Civil Remedies, Civil Procedure

Illinois Supreme Court Holds TCPA Damages Not Punitive

by Traub Lieberman Straus & Shrewsberry LLP on 5/24/2013

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

English court supports enforcement of arbitral award, granting worldwide injunction requiring disclosure of assets

by Amanda Cowell, Jason Yardley | White & Case LLP on 5/24/2013

This morning, Mr Justice Field handed down his decision in the case of Cruz City 1 Mauritius Holdings v Unitech Limited and others [2013] EWHC 1323 (Comm), confirming the jurisdiction of the English courts to order a...more

Texas Puts its Lone-Star Spin on Trade Secret Protection

by Jonathon K. Hance, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D., Jeffrey S. Whittle | Bracewell & Giuliani LLP on 5/24/2013

Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more

Louboutin International Trademark Dispute

by Anjali Shankar | Winthrop & Weinstine, P.A. on 5/24/2013

Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

by Nicole Skolout | BakerHostetler on 5/23/2013

On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

by Megan Misko | King, Krebs & Jurgens, PLLC on 5/23/2013

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 5/23/2013

The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more

Ninth Circuit Reverses Class Action Coupon Settlement Because Attorneys Were Awarded Fees Based on Hours Worked Rather Than Coupon...

by Mira Serrill-Robins | Proskauer - Privacy & Data Security on 5/23/2013

On May 15 a Ninth Circuit panel reversed the district court’s approval of a class action settlement, holding that attorney’s fees awarded in connection with a coupon for the class members must be tied to actual redemption of...more

The Supreme Arbitrazh Court Clarifies Russian Public Policy

by Francesca Albert, Dmitry Kurochkin | Dechert LLP on 5/23/2013

The Presidium of the Supreme Arbitrazh Court (“SAC”) recently published Information Letter No. 156 approving the Review of the Arbitrazh Courts’ Practice of Considering Cases Concerning the Application of Public Policy as a...more

Law360 Quotes Lloyd Chinn on the U.S. Supreme Court’s Granting of Certiorari in Lawson

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/22/2013

In a Law360 article (subscription required) today, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the U.S. Supreme Court’s decision to hear its first-ever whistleblower case under the...more

Not on the Rink in My Backyard - Ontario Court Rejects Bid to Enforce Ecuadorian Judgment Against Chevron Corp.

by April Grosse, Jeffrey S. Leon, Sheena Owens | Bennett Jones LLP on 5/22/2013

It is well-known that for 20 years Chevron Corp. has been engaged in litigation with residents of the Lago Agrio region of Ecuador over alleged environmental and health damage arising out of oil exploration activities by...more

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

Tax Court Of Canada Issues A Comprehensive Ruling On Privilege Issues And The Appropriate Exercise Of Remedies To Address...

by Douglas Stewart | Dentons on 5/22/2013

In a recent Tax Court of Canada ruling on a motion heard in Imperial Tobacco Canada Limited v. The Queen, 2013 TCC 144 the Court considered a motion for an Order directing the Appellant to attend and be cross-examined on its...more

U.S. Supreme Court to Decide Whether SOX’s Whistleblower Provision Protects Employees of Publicly Traded Company’s Contractors

by Noa Baddish, Lloyd B. Chinn, Harris M. Mufson | Proskauer - Whistleblowing & Retaliation on 5/21/2013

On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not...more

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

Record $240M Award for Abuse of Disabled Workers Slashed to $1.6M

by Sylvia Hsieh | Lawyers.com on 5/20/2013

A jury verdict earlier this month to mentally disabled workers who were abused and forced to live in a “house of horrors” has been drastically slashed after trial....more

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

by Smith Law Group, P.C. on 5/20/2013

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court...more

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

Court Overturns $6.5M Verdict In First Actos Trial

by Sylvia Hsieh | Lawyers.com on 5/17/2013

Soon after a jury awarded $6.5 million to a California man who claimed the diabetes drug Actos caused him to develop bladder cancer, a court erased the verdict....more

The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million

by Ari H. Gerstin, Elizabeth F. Hodge | Akerman Senterfitt on 5/17/2013

On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury...more

Temporary Regulatory Takings Do Exist in California!

by Katrina Diaz, Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 5/17/2013

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

by Laura Gill, E. Bruce Mellett | Bennett Jones LLP on 5/17/2013

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

U.S. Supreme Court Raises Standards For Class Certification

by Kenneth A. Manning | Phillips Lytle LLP on 5/17/2013

Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Delaware Chancery Court Finds Settlement Agreement Enforceable Despite Lacking Signature

by Jason F. Clouser, William M. Regan | Katten Muchin Rosenman LLP on 5/16/2013

The Delaware Court of Chancery recently ruled that a settlement agreement does not have to be fully executed by all parties to be enforceable....more

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Civil Remedies › Civil Procedure