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Discovery Personal Jurisdiction

Skadden, Arps, Slate, Meagher & Flom LLP

Premium on Preservation: Recent Delaware Rulings Underscore the Importance of Preserving Documents

Document discovery plays an essential role in litigation. Litigants and courts rely on documentary exhibits, along with witness testimony about such exhibits, to create a trial record. As a result, courts expect that parties...more

Foley Hoag LLP

Product Liability Update - April 2023

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MASSACHUSETTS - First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more

Harris Beach PLLC

National Mass Torts: 2022 Year in Review

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Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more

McDermott Will & Emery

Claim Construction and Jurisdictional Discovery Are More Than Skin Deep

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Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more

Goldberg Segalla

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for...

Goldberg Segalla on

State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - Q2 2022

Robinson & Cole LLP on

Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and...more

WilmerHale

Federal Circuit Patent Watch - April 2022 #2

WilmerHale on

Precedential Federal Circuit Opinions - NIAZI LICENSING CORPORATION v. ST. JUDE MEDICAL S.C., INC. [OPINION]  (2021-1864, 4/11/22) (Taranto, Bryson, Stoll) - Stoll, J. Affirming sanctions that excluded portions of...more

Robinson+Cole Data Privacy + Security Insider

Claims Against Netgain Tech Dismissed Due to Lack of Personal Jurisdiction

Last week, Judge Linda Lopez of the U.S. District Court for the Southern District of California dismissed the class action lawsuit against Netgain Technology due to the lack of personal jurisdiction over the business. The...more

Faegre Drinker Biddle & Reath LLP

LG Chem Secures a Second Look at Jurisdictional Issues in NJ Vape Battery Suit

The New Jersey Appellate Division has held that Korean company LG Chem Ltd. (“LG Chem”)will have another opportunity to dispute New Jersey’s jurisdiction over it in a product liability lawsuit concerning a vaping device...more

Freeman Law

Cryptocurrency, Third-Party Subpoenas, and Personal Jurisdiction Collide—Strobel v. Lesnick

Freeman Law on

Coinbase, Mt. Gox, and Gemini are well-known virtual currency exchanges. It is through these exchanges that cryptocurrency users may execute transactions (e.g., a Bitcoin transfer—whereby a transaction announcement occurs on...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Gray Reed

Texas Court Opines on Climate Lawsuits

Gray Reed on

In combined cases featuring California cities of San Francisco, Oakland and San Mateo and several California counties and public officials against Exxon Mobil Corporation, Texas’ Fort Worth Court of Appeal denied Exxon...more

Morris James LLP

Court of Chancery Permits Targeted Jurisdictional Discovery to Seek Proof to Support Non-Frivolous Claim of Personal Jurisdiction

Morris James LLP on

HM Life Ins. Co. v. Wilmington Sav. Fund Soc’y, FSB, C.A. No. 2018-0649-SG (Del. Ch. Apr. 9, 2020). If a plaintiff has pled facts in its complaint to support a non-frivolous claim of personal jurisdiction over a defendant,...more

McDermott Will & Emery

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

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There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

Proskauer - Minding Your Business

“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782

This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence...more

Epiq

You Can’t Always Get What You Want

Epiq on

Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more

Mintz - Arbitration, Mediation, ADR...

Federal Courts Should Rethink the Personal Jurisdiction Requirement of 28 U.S.C. § 1782

The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more

Holland & Knight LLP

Discovery in International Arbitration: The Ever-Expanding Scope

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Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more

Jones Day

Second Circuit: Discovery Statute Reaches Documents Held Overseas by U.S. Entities - Multinational corporations with U.S....

Jones Day on

The U.S. Court of Appeals for the Second Circuit recently ruled that a New York-based affiliate of a global financial institution could be forced to produce documents for use in foreign proceedings even if those documents...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - April 2019

In this issue, we examine the release of the much-anticipated Strategic Hub for Innovation and Financial Technology (FinHub) guidance for analyzing how U.S. federal securities laws apply to initial coin offerings, the...more

White and Williams LLP

Kaepernick Case Raises Arbitrator Subpoena Power Questions

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It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL are considering asking the arbitrator to issue a subpoena to compel President Trump to...more

Husch Blackwell LLP

New Tool For Non-Resident Defendants Seeking To Challenge Personal Jurisdiction In Illinois

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If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly serve as a useful blueprint for future challenges to the...more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Winstead PC

Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues

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Litigation can unfortunately be a costly endeavor. This is as true with fiduciary litigation as with any other type of litigation. ...more

Mintz - Arbitration, Mediation, ADR...

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

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