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Erie Doctrine

McDermott Will & Emery

Family Feud: Counterclaims Too Little, Too Late

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The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense....more

Fenwick & West LLP

Ninth Circuit to Rehear Appealability of Denied Anti-SLAPP Motions

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The Ninth Circuit has granted a rehearing en banc in Martinez v. ZoomInfo Tech., Inc. concerning the appealability of denial of anti-SLAPP motions under the collateral order doctrine. Historically, the Ninth Circuit has...more

Law School Toolbox

Law School Toolbox Podcast Episode 292: Listen and Learn -- The Erie Doctrine (Civ Pro)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, we're discussing an issue related to civil procedure -- the Erie Doctrine. We look at a step-by-step approach for answering questions in this area of the law when they...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 126: Listen and Learn -- The Erie Doctrine

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Welcome back to the Bar Exam Toolbox podcast! Today, we're discussing an issue related to civil procedure -- the Erie Doctrine. We look at a step-by-step approach for answering questions in this area of the law when they show...more

White & Case LLP

California's New Reverse Payment Law Departs from Supreme Court Standard in FTC v. Actavis

White & Case LLP on

On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more

Foley & Lardner LLP

Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity

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Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more

Foley & Lardner LLP

The Ninth Circuit’s Decision In In Re Hyundai Underscores The Challenges Of Certifying Nationwide Classes

Foley & Lardner LLP on

Last week, a split Ninth Circuit panel in In re Hyundai and Kia Fuel Economy Litigation[1] vacated the certification of a nationwide class for settlement purposes because the district court failed to address choice-of-law...more

Clark Hill PLC

Healthcare Liability Affidavits Not Required in Federal Court

Clark Hill PLC on

The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more

Foley & Lardner LLP

The Seventh Circuit Applies the Erie Doctrine to Minor Settlements

Foley & Lardner LLP on

For the purposes of the Erie doctrine, which directs federal courts sitting in diversity to apply state substantive law and federal procedural rules, “damages law is substantive law,” and that includes the law that governs...more

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