News & Analysis as of

Copyright Protection Goes ‘To the Batmobile!’ says the Ninth Circuit

While the Caped Crusader drives around in his Batmobile protecting Gotham from its fringe, copyright law protects the Batmobile from infringers—this, according to the Ninth Circuit in DC Comics v. Towle. The Batmobile is more...more

Mintz Levin Health Care Qui Tam Update: Recent Developments & Unsealed Cases - September 2015

Trends & Analysis - Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more

Sony: Stipulation Announces (but does not disclose) Employee Data Breach Class Settlement

This Is The End? - Settlement appears imminent in an employee class action against Sony Pictures Entertainment (“SPE”) arising from disclosure of their personally identifiable information (“PII”) in a massive data breach...more

Understanding the benefits of a private judge in California

Civil litigants, how would you like to have a process that allows the parties to determine the decision-maker, preserves all civil remedies and appellate rights and ensures effective case management and hearing and trial...more

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

Second Circuit Rules Court Approval or USDOL Supervision of Settlements Required in FLSA Suits

On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more

Drafting Valid Damages Provisions in Settlement Agreements

Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the...more

California Court of Appeals Holds Subcontract Unable to Collect Compensation Under Business & Professions Code 7031 Because...

In Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. [2015 Cal. App. LEXIS 426], a subcontractor’s license with the Contractors State License Board (CSLB) was automatically suspended due to an unsatisfied stipulated...more

Take 5 (Steps) Before Moving for Summary Judgment

Thinking of filing a summary judgment motion in your case? Take the time to follow these five steps in assessing whether this is the right move to make....more

Stipulations Can Make Trial Easier, But The Devil is in The Details

It is often beneficial to limit the issues at trial to those that are truly disputed and to stipulate to facts that are no longer in dispute. In some cases, for example, liability may be sharply disputed, but the amount of...more

Swomley v. Schlecht, C.A. No. 9355-VCL (Del. Ch. Mar. 12, 2015) (Laster, V.C.)

In this letter opinion, the Court of Chancery declined to enter a form of stipulated order that proposed providing notice to purported class members and a hearing on plaintiffs’ motion for attorneys’ fees and expenses prior...more

U.S. District Court of Delaware Reverses and Remands A Bankruptcy Settlement Effected With No Notice

On January 16, 2015, Chief Judge Leonard P. Stark of the United States District Court for the District of Delaware issued an opinion that reversed an order of the Delaware Bankruptcy Court that approved a settlement, and...more

Stipulations of law: Wouldn't it be nice if we could all agree?

Occasionally an attorney will propose that the parties stipulate to the meaning of a relevant statute. Such stipulations have no legal force and will be disregarded by the court. Numerous cases so hold across the United...more

Negotiating Admitted Facts in Pretrial Stipulation

Determining admitted facts can be one of the more difficult aspects of preparing a pretrial stipulation. Parties often propose factual statements that are advantageous to their position, while resisting facts that may favor...more

Assured Guaranty Discontinues Lawsuit Against DB Structured Products

On November 17, 2014, Justice Shirley Werner Kornreich of the Supreme Court for the State of New York, New York County approved the stipulation of voluntary discontinuance between Assured Guaranty Municipal Corp., DB...more

Damron Agreement or Stipulated Judgment Got You in a Bind? Arizona Supreme Court Considers Binding Effect of Fact Stipulations on...

In Quihuis v. State Farm, --- Ariz. ---, 334 P.3d 719 (Ariz. Oct. 1, 2014), the Arizona Supreme Court recently held that a stipulated fact in a Damron Agreement that is both an element of liability and essential to...more

Stipulation Waiving the Final Accounting—Is it a Good Idea?

QUESTION: I have concluded my work as a receiver in a case, and the parties have requested that I enter into a stipulation with them waiving my final account and report discharging me as a receiver so they can avoid the cost...more

Weekly Law Resume: Civil Procedure – Stipulated High/Low Arbitration Binding as Contractual Term

Elsie Horath v. John Hess - Court Of Appeal, Fourth District (April 10, 2014) - Parties sometimes stipulate to high end/low end figures for arbitration, in an attempt to resolve a case that might not otherwise...more

Can a Receiver Be Assigned to a Referree by Stipulation, and Take Instruction from the Referee?

Can a receiver be assigned to a referee by stipulation, and take instruction from the referee? A receiver is an officer of the court, appointed by and directed by the court....more

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