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Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
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Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
What issues do people raise in a federal criminal appeal?
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How do federal conspiracy charges work?
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The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the...more
The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more
A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23, not merely allege that...more
In consumer class actions, the damages measure tends to remain undisclosed or ill-defined when plaintiffs move for class certification. Revealing as little as possible about damages allows plaintiffs to more flexibly adapt to...more
On 3 March 2014, the Milan Court of Appeal overturned a previous decision issued by the Milan Tribunal, declaring a class action brought by an Italian consumers association, Altroconsumo, against local railway operator...more
Answering a question left undecided in other circuits, the Eleventh Circuit held in South Florida Wellness, Inc. v. Allstate Insurance Co., No. 14-10001 (Feb. 14, 2014) that a complaint seeking only declaratory relief “can be...more
In the battle over class certification, expert testimony proffered by both plaintiffs and defendants is playing an increasingly important role. The Supreme Court has not yet decided whether the test for admissibility of...more
On October 31, 2013, the Supreme Court of Canada (the “Court”) released its decisions in Pro Sys Consultants Ltd. v. Microsoft Corporation (“Pro-Sys”), Sun Rype Products Ltd. v. Archer Daniels Midland Company (“Sun-Rype”),...more
In Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. Aug. 2, 2013), the Third Circuit vacated the trial court’s certification order and remanded in light of its earlier decision, Marcus v. BMW of North America, LLC, 687...more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI -
Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more
During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more
A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more
While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more
In This Presentation:
• Challenges of U.S. Courts
• Specialized and Aggressive Plaintiff’s Bar and Contingency Fees
• Jury Trials
• Pretrial Discovery
• Personal Jurisdiction
• U.S.-Based Subsidiaries
In This Presentation:
- Offer of Judgment Statutes
- 768.79 Offers
- Rule 1.442
- What does an OJ include?
- Shifting Defendant’s Fees
- 768.79 Language
- Shifting Plaintiff’s Fees
- Subsequent Offers
On November 28, 2012, the Ontario Court of Appeal released its decision in Treat America Limited v. Leonidas 2012 ONCA 748 which broadly affirmed the ability of U.S. class action plaintiffs to obtain the assistance of the...more
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