Though the NHL Stanley Cup Playoffs are in full swing, a lot of off-ice activity is happening as a result of the sale of the Arizona Coyotes to Utah Jazz owners Ryan and Ashley Smith’s Smith Entertainment Group. Most hockey...more
5/7/2024
/ Goods or Services ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Logos ,
NHL ,
Notice of Allowance ,
Popular ,
Sports ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
We noted earlier the Supreme Court’s review of the Third Circuit’s decision in Rotkiske v. Klemm regarding the statute of limitations for claims under the Fair Debt Collection Practices Act (FDCPA).
Again, this was a case...more
1/17/2020
/ Cause of Action Accrual ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery Rule ,
Equitable Tolling ,
FDCPA ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Statute of Limitations
We are keeping an eye on Rotkiske v. Klemm, which is currently pending at the U.S. Supreme Court. This case will likely resolve a circuit split on whether the “discovery rule” applies to toll the one-year statute of...more
6/20/2019
/ Appeals ,
Cause of Action Accrual ,
Certiorari ,
Consumer Protection Laws ,
Debt Collection ,
Default ,
Discovery Rule ,
FDCPA ,
Rotkiske v. Klemm ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
On March 20, 2019, the U.S. Supreme Court resolved a circuit split over whether businesses engaged only in nonjudicial foreclosures—a business principally involved in the enforcement of security interests—is a “debt...more
It’s hard to believe a decade has passed since we delivered our first edition of Pro Te: Solutio to your door. Those years have brought enormous changes in the world and in our industry. Innovation has driven everything we...more
7/17/2018
/ 21st Century Cures Act ,
Affordable Care Act ,
Client Services ,
Depositions ,
DQSA ,
Emergency Response ,
Enforcement Actions ,
FDASIA ,
Food and Drug Administration (FDA) ,
Food and Drug Administration Amendments Act (FDAAA) ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Innovation ,
Juror ,
Jury Trial ,
Law Firm Associates ,
Law Firm Ownership ,
Law Firm Partners ,
Law Practice Management ,
Manufacturers ,
Medical Device User Fee Program (MDUFA IV) ,
Medical Devices ,
Multidistrict Litigation ,
Patient Rights ,
Patient Safety ,
Patients ,
Pharmaceutical Industry ,
Preemption ,
Questionnaires ,
Reporting Requirements ,
State Law Tort Claims ,
Voir Dire ,
Witness Preparation
The great Bobby Jones, himself a lawyer, once said that “Competitive golf is played mainly on a five-and-a-half-inch course … the space between your ears.” I don’t know if Mr. Jones ever practiced patent law, but the...more
Renowned (e)discovery guru (and I use that term advisedly) Andrew Peck, a U.S. Magistrate Judge for the Southern District of New York, recently issued what he termed a “wake-up call” to the Bar in his District. It was...more
In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in...more
We previously wrote about the Fifth Circuit’s panel decision and the defendants’ petition for rehearing en banc in this case.
As we reported earlier, the issue is whether a non-diverse defendant is improperly joined by...more
Dear Client -
Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery...more
We wrote a while back that the Fifth Circuit held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the non-diverse healthcare provider defendants to...more
I. Introduction -
Since the United States Supreme Court’s decision in Pliva, Inc. v. Mensing, the plaintiffs’ bar has been feverishly searching for an alternate theory of recovery when the claimant took a generic...more
A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more
10/9/2015
/ Administrative Review Board ,
Appeals ,
Dismissals ,
Diversity Jurisdiction ,
Exhaustion Doctrine ,
Federal Rule 12(b)(6) ,
Improper Joinder ,
Joinder ,
Medical Devices ,
Medical Malpractice ,
Motion to Dismiss ,
Removal ,
State Law Claims ,
State Medical Board
Sir Isaac Newton’s Third Law of Motion states, loosely, that for every action there is an equal and opposite reaction. A force exerted by one body upon another causes an equal reaction by the second body. Want an...more
Recently, the New York Appellate Division broadened that state’s common-interest privilege doctrine. In Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 124 A.D.3d 129 (N.Y. App. Div. 1st Dep’t 2014), the court removed...more
Rory McIlroy is the number one ranked golfer in the world. He won back-to-back major tournaments last year and is looking for the “career grand slam” with a win this April at the Masters Tournament, the only major win he...more
What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more
There is a recent magazine ad by Xerox Corporation showing consumer goods by picture only, and the products were instantly identifiable by their popular names: a thermos, an escalator, a trampoline, and a yo-yo. Xerox...more