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Civil Procedure Updates

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Ambulance Service Declared a Learned Profession in NJ

by Faegre Baker Daniels on

Who knew? In New Jersey ambulance service is considered a “learned profession,” up there with medicine and law. And that classification provides more than prestige. It means exemption from the state’s Consumer Fraud Act...more

Ninth Circuit Holds that FDA Violations Can Lead to FCA Liability

by Arnall Golden Gregory LLP on

On July 7, 2017, the Ninth Circuit Court of Appeals issued an opinion in United States ex rel. Campie v. Gilead Sciences, Inc., holding that violations of Food and Drug Administration (FDA) regulations could create liability...more

ERISA Procedural Rights Violations Can Still State Federal Claims

Last year, the United States Supreme Court decided Spokeo v. Robins, holding that a procedural violation of a statute is insufficient to create a “concrete” injury and confer standing if the plaintiff suffered no real harm....more

Second Circuit Follows Viking Pump Methodology to Calculate Total Insurance Liability for Environmental Cleanup Efforts Spanning...

On July 17, the U.S. Court of Appeals for the Second Circuit decided the case of Olin Corporation v. OneBeacon America Insurance Company, an environmental insurance recovery lawsuit. Olin Corporation has filed such lawsuits...more

N.D. Illinois Dismisses Illinois Whistleblower Act Claim

The U.S. District Court for the Northern District of Illinois recently granted a Rule 12(b)(1) and (6) motion to dismiss a former employee’s complaint alleging retaliation under the Illinois Whistleblower Act (“IWA”).  Huang...more

Tips For Telephonic Depositions For Attorneys & Court Reporters

by Kramm Court Reporting on

Everyone is looking for opportunities to save costs these days in litigation. Many attorneys are choosing to take depositions telephonically so as to not incur travel costs and to save travel time. Here are some ideas on how...more

Privette Doctrine Prevails To Protect Maintenance Contractor

In Alvarez v. Seaside Transportation Services, LLC et al. (No. B275980, filed July 20, 2017), Division Eight of the Second Appellate District affirmed a trial court grant of summary judgment to defendants based on the...more

Court of Chancery Advocates New Test Governing Preclusion in Derivative Litigation

by Morris James LLP on

In re Wal-Mart Stores Inc. Delaware Derivative Litig., C.A. No. 7455-CB (Del. Ch. July 25, 2017) - This is an important decision holding that just because one derivative litigation was dismissed for failure to overcome...more

House passes H.J. Res. 111 to override CFPB arbitration rule

by Ballard Spahr LLP on

Yesterday afternoon, the House of Representatives, by a 231-190 partisan vote, passed H.J. Res. 111 which provides for Congressional disapproval under the Congressional Review Act (CRA) of the CFPB’s final arbitration rule...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES B. Widdowson v. Rockwell [2017] B.C.J. No. 457, per Kent, J. [4233]

by Field Law on

II. LIABILITY ISSUES - B. A commercial host’s liability with respect to an intoxicated patron will not necessarily end when the patron arrives safely home – it is not necessarily a break in the chain of...more

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

The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug Velcade®, thus extending the life of...more

New York State Appellate Court Finds Arbitration Agreement Requiring Employees to Bring Claims Individually Violates The National...

by Littler on

On July 18, 2017, in Gold v. New York Life Ins. Co., New York’s Appellate Division, First Department issued a decision that directly contradicted the decision of the U.S. Court of Appeals for the Second Circuit in Sutherland...more

The Importance of Careful Coverage Analysis

Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor....more

First Amendment Protects Right to Record Police Activity, Third Circuit Holds

by Blank Rome LLP on

The Third Circuit recently joined the growing consensus of courts recognizing that the First Amendment protects the act of recording police officers conducting their official duties in public. In Fields v. City of...more

Standstill agreements: difference between suspension or extension

by Allen & Overy LLP on

Parties often enter into standstill agreements when approaching the expiry of a limitation period. This case shows the difference between suspending time and extending time for the purposes of limitation in a standstill...more

Settling claims with one joint tortfeasor

by Allen & Overy LLP on

Settlement with one tortfeasor resulted in claims against another tortfeasor being released too, which was not what the claimant had intended. In this regard, the Court of Appeal highlighted the distinction between a...more

Certification Of Alleged Misclassified Bakery Distributors Denied Due To Predominance Of Individualized Issues

by Jackson Lewis P.C. on

Class certification would have been granted in Soares v. Flowers Foods, Inc., 3:15-cv-04918 (N.D. Cal., June 28, 2017), but for the allegedly misclassified independent contractors’ decision to deliver, or not deliver, the...more

Expert witnesses in accounting disputes

by Allen & Overy LLP on

At a time of increasing disputes involving accounting evidence, this case debunks a number of assumptions about the approach taken by both HMRC and the First-tier Tribunal. HMRC do not always instruct their own employees as...more

Palin v. The New York Times Co.: Newspaper Mounts Robust Defense to Defamation Lawsuit

by Kelley Drye & Warren LLP on

The New York Times is defending itself against a defamation lawsuit brought by former Alaska Governor and Republican vice presidential candidate Sarah Palin, as the newspaper asserted in a recent motion to dismiss that the...more

Defence & Indemnity - June 2017 : II. LIABILITY ISSUES A. Wardak v. Froom, 2017 ONSC 1166, per Matheson, J. [4227]

by Field Law on

II. LIABILITY ISSUES - A. The Ontario Superior Court of Justice refused to grant summary dismissal in a social host liquor liability case where the adult defendants supervised their son’s party, involving underage drinking...more

PTAB Life Sciences Report - July 2017 #3

About the PTAB Life Sciences Report: Each month we will report on developments at the PTAB involving life sciences patents. Pfizer, Inc. v. Biogen, Inc. PTAB Petition: IPR2017-01115; filed March 24, 2017....more

Recent Case Highlights Considerations for Working with Media Consultants During a Crisis

by Morgan Lewis on

A Pennsylvania Superior Court decision declining to extend attorney-client privilege to media consultants illustrates best practices for how a company should manage communications with outside consultants during a crisis...more

Defendant Not Sanctioned Despite Use of Evidence Wiping Software: eDiscovery Case Week

by CloudNine on

In HCC Ins. Holdings, Inc. v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga., Jan. 30, 2017), Georgia District Judge William S. Duffey, Jr. denied the plaintiff’s motion for adverse inference sanctions despite evidence that the...more

Third Circuit Rejects Unsecured Oil Producers’ Claims of Automatic Perfection

by King & Spalding on

On July 19, 2017, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued an opinion, upholding a district court’s ruling that downstream purchasers took oil purchased from a bankrupt intermediary, SemGroup L.P....more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

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