control, Court Rules: eDiscovery Case Law

by CloudNine on

This case is a few months old, but is one of the cases we will cover in next week’s webcast Key eDiscovery Case Law Review for First Half of 2017. In Williams v. Angie’s List, No. 1:16-00878-WTL-MJD (S.D. Ind. April 10,...more

You Can Dance If You Want To

In borrowing a page from the '80s band "Men Without Hats," on June 12, 2017, the U.S. Supreme Court brought greater certainty for both biosimilar applicants and originator companies. In Sandoz Inc. v. Amgen Inc., the Supreme...more

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more

Punitive damages declared enforceable by the Italian Supreme Court (Italian)

by Dentons on

"Punitive damages" land in Italy - Le Sezioni Unite della Corte di Cassazione con sentenza n. 16601, pubblicata il 5 luglio 2017, hanno ritenuto ammissibile il riconoscimento in Italia dell’istituto dei danni punitivi o...more

Tort Reform Update: Missouri Changes Rules for Recovery of Medical Bills as Damages

by Lathrop Gage on

On July 5, 2017, Missouri Governor Eric Greitens signed into law Senate Bill 31. This tort reform measure prescribes new evidentiary rules for plaintiffs who seek to recover as damages the medical bills they incurred as a...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...more

Recent Developments Regarding Noncompete Agreements

by Payne & Fears on

There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and geographic...more

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

Hong Kong Enacts Apology Legislation

On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance. This decrees that an out-of-court expression of a person’s regret, sympathy or benevolence, including a statement that he is sorry about a...more

Delaware Chancery Court Dismisses Post-Closing Challenge To Two-Step Merger Under Corwin Finding Tendering Stockholders Were Fully...

by Shearman & Sterling LLP on

On July 13, 2017, Vice Chancellor Tamika Montgomery-Reeves of the Delaware Court of Chancery dismissed a former stockholder’s breach of fiduciary duty claims against the former directors of Diamond Resorts International...more

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer’s profits in Stone Creek v. Omnia Italian Design, Case No....more

Recent Arizona Commercial Law Cases

by Snell & Wilmer on

Over the last few months there have been several significant commercial law cases in Arizona. These have included four Court of Appeals and three Supreme Court cases, each addressing common loan document provisions and...more

Chris Lazarini Comments on Waiver of the Right to Seek Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more

The Second Circuit Overturns Watershed Conviction Of Sheldon Silvery Based On Recent Supreme Court Decision

by Shearman & Sterling LLP on

On July 13, 2017, the U.S. Court of Appeals for the Second Circuit overturned the high-profile, political corruption conviction of one of the most powerful politicians in New York State— former Speaker of the New York State...more

Soto v. Sacco

Arizona Supreme Court Clarifies Standards for Remittitur in Soto v. Sacco - The Arizona Supreme Court has clarified the standard for remittitur (and additur) under Ariz.R.Civ.P. 59(i) (now Rule 59(f)), as well as the...more

Lack of Clarity for Reason for Denying Permanent Injunction Results in Remand

In Genband US LLC v. Metaswitch Networks Corp., [2017-1148] (July 1-, 2017), the Federal Circuit vacated the denial of a permanent injunction and remanded for reconsideration....more

Federal Circuit Clarifies Standard To Prove Irreparable Harm For Injunctive Relief

by Brinks Gilson & Lione on

On July 10, 2017, the Federal Circuit issued a decision in Genband US LLC v. Metaswitch Networks Corp. regarding the standard for proving irreparable harm for purposes of obtaining injunctive relief in a patent case....more

D.C. Circuit Vacates Portions of EPA's Definition of Solid Waste Rule

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more

The U.S. Supreme Court Limits Sanctions to Compensation, Not Punishment

by Moore & Van Allen PLLC on

It is not every day the U.S. Supreme Court pays attention to matters that affect the practice of discovery, but that day came with Goodyear Tire and Rubber Co. v. Haeger, 581 U.S. ___, 137 S.Ct 1178 (April 18, 2017). Writing...more

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