News & Analysis as of

Complex Litigation

Commercial Division Advisory Council Releases New Video on The New York Commercial Division

A short new video, entitled A Forum for Business Disputes: The Commercial Division of the Supreme Court of the State of New York, has recently been released. The film was produced by the Court System’s Commercial Division...more

Vitiation has not be Vitiated

In Power Integrations, Inc., v. Fairchild Semiconductor International, Inc, [2015-1329, 2015-1388] (December 12, 2016), a complicated action where each party claimed the other directly and indirectly infringed its patents,...more

[Webinar] Class Actions and Complex Litigation Webinar Series - Cutting Edge Strategies For E-Discovery In Class Actions, Jan....

by Jackson Lewis P.C. on

The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more

Superior Court of Delaware Finds that Settlement Amounts not Uninsurable Disgorgement

by Morris James LLP on

The Superior Court’s Complex Commercial Litigation Division held in TIAA-CREF Individual & Institutional Services, LLC v. Illinois National Insurance Company, C.A. No. N14C-05-178 (JRJ) (CCLD) that amounts TIAA-CREF paid in...more

New Maryland Rule Affords Broader Access to Business and Technology Court

by Kelley Drye & Warren LLP on

A recent rule change has opened the door wider for litigants seeking to resolve their disputes in Maryland’s specialized Business and Technology Courts. It expands the number of scenarios in which cases can be moved to...more

Likelihood of success a prerequisite to insurer's duty to appeal, Mass. court rules

by Dentons on

On August 27, 2016, Judge Mitchell Kaplan of the Massachusetts Superior Court for Suffolk County - Business Litigation Session, which handles only complex business litigation matters, issued a decision holding that an...more

Superior Court of Delaware Finds that Late Notice Does Not Defeat Coverage Under D&O Policy

by Morris James LLP on

The Superior Court’s Complex Commercial Litigation Division held in Medical Depot, Inc. v. RSUI Indemnity Company that late notice did not preclude coverage in a D&O policy absent prejudice to the insurer. By way of brief...more

Superior Court of Delaware Grants Motion for Summary Judgment Regarding Duty to Defend Under Wisconsin Law

by Morris James LLP on

The Complex Commercial Litigation Division of the Superior Court of Delaware recently held that Travelers Indemnity Company (“Travelers”) breached its duty to defend and indemnify plaintiff CNH Industrial America LLC (“CNH”)...more

My Class Action Checklist

by JAMS on

For a number of years now, I have enjoyed successfully resolving complex class action matters. The cases are challenging, the counsel astute and the results rewarding....more

Judges Disclose How They Prep Complex Cases For Settlement

by JAMS on

From employment-related class action suits and racial discrimination cases to movie studio executives in dispute with producers over a ?lm in the entertainment industry, mediation is becoming the preferred way to avoid costly...more

SIAC unveils new, innovative rules

by White & Case LLP on

A revised version of the SIAC Rules of Arbitration has just been released, coming into effect on 1 August. The new rules will keep SIAC at 'the cutting edge of international arbitration practice' according to Gary Born, the...more

NC Court Of Appeals, Not Sure That It Had Jurisdiction, Dismisses Appeal From Business Court Decision

by Brooks Pierce on

How does your appeal get dismissed when you've appealed to the "right", "appropriate", or "correct" court? In other words, your appeal was to the Court with jurisdiction over your appeal. It happened in the NC Court of...more

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

New Word Limits For Federal Appellate Briefs: How Low Is Too Low?

Several amendments to the Federal Rules of Appellate Procedure are scheduled to take effect on December 1, and one of those amendments is causing consternation among appellate practitioners: a 1000-word reduction in the word...more

Indiana’s New Commercial Courts Are Open for Business

by Kelley Drye & Warren LLP on

Joining nearly two dozen sister states across the country that already have established specialized business courts, Indiana’s Commercial Courts last week began accepting cases that will be subject to new rules designed to...more

Behind the Curtain: Technical Advisors in Complex Litigation

by K&L Gates LLP on

Complex litigation today often requires a working knowledge of intricate aspects of social and natural sciences. While a litigant can educate herself on the relevant science by retaining a consulting expert, the federal...more

Proposed Rule Would Promote the Use of Direct Testimony Affidavits in the New York Commercial Division

by Kelley Drye & Warren LLP on

Justices in the Commercial Division of New York State Supreme Court would be expressly authorized to require parties to submit the direct testimony of their own witnesses in affidavit form in non-jury trials and evidentiary...more

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

by Cozen O'Connor on

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

Memorializing Discovery Rulings and Different Judges for Settlement Conferences: Two Proposed Changes to New York’s Commercial...

The New York Supreme Court’s Commercial Division has developed a reputation as a forward-thinking forum at the state level for the resolution of complex business disputes. When possible, the Commercial Division promulgates...more

You Can Designate A Case To The NC Business Court Based On A Counterclaim, But It Can Be Tricky

by Brooks Pierce on

The Business Court issued a significant Order last week, in Composite Fabrics of America, LLC v. Edge Structural Composites, Inc., 2016 NCBC 11 that Judge Gale said was an "opportunity to clarify. . .how the Court interprets...more

Strictly business: Could a Commerce Court make Pennsylvania a corporate magnet?

Nearly two-thirds of Fortune 500 businesses are incorporated in Delaware. More than 1 million businesses and half of all publicly traded U.S. companies are registered in Delaware....more

eDekka Gets Decked by Finding of Exceptional Case in the Eastern District of Texas

Plaintiff eDekka LLC ("eDekka") sued a large number of defendants in Eastern District of Texas alleging infringement of U.S. Patent No. 6,266,674 ("the '674 Patent") titled "Random Access Information Retrieval Utilizing User...more

Professor Coffee and Judge Rakoff Comment on Securities Class Actions

Since its inception, the concept of class action litigation – in a securities context or otherwise – has been met with arguments for and against it. To be sure, a class action suit is often the only way to properly...more

Inside The New Complex Business Litigation Program For The New Jersey Superior Court

After years and years of discussion and debate, the New Jersey Supreme Court, by Order of Chief Justice Rabner, has implemented a state-wide Complex Business Litigation Program (the “Program”) designed to address the...more

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

by Blank Rome LLP on

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

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