News & Analysis as of

Pre-Suit Notice

Key Updates Regarding the Massachusetts Consumer Protection Act – Chapter 93A

by Holland & Knight LLP on

Litigation involving claims of unfair or deceptive business practices under Chapter 93A of the Massachusetts General Laws is constantly evolving, and these claims remain a favorite for the plaintiffs' bar, particularly given...more

First Circuit Provides Guidance as to When a Notice of Claim Triggers Policy Obligations

by Cozen O'Connor on

When does receipt of a pre-suit claim notice letter trigger an insurance carrier’s obligation to provide a defense and/or indemnity? In Sanders v. Phoenix Insurance Co., the First Circuit provided some guidance to this...more

August 2016: Securities & Structured Finance Litigation Update: Relation Back in RMBS Putback Cases.

Relation Back in RMBS Putback Cases. In a recent RMBS putback case in the Southern District of New York, Quinn Emanuel won a ruling that the plaintiff trustee’s expert reports, served nearly three years after the litigation...more

Government Contractors Not Protected by New Jersey Tort Claims Act’s Pre-Suit Notice Provisions

by Cole Schotz on

On April 14, 2016, the New Jersey Appellate Division, in a precedential decision, determined that injured parties are not obligated to serve pre-suit tort claims notices under the New Jersey Tort Claims Act (“TCA”) on private...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19165 - Dept. of Transportation v. White Oak Corp. - SC19165 Dissent - Dept. of Transportation v. White Oak Corp. Despite a very convoluted history, the essence of...more

Don't Let Pre-Notice Defense Costs Get Away

by Gilbert LLP on

When a policyholder first learns that they are facing litigation (or any third-party claim), they are immediately confronted with many pressing concerns. The primary concern is mounting a robust defense against the new...more

The PATENT Act in Its Infancy

by Wilson Elser on

The Senate Judiciary Committee members introduced the bipartisan Protecting American Talent and Entrepreneurship Act of 2015 (the PATENT Act) on April 29, 2015, aimed at curbing abusive patent practices and litigation. The...more

Ninth Circuit Lifts the Veil: Explains How to Comply With Endangered Species Act 60-Day Notice Requirement

by Nossaman LLP on

The federal Endangered Species Act (ESA) imposes certain procedural hurdles on any would-be plaintiff commencing a citizen suit to compel compliance with the ESA. One of the more substantive requirements is the 60-day notice...more

Fifth Circuit Allows Title VII Suit Against Franchisor to Proceed Even Though It Was Not Named in EEOC Charge

In order to sue under Title VII, plaintiffs must first file an administrative charge of discrimination against their employer with the Equal Employment Opportunity Commission. In many cases, the charge misnames the actual...more

Nevada Court Holds NRS Chapter 40 Does Not Require a Subcontractor to Provide Pre-Litigation Notice to a Supplier

Under Nevada Revised Statutes Annotated (NRS) Chapter 40, a general contractor is required to provide pre-litigation notice (followed by an opportunity to repair) to a subcontractor or supplier the general contractor believes...more

Delaware Supreme Court Issues Decision Upholding Collateral Estoppel in Shareholder Derivative Actions

by Proskauer Rose LLP on

The Delaware Supreme Court issued a decision on April 4, 2013, in Pyott v. Louisiana Municipal Police Employees' Retirement System concerning duplicative shareholder derivative actions and the "race to the courthouse" that...more

First Circuit Sets Low Bar For Clean Water Act Pre-Suit Notice, Making It Easier For Citizen Enforcement Actions To Move Forward

by Pierce Atwood LLP on

On March 13th, 2013, the United States Court of Appeals for the First Circuit held that pre-suit notice for a citizen enforcement action under the Clean Water Act (“CWA”) does not need to spell out every violation in detail. ...more

Judge Dismisses "Fun Center" Defamation Lawsuit

by Holland & Knight LLP on

A Tallahassee, Fla., trial court has thrown out a defamation suit against a television station, filed by an amusement center concerning reports about a police investigation....more

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