Civil Remedies Civil Procedure

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Court of Appeals to Decide Controversial Partnership Dissolution Case

In a controversial ruling last year in Congel v Malfitano, the Appellate Division, Second Department, affirmed and modified in part a post-trial judgment against a former 3.08% partner in a general partnership that owns an...more

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...more

Unlawful Arrest Case Dismissed

Jones, Skelton & Hochuli attorneys Michele Molinario and Amelia Esber successfully moved for a dismissal in an unlawful arrest case against an Arizona County, and various County law enforcement officers. Prior to filing...more

Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act...more

Brownstein Victory Demonstrates Value of Vigorously Challenging Materiality Allegations in Securities Fraud Trials

The materiality of misrepresentations and omissions in securities fraud litigation is a complex but critical issue. For several reasons, defendants sometimes give this element of a securities claim less at tention than it...more

2016 eDiscovery Case Law Year in Review, Part 4

As we noted yesterday, Tuesday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

When it’s Over, it’s Over

In Walker v. Health International Corp., [2015-1676] (January 6, 2017), the Federal Circuit affirmed the district court’s award of sanctions for vexatious actions in continuing to litigate after the parties settled all...more

CFPB settles FDCPA claims against debt collection law firms

The CFPB announced that it has entered into a consent order with two law firms specializing in the collection of medical debts and their president for alleged FDCPA violations.  The consent order also settles allegations that...more

Dedmon: The Destiny of “Reasonable” Medical Expenses in Tennessee

Currently pending before the Tennessee Supreme Court is a case that could change the face of personal-injury litigation in the state. Accepted for review on October 24, 2016, Dedmon v. Steelman asks whether the amount billed...more

New 'Digest of EEO Law' Issued by EEOC

Includes Selected Notable Federal Sector Decisions for Fiscal Year 2016 - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal...more

2016 eDiscovery Case Law Year in Review, Part 3

As we noted yesterday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

“Do-Over” Arbitrations—Appeals Without Appellate Rules?

Are the commonly accepted features of arbitration—speed and finality—being watered down by rules permitting a second arbitration that expose parties to delays and significantly increased expenses? In a recently published...more

Court Finds Arbitration Award That Included Attorneys’ Fees Was Not A Manifest Disregard Of The Law

The court confirmed an arbitration award entered in favor of Astanza Design, LLC against Giemme Stile, S.p.A. and Giemme USA, LLC (Giemme) in which the arbitrator awarded both damages and attorneys’ fees to Astanza in a...more

2016 eDiscovery Case Law Year in Review, Part 2

As we noted yesterday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to admissibility and...more

[Webinar] Strategies for Adapting to the Defend Trade Secrets Act (DTSA) - Impact on Business and Litigation Strategies - Jan....

Please join us for an informative live webinar that will explore the ramifications of the expanded Federal court jurisdiction under the DTSA, some of the latest cases decided under the DTSA; strategies for filing such cases;...more

How’d You Come Up With That? Third Circuit Vacates Class Counsel’s Fee Award

There are several different stakeholders in class actions. There are the named parties, of course, and the members of the putative class, to the extent plaintiff seeks to sweep them into the lawsuit. ...more

Solak v. Sarowitz et al., C.A. No. 12299-CB (Del. Ch. Dec. 27, 2016) (Bouchard, C.)

In this opinion, the Court of Chancery held that Section 109(b) of the Delaware General Corporation Law (the “DGCL”) prohibits a bylaw shifting to a stockholder plaintiff the attorneys’ fees and other expenses incurred by the...more

Health Care Group News: Texas District Court Preliminarily Enjoins Partial Enforcement of Section 1557

In May of last year, the United States Department of Health and Human Services ("HHS") enacted regulations implementing Section 1557 of the Affordable Care Act. These regulations aimed to enhance language assistance and...more

Fifth Circuit Provides Road Map for Review and Trial of Bad Faith Claims in Mississippi

Mississippi essentially has three levels of claim when insurance is at issue: (1) mere breach of contract, allowing recovery of contract damages; (2) breach of contract + no arguable basis for breach, which entitles recovery...more

Lessons Emerging from Pinnacle Hip Bellwether Trials

In a staggering verdict, a Texas jury recently awarded over $1 billion against Johnson & Johnson (“J&J”) and its subsidiary DePuy Orthopaedics Inc. (“DePuy”) (collectively referred to as “Defendants”) to six California...more

Voluntary Dismissal of Contract Claims Leads to Involuntary Payment of Attorneys’ Fees

Recently, in Khan v. Shim, No. H041608 (Cal. Ct. App. Dec. 29, 2016) (“Khan”), the California Court of Appeal held where a plaintiff voluntarily dismisses an action involving contract and tort claims, Civil Code section 1717,...more

Breaking News: Court Grants Permanent Injunction Against Sale of Praluent® in AMGEN V. SANOFI/REGENERON

For the past few years, Amgen has been asserting patents in a litigation against Sanofi and Regeneron Pharmaceuticals in the District of Delaware to prevent them from selling Praluent® (alirocumab), a biologic that competes...more

UVA Administrator Opposes Rolling Stone’s Motion for Judgment as a Matter of Law

On December 27, 2016, University of Virginia Associate Dean of Students Nicole P. Eramo opposed Rolling Stone’s Motion for Judgment as a Matter of Law. On November 7, 2016, following a two-week trial, a jury sitting in U.S....more

The Supreme Court May Review Whether Regulatory Enforcement Actions Seeking Disgorgement are Subject to a Five-Year Statute of...

Federal regulatory agencies, such as the Securities and Exchange Commission (“SEC”), the Commodity Futures Trading Commission (“CFTC”), and the Federal Energy Regulatory Commission (“FERC”), have the authority to impose...more

Thomson Reuters Publishes Fourth Edition Of Business And Commercial Litigation In Federal Courts, Containing Our Chapter On...

We are excited to report that in late December Thomson Reuters released the fourth edition of the multi-volume treatise Business and Commercial Litigation in Federal Courts. As in the first three editions, we contributed the...more

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