The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As we enter into 2023, our team is focused on our own list of resolutions. Like traditional goals for the new year, our priorities revolve around well-being, productivity, and...more
What You Need to Know in a Minute or Less - In 2022, we published more than 30 editions of our Litigation Minute newsletter, with eight series featuring topics ranging from mass arbitration to cryptocurrency litigation....more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the earliest modern environmental, social, and governance (ESG) cases decided by the Supreme Court, Massachusetts v. EPA (2007), turned on Article III standing....more
On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Class-action plaintiffs’ lawyers increasingly are using changing environmental regulations, new reporting requirements, and companies’ voluntary disclosures as the alleged basis for...more
In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more
5/26/2022
/ Arbitration ,
Arbitration Agreements ,
Foreign Arbitration Clauses ,
Foreign Entities ,
Insurance Industry ,
Insurance Litigation ,
International Arbitration ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
New York Convention ,
Preemption ,
Split of Authority ,
Supremacy Clause
In this episode, partners Jackie Celender and Lindsay Sampson Bishop, along with associate John Gavin, discuss the oral argument recently heard by the U.S. Supreme Court in Morgan v. Sundance dealing with the question of...more
In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more
On 31 March 2022, the United States Supreme Court in Badgerow v. Walters limited federal subject matter jurisdiction over post-arbitration award petitions under the Federal Arbitration Act (FAA) §§ 9 and 10. After years of...more
The U.S. Supreme Court heard oral argument yesterday in two consolidated cases—ZF Auto. US v. Luxshare, Ltd. and AlixPartners v. The Fund for Prot. of Inv. Rights in Foreign States—on whether 28 U.S.C. § 1782 (Section 1782)...more
As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS -
The New York Convention typically requires U.S. courts to enforce written arbitration agreements covering international disputes, including arbitration clauses in contracts with...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Potential future disputes are a reality in all cross-border manufacturing agreements––whether for the sale or purchase of goods or services, or corporate transactions––even for the...more
During the week of 21 June 2021, the United States Supreme Court issued two decisions that ultimately remove any doubt that class representatives must present class-wide evidence of harm at the class-certification stage,...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The early stages of a legal dispute are often marked by the exchange of demand letters. While they typically receive less attention than formal legal filings, demand letters warrant...more
Drones, also known as unmanned aircraft systems (“UAS”), are increasingly being used in the commercial sector. By 2021, the Federal Aviation Administration (“FAA”) projects that the number of units in the commercial small UAS...more
In recent years, we have commented on the various retroactive reinsurance transactions that Berkshire Hathaway and its subsidiary, National Indemnity Company (“NICO”), have entered into with ceding insurers regarding coverage...more
When parties enter into a domestic commercial contract, their focus is typically on memorializing their agreement and getting the deal done. As a result, they may not think critically enough about what will happen if the...more