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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Blake, Cassels & Graydon LLP

Motion to Strike Waives Right to Arbitrate: Ontario Court of Appeal

Overview - In RH20 North America Inc. v. Bergmann, the Ontario Court of Appeal affirmed that a motion to strike arbitrable claims amounts to a waiver of the right to arbitrate and disentitles the moving party to a stay of...more

BCLP

HK Court Rejects “Arbitral Confidentiality” Argument in Parallel Court and Arbitration Proceedings

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In Beijing Songxianghu Architectural Decoration Engineering Co., Ltd v Kitty Kam [2024] HKCFI 1657 (date of reasons for decision: 19 June 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application for...more

Akin Gump Strauss Hauer & Feld LLP

En Banc Decision: 5th Circuit Finds USF Funding Mechanism Unconstitutional - Update

The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal Communications Commission...more

McNees Wallace & Nurick LLC

The Impact of Act 61 - Additional Considerations for Guardians: Guardian Certification and Waiver Petitions

Pennsylvania guardianship rules and processes are subject to significant changes through the enactment of Act 61 of 2023 (Senate Bill 506; PN 843). This legislation, which updates the legal framework surrounding...more

AEON Law

Patent Poetry: Federal Circuit Affirms Most of Patent Board Ruling Invalidating Philips Radio Patent

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The Federal Circuit has affirmed most of a ruling by the Patent Trial and Appeal Board (PTAB or Board) that invalidated claims related to radio communications in a patent owned by Philips. The case is KONINKLIJKE PHILIPS...more

McDermott Will & Emery

This Week in 340B: September 17 – 23, 2024

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Vondran Legal

Boxing Piracy and the "Internet defense" is it viable?

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When your restaurant, bar, nightclub, sports bar, barber shop, gym, country club, cigar bar other similar establishment decides to air the latest and great UFC fight or other sports match in your venue, you need to understand...more

Greenbaum, Rowe, Smith & Davis LLP

Constitutional Challenge to New Jersey Residency Requirement in Medical Aid in Dying Act Rejected

On September 18, 2024, the Honorable RenéeMarie Bumb, the Chief Judge for the U.S. District Court for the District of New Jersey, filed a 59-page opinion along with an Order dismissing the complaint in Govatos challenging the...more

Holland & Hart - Your Trial Message

Witnesses, Avoid Absolutes

As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense. Often that opportunity can be...more

DarrowEverett LLP

Litigating Arbitration Awards: Federal Courts Decline to Punch the Jurisdictional Ticket

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Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more

Houston Harbaugh, P.C.

Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

Houston Harbaugh, P.C. on

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American...more

Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

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A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

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

Sale of Manufacturing Facility/Landfill Permit Acquisition: Federal Court Addresses Unjust Enrichment/Promissory Estoppel Claims

Co-Author Chacey Schoeppel Wilcox A United States District Court (Indiana) (“Court”) addressed in a July 30th Order issues arising out of the sale of a manufacturing facility for which there was interest in constructing a...more

Mitratech Holdings, Inc

Understanding the Legal Hold Lifecycle

A legal hold preserves important information, such as documents or data, that might be needed in a legal case. When there’s a potential lawsuit, investigation, or legal matter, the company must ensure that no one deletes or...more

Linda Liu & Partners

The Practice of Producing Evidence for the Prior Use Right Defense in Patent Infringement Disputes

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As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes....more

Nelson Mullins Riley & Scarborough LLP

Rooker-Feldman Doctrine Doesn't Prevent Certain Bankruptcy Court Decisions

In an opinion issued on Sept. 20 by the United States Bankruptcy Court for the District of New Mexico, Judge David T. Thuma held that the Rooker-Feldman doctrine does not prevent a bankruptcy court from determining whether...more

Butler Weihmuller Katz Craig LLP

Order Denying Motion to Dismiss under Florida’s Notice of Intent Statute Reviewable by Certiorari

Florida’s Third District Court of Appeal recently exercised its discretionary jurisdiction and granted review of an order denying a carrier’s motion to dismiss under Florida’s statute requiring notice of an intent to initiate...more

Littler

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

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On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or...more

A&O Shearman

Western District Of Texas Dismisses Putative Securities Class Action Against Cryptocurrency Exchange For Lack Of Personal...

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On September 6, 2024, Judge Robert Pitman of the United States District Court for the Western District of Texas dismissed a putative securities class action against a family of corporations (“Corporate Defendants”) that,...more

A&O Shearman

Southern District Of Florida Dismisses Securities Fraud Claim Against Equity Fund Alleging “Scheme” To Inflate Company Stock Price...

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On September 13, 2024, Judge K. Michael Moore of the United States District Court for the Southern District of Florida dismissed a complaint alleging that an equity fund (the “Company”), its affiliate companies, and several...more

Goldberg Segalla

Plaintiffs’ Motion for New Trial Reversed on Appeal

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Court of Appeal of Louisiana, Fourth Circuit - In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her...more

Akin Gump Strauss Hauer & Feld LLP

USPTO Director Cracks Down on Patent Owner for Withholding Data and Imposes Severe Sanctions

The Director of the USPTO initiated sua sponte review of a PTAB panel’s decision to impose sanctions based on patentee’s conduct during IPR proceedings.The PTAB cancelled all of patentee’s claims, including those not...more

Jenner & Block

California Governor Signs PAGA Amendments into Law, Declaring “a big win for both workers and businesses.”

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On July 1, 2024, California Governor Gavin Newsom signed into law reforms intended to moderate California’s unique and controversial Private Attorneys General Act (“PAGA”). The PAGA amendments are widely seen as a compromise...more

Smart & Biggar

Supreme Court of Canada to hear method of medical treatment appeal

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On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen’s patent relating to paliperidone...more

Goodwin

Constitutionality of Shortened Time Limits on New York Foreclosures Still Unresolved

Goodwin on

​​​​​​​On September 12, 2024, New York’s highest court dismissed an appeal challenging the constitutionality of the retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”), a law that amended certain New York...more

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