News & Analysis as of

Stays Discovery

Patterson Belknap Webb & Tyler LLP

Time May Not Be on Your Side: Judge Ho Allows the Addition of New Parties Discovered During Stay

Defendants in patent cases should be wary of the possibility that a plaintiff will attempt to add new defendants after a stay for inter partes review is lifted. In a pending case involving patents directed to “space...more

Hogan Lovells

Goldstein v. Denner: Delaware Court of Chancery imposes sanctions for spoliation of evidence

Hogan Lovells on

In Goldstein v. Denner, the Delaware Court of Chancery imposed sanctions pursuant to Court of Chancery Rule 37(e) in light of the defendants’ failure to preserve text messages. The court found that the defendants acted at...more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s Non-Party Status to IPRs Dooms Stay Request, Despite Agreement to Be Bound by IPR Estoppel

The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on...more

Latham & Watkins LLP

California State Court Applies Discovery Stay in Securities Act Claim

Latham & Watkins LLP on

A recent decision, if widely adopted, could spare companies from unnecessary discovery costs in claims that may not survive a threshold pleadings challenge. Key Points: ..State courts across the country have reached...more

Fox Rothschild LLP

Chancery Court Confirms Low Burden For Stay Of Discovery While a Motion to Dismiss is Pending

Fox Rothschild LLP on

In Continental Automotive Systems, Inc. v. Nokia Corporation, the Court of Chancery confirmed that, “absent special circumstances, discovery will be stayed pending determination of a motion to dismiss the complaint where the...more

Morris James LLP

In Unusual Circumstances, Chancery Declines to Stay Discovery Pending Motion to Dismiss

Morris James LLP on

Edward Deane, et al. v. Robert Maginn, Jr., C.A. No. 2017-0346-LWW (Del. Ch. Sept. 8, 2021) - Delaware courts often grant a motion to stay discovery pending the resolution of a potentially case-dispositive motion to...more

Proskauer - Corporate Defense and Disputes

Supreme Court to Decide Whether Discovery Stays Apply to State-Court Securities Lawsuits This Fall

One of the most significant differences between bringing a securities lawsuit in state versus federal court is the application of the mandatory discovery stay set forth in the Private Securities Litigation Reform Act (the...more

Latham & Watkins LLP

Supreme Court to Decide Whether PSLRA Discovery Stay Applies in State Court

Latham & Watkins LLP on

A Supreme Court decision could resolve significant inconsistency among trial courts as to the applicability of the PSLRA discovery stay. Key Points: ..While federal district courts have consistently applied the...more

Porter Hedges LLP

To Stay Or Not To Stay: The Impact Of IPRs On Patent Litigation

Porter Hedges LLP on

Over the course of the past year, trial attorneys in state and federal courts have seen cases effectively stayed by COVID-related delays. COVID hampered in-person discovery and caused courts to re-set jury trial dates. Such...more

Goodwin

Immunex and Samsung Bioepis Seek to Stay Etanercept Biosimilar Litigation

Goodwin on

This week, in the Immunex v. Samsung Bioepis BPCIA litigation regarding ETICOVO (etanercept-ykro), Samsung Bioepis’s biosimilar of ENBREL, the New Jersey district court entered a Consent Injunction Order that prohibits...more

Jones Day

New York Commercial Division Imposes PSLRA Discovery Stay in Securities Act Class Action

Jones Day on

A recent decision by the New York Commercial Division held that the Private Securities Litigation Reform Act's automatic stay of discovery pending a motion to dismiss applies to Securities Act claims pursued in state court,...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Justices Provide Dueling Approaches to Discovery Stays in State Court Securities Litigation

In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019), Justice Andrew Borrok of the New York County Commercial Division stayed discovery...more

WilmerHale

New York Commercial Division Justice Holds PSLRA Discovery Stay Applies To State Court Securities Act Class Actions

WilmerHale on

On August 6, 2019, New York Commercial Division Justice Andrew Borrok held that the discovery stay under the Private Securities Litigation Reform Act (PSLRA) applies to Securities Act claims filed in state court, and entered...more

A&O Shearman

New York State Court Holds PSLRA Bars Discovery In State Securities Act Cases Pending A Motion To Dismiss

A&O Shearman on

On August 7, 2019, New York State Supreme Court Justice Andrew Borrok issued a stay of discovery, pending resolution of a motion to dismiss, in a putative class action asserting claims under the Securities Act of 1933. In re...more

Jones Day

ITC Denies Motion to Stay After Weighing Semiconductor Chips Factors

Jones Day on

In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more

Carlton Fields

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

Carlton Fields on

Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

Polsinelli

Senate to Debate Fairness in Class Action Litigation Act

Polsinelli on

A piece of federal legislation reflects a significant effort by Congress to curb perceived abuses of the federal class action procedure. The legislation is the Fairness in Class Action Litigation Act of 2017 – on March 9...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

Ward and Smith, P.A. on

As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Sheppard Mullin Richter & Hampton LLP

Proposed Legislation May Significantly Limit Class Action Litigation in Federal Court

Twelve years after he introduced the Class Action Fairness Act of 2005, Representative Bob Goodlatte (R-VA) has introduced the Fairness in Class Action Litigation Act of 2017 (“the Act”), which would significantly change the...more

Orrick, Herrington & Sutcliffe LLP

Big Changes Could Be Coming in Class Action Litigation

On February 10, 2017, U.S. Rep. and House Judiciary Committee Chairman, Bob Goodlatte (R-Va), introduced a new version of his Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the "Act"). The Act, while bearing the...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 29 & June 3, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Bankruptcy Stay: because borrower’s notice of appeal was filed during pendency of bankruptcy stay it was a nullity, and appellate court lacked jurisdiction to consider appeal –Hewett v....more

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