Complex Litigation

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My Class Action Checklist

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

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

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

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

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

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

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

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

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

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

Commercial Division of the New York State Supreme Court Implements Rules to Streamline Litigation, Improve Efficiency, Enhance...

Background - In 1995, due to a growing caseload of complex commercial litigation matters being filed in New York State Supreme Court (New York’s trial-level court of “supreme” jurisdiction), the Office of Court...more

The Top Five Mistakes in Complex Litigation Work Flow - A Primer (Reminder) for Lead (and other) Paralegals

Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step...more

À-la-carte litigation – new options on the menu. Short and Flexible Trials pilot schemes, and the dedicated Financial List

The English High Court recently announced a set of initiatives for the improved management of certain cases in the courts dealing primarily with business disputes: the Chancery Division (incorporating the Companies Court and...more

Sixth Circuit Holds That Cases Directly Filed in MDLs Are Governed By Law of Where Case Would Have Been Filed

On May 22, 2015, the United States Court of Appeals for the Sixth Circuit Court of Appeals addressed an important choice-of-law issue for parties involved in multidistrict litigation. When multidistrict litigation is...more

Inter-Solicitor Email Exchange Held To Amount To A Binding Settlement Of Complex Litigation

"Noted with thanks" was sufficient for the High Court to find, in the case of Raymond Bieber & ors v Teathers Ltd (in liquidation) [2014] EWHC 4205 (Ch), 11 December 2014, that the defendant's solicitor had indicated that a...more

An Introductory Guide to Rev 973 v. Mouren-Laurens Et Al

Loeb & Loeb LLP represents a group of approximately 45 potentially responsible parties (PRPs) in the Rev 973 litigation, though the number is constantly changing as additional parties join the group. The following is an...more

US Supreme Court Clarifies Appellate Rights in Multi-District Litigation Proceedings

In Gelboim v. Bank of America, the Supreme Court of the United States clarified the appellate rights of litigants in Multi-District Litigation. The Court's ruling in January expands the availability of appeal as an option to...more

Pennsylvania Supreme Court Denies Appeal In Coverage Dispute; Superior Court Decision Recognizing a Duty to Defend Where Tort...

In a per curiam decision without a published opinion, the Pennsylvania Supreme Court denied National Union Fire Insurance Company of Pittsburgh’s (“National”) appeal from a Superior Court decision holding that National had a...more

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