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Civil Procedure Updates

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

Delaware Courts, in Determining How to Value Companies for Appraisal Purposes, Start with Deal Process

by Morrison & Foerster LLP on

Predicting the price likely to result from a judicial appraisal of an acquired company’s shares continues to vex acquirors and stockholders alike. The principles for determining appraisal values received a lot of attention...more

Seyfarth Shaw LLP

D.C. Circuit Rules That Off-Duty Employees Had A Right To Picket On Hospital Property

by Seyfarth Shaw LLP on

Seyfarth Synopsis: U.S. Court of Appeals for the D.C. Circuit rules that the NLRB properly found that a hospital violated the NLRA by threatening employees with discipline and arrest for peacefully picketing on hospital...more

Best Best & Krieger LLP

70 Years of Pension Precedent Could Soon Be Weakened by the California Supreme Court - Isabel Safie Provides Insight Into Lawsuits...

by Best Best & Krieger LLP on

It’s a big litigation year for California pensions. The California Supreme Court ruled last month that San Diego’s landmark pension cutback legislation, Proposition B, was illegally placed on the 2012 ballot because city...more

Stinson Leonard Street

California Supreme Court Rules that Consumer Loans Not Subject to Usury Cap May Still Be Deemed Unconscionable

by Stinson Leonard Street on

On Monday, August 13, the California Supreme Court unanimously ruled that the interest rate on a consumer loan in California can be deemed illegally high, even if the loan was not subject to the state’s usury cap....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

Womble Bond Dickinson

Senators Question FCC Commissioners on TCPA at Oversight Hearing; Thune Urges Commission to Restore Reason to the TCPA Rules

by Womble Bond Dickinson on

As we highlighted earlier this week, the FCC Chairman and Commissioners testified today before the Senate Committee on Commerce, Science, and Transportation, chaired by Senator Thune. Senator Thune kicked off the hearing by...more

Ruder Ware

Department of Justice Reduces Per Copy Fee

by Ruder Ware on

A recent pronouncement from the Wisconsin Department of Justice signals a new concern that will arise when local governments are responding to a request for public records, under the Wisconsin Public Records Law. In its...more

Schnader Harrison Segal & Lewis LLP

CA Supreme Court: Interest rates on consumer loans in excess of $2,500 can be challenged as unconscionable under California law

In De La Torre et al. v. Cashcall, Inc. the California Supreme Court recently held that, although California’s Financial Code only imposes interest rate caps on consumer loans for less than $2,500, consumers who borrow more...more

Mintz Levin - Global IP Matters

Updates to the PTAB Trial Practice Guide Memorialize Current Practices While Leveling the Playing Field for Patent Owners

The Patent Trial and Appeal Board (PTAB) issued an August 2018 update to the American Invents Act Trial Practice Guide (the “Updated TPG”). The Updated TPG incorporates the PTAB’s current practices and provides further...more

Foley & Lardner LLP

American Bar Association Publishes The Bankruptcy Handbook for Franchisors and Franchisees, Co-Edited by Foley & Lardner LLP...

by Foley & Lardner LLP on

The Bankruptcy Handbook for Franchisors and Franchisees, published by the American Bar Association Forum on Franchising, is now in print. The book was co-edited by Jason B. Binford, who is also a co-author of the chapter on...more

Fenwick & West LLP

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

by Fenwick & West LLP on

A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more

Jones Day

Voluntary Dismissal Without Prejudice Does Not Reset One-Year Time Bar

by Jones Day on

In Click-To-Call Tech. v. Ingenio, Inc., 2015-1242, slip op. (Fed. Cir. Aug. 16, 2018) (en banc), the Federal Circuit found that the PTAB’s treatment of voluntary dismissal without prejudice of a district court litigation as...more

CloudNine

Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Seven

by CloudNine on

An IG strategy will depend entirely upon the business practice of your client and their various needs, including but not limited to proactive handling of eDiscovery matters for litigation. ARMA suggests five main...more

Weiner Brodsky Kider PC

3rd Circuit Holds Unpaid Highway Tolls are Not “Debt” for FDCPA Purposes

by Weiner Brodsky Kider PC on

The Third Circuit recently affirmed a district court decision which found that unpaid highway tolls do not constitute a type of “debt” that could support a consumer claim brought under the Fair Debt Collection Practices Act...more

Holland & Knight LLP

Inevitable Disclosure: Recognition (or Lack Thereof) Under the Defend Trade Secrets Act

by Holland & Knight LLP on

Prior to the federally enacted Defend Trade Secrets Act (DTSA), companies seeking civil remedies for misappropriation were generally limited to state law causes of action (including, where applicable, a state version of the...more

Dechert LLP

English Court of Appeal Ruling Emphasises Need for Care When Launching Proceedings as Part of an International Litigation Strategy

by Dechert LLP on

Commercial court litigation is often seen as a tactical weapon that provides a means to a greater end, in an international context the end perhaps being the securing of an English judgment that might then assist parallel...more

Zapproved LLC

What Is Proportionality?

by Zapproved LLC on

Limiting the extent of ediscovery based on the needs of the case. What is proportionality in ediscovery? In essence, proportionality represents a global cost-benefit analysis, whereby the court considers the needs of the...more

Esquire Deposition Solutions, LLC

I won the lottery. Does anyone have to know?

Three intriguing new cases related to privacy, legal and personal, just cropped up: Lottery winner won’t identify herself Can you blame the lottery winner? She held the winning ticket for a $560 million jackpot, signed her...more

Ballard Spahr LLP

Calif. Supreme Court: High-Interest Loans May Be Subject to Price Unconscionability Attack

by Ballard Spahr LLP on

Resolving an ambiguity in the California Finance Lender's Law (CFLL), the California Supreme Court unanimously held that borrowers may use the unconscionability doctrine to challenge the interest rate on consumer loans of...more

Womble Bond Dickinson

Double Whammy!: Court in Eastern District of Michigan Excludes Plaintiff’s Expert Report, Then Grants Summary Judgment on TCPA...

by Womble Bond Dickinson on

It’s hard to keep track of developments on ATDS functionality these days, as week-by-week we’ve had courts across the country coming out on different sides of this raging debate. This week is no different, and we have a nice...more

Sullivan & Worcester

Berkshire Museum Tries to End-Run Pending Appeal but Member Plaintiffs Decline to be Bullied

by Sullivan & Worcester on

After four months of silence, the Berkshire Museum suddenly demanded last week that my clients dismiss their still-pending lawsuit over the governance of the museum by claiming that the April decision by the Single Justice of...more

Esquire Deposition Solutions, LLC

Consolidated Cases Retain Right to Appeal

In a decision made by the Supreme Court in the Fall of 2017, justices announced independent cause for appeal by a party in consolidated cases cannot be denied. This was decided during a dispute between a brother and sister...more

Latham & Watkins LLP

English Court Refuses to Extend Time for Serving a Claim Form

by Latham & Watkins LLP on

Claimants and practitioners must be mindful of the period in which a claim form must be served after filing. In Viner v. Volkswagen Group Limited [2018] EWHC 2006 (QB) Senior Master Fontaine refused the claimants’...more

Knobbe Martens

BSG Tech LLC v. BuySeasons, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been...more

Traub Lieberman Straus & Shrewsberry LLP

Florida Appellate Court Finds Implications Of Bad Faith In Claims Handling Not Proper In First Party Insurance Coverage Dispute

In two separate opinions, Florida’s Fourth District Court of Appeals reiterated the longstanding principle that issues regarding the quality of an insurer’s adjustment of a claim and bad faith should not be interjected into a...more

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Links to Other Websites

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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