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Civil Procedure Updates

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Notable Ruling: Another Motion to Dismiss for Diet Soda

by Perkins Coie on

Just two and a half months after the Northern District of California ruled that a reasonable consumer would not be misled to believe “Diet Coke” aids in weight loss, a similar suit against Pepsi-Cola for its Diet Pepsi...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd., Appeal Nos. 2016-2616, -2656 (Fed. Cir. May 16, 2018) - In an appeal from a inter partes review, the Federal Circuit reviewed a PTAB obviousness...more

Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case

by White and Williams LLP on

On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018). This replaced an earlier opinion dated April 7,...more

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Three

by CloudNine on

..To answer the question of what to do for the cases larger than $1,000 but less than the major litigation cases, I drew up the “Ernie Challenge,” with advice from Craig Ball and DLA Piper senior counsel Browning Marean...more

Third Circuit Holds Discovery Rule Does not Apply to FDCPA Limitations Period

by Goodwin on

On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In...more

Tenth Circuit Affirms Dismissal Of Exchange Act Claims Based On Undisclosed Merger Discussions

by Shearman & Sterling LLP on

On May 11, 2018, the United States Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a putative class action asserting claims under Sections 10(b) and 20(a) of the Exchange Act against Williams...more

Failure to Provide Adequate Privilege Log, Waives Privilege

by Sands Anderson PC on

A circuit court ordered Montgomery Regional Hospital, Inc. to produce peer review reports and other similar documents due to its untimely and inadequate privilege log. In Creasy, Admr. v. Medical Assocs. of Southwest...more

Texas Supreme Court to Rehear Menchaca Bad Faith Case

by White and Williams LLP on

On December 15th, the Texas Supreme Court agreed to revisit its April 7, 2017 decision in USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, a “bad faith” case arising out of Hurricane Ike damage, in which the court held that a...more

Missouri Federal Court Remands Action To State Court Because Missouri Law “Reverse Preempts” The New York Convention Based On The...

by Carlton Fields on

Foresight Energy, LLC (“Foresight”) brought an action in Missouri state court against various domestic and Bermuda and London market insurers for declaratory judgment, breach of contract and statutory vexatious refusal to pay...more

Three Stripes? No—Ninth Circuit Rules on Evidence to Establish Irreparable Harm

by Jones Day on

In a much-anticipated ruling, the United States Court of Appeals for the Ninth Circuit modified a preliminary injunction entered against Skechers on May 10, 2018, in adidas America, Inc. v. Skechers USA, Inc. The ruling...more

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

by Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

What Is Collection?

by Zapproved LLC on

Questions About the Collection Phase of Ediscovery? We’ve Got Answers - Collection is part of the second stage of the ediscovery pipeline, in which data that may be pertinent or relevant to a civil litigation matter is...more

The Supreme Court - May 21, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more

Chris Lazarini Comments on Appointment of Lead Plaintiffs in Class Actions under PSLRA

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case involving guidance on the Private Securities Litigation Reform Act's (PSLRA) procedures for selection of lead plaintiffs in a securities class action. As outlined...more

Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. (Fed. Cir. 2018)

Last week, the Federal Circuit found all patent claims invalid for obviousness in an inter partes review, in Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd. But the Court did not render its decision...more

The Federal Circuit Limits Where Corporations "Reside"

On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation...more

SAP America, Inc. v. Investpic LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of Texas. Summary: Claims may be determined patent ineligible on the pleadings...more

Defence + Indemnity: April 2018 - II. Liability Issues B.

by Field Law on

II. LIABILITY ISSUES - B. In rear-end collisions the trailing driver is not always liable; the Court is to consider the factual circumstances in each case: the speed of the trailing vehicle, the distance between the...more

Breaking News: Supreme Court Upholds Employment Class Action Waivers

On May 21, 2018, in a significant decision for employers nationwide, a divided United States Supreme Court held in a trio of cases that employers may require employees—as a condition of employment—to enter into arbitration...more

Current Claims Filing Trends in Securities Class Action Settlements

by Epiq on

Overall, 2017 was a busy year for securities class action lawsuits. It started at a blistering pace, and finished with the most suits filed since 2001, at a staggering 66% increase over 2016. The resolutions for securities...more

Reconsideration of Interlocutory Orders - The breadth and limitation of Federal Rule of Civil Procedure 54(b)

by Nexsen Pruet, PLLC on

A district court may revise “any order or other decision…that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties…at any time before the entry of a judgment adjudicating all the...more

Gambling on Sports May Be a Bad Bet for Marijuana

by Lane Powell PC on

Much has recently been discussed about the potential value to the cannabis industry of the May 14, 2018 decision by the U.S. Supreme Court concerning states authorizing sports betting. Murphy v. NCAA, No. 16-476 (U.S., May...more

Access Denied: In Facebook, Federal Court Rejects Taxpayer Right to Appeals

by Morgan Lewis on

The US District Court for the Northern District of California on May 14 rejected Facebook’s argument that taxpayers have a right to be referred to the IRS Office of Appeals after a case has been brought in US Tax Court. The...more

Ohio Bankruptcy Court Strikes Down Mortgage, Imposes Six-Year Statute of Limitations

Much has been said recently in Ohio law concerning the enforcement of notes and foreclosures on mortgages. In summary, the plaintiff must be the holder of the note and mortgage with the right of enforcement of both...more

Cannabis Consumer Class Actions Are Being Filed

by Wilson Elser on

On May 10, 2018, a vape cartridge customer filed a consumer class action in Los Angeles Superior Court against cannabis brand Brass Knuckles and Alvin Nathaniel Joiner, better known as the rapper Xzibit. Also named is SC...more

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