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Civil Procedure Administrative Agency

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

Reese v. ATF: Fifth Circuit Strikes Down Federal Handgun Purchase Ban for 18-to-20-Year-Olds

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On January 30, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a landmark opinion in Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), holding that 18 U.S.C. §§ 922(b)(1) and (c)(1), which...more

Wilson Sonsini Goodrich & Rosati

FTC's Bid to Stop Mattress Merger Put to Rest

The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more

Mayer Brown

Recent Decision May Open the Door for UK Holiday Pay Claims Going Back More Than Two Years

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An interesting employment tribunal decision has been handed down in the case of Afshar and others v Addison Lee: https://shorturl.at/Svqn3. In finding that the Addison Lee drivers were workers and not self-employed, the...more

Gray Reed

What Will the Texas Supreme Court Say About Allocation and PSA Wells?

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Alas, we might never know. Opiela v. Railroad Commission of Texas and Magnolia Oil & Gas Operating, was a challenge to the Commission’s authority to issue permits for allocation wells and wells drilled under Production...more

Clark Hill PLC

Illinois Supreme Court Affirms Dismissal of Data Breach Class Action for Lack of Standing

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On Jan. 24, the Illinois Supreme Court, in Petta v. Christie Business Holdings Company, PC, affirmed the dismissal of a putative class action following an alleged data breach because the named plaintiff failed to allege any...more

K&L Gates LLP

CJEU Upholds EDPB's Authority to Order Broader Investigations in Cross-Border Cases

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In a landmark judgment delivered on 29 January 2025, the General Court of the European Union has affirmed the European Data Protection Board‘s (EDPB) authority to require national supervisory authorities to broaden their...more

McDermott Will & Emery

This Week in 340B: January 28 – February 3, 2025

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

Bond Schoeneck & King PLLC

Will EDTX Sanctions Decision Deter Improper Venue Allegations in Patent Lawsuits?

Following the Supreme Court’s TC Heartland decision in 2017, a patent owner may only sue an alleged infringer in either: (1) a judicial district of the state where the defendant is incorporated; or (2) a judicial district...more

Dinsmore & Shohl LLP

Apple Prevails and Federal Circuit Puts Expert Testimony in the Spotlight

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The U.S. Court of Appeals for the Federal Circuit (“CAFC”) recently issued its opinion in Apple Inc. v. Gesture Technology Partners, LLC, a case that focuses on obviousness under 35 U.S.C. §103, claim breadth and the...more

Goldberg Segalla

Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon Statute of Limitations

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Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder....more

Bennett Jones LLP

Ontario Superior Court Reminds Plaintiffs’ Counsel that Class Actions Notices Are Not Vehicles For Recruitment

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Pugliese v Chartwell, 2024 ONSC 7146 (Chartwell) explores the limitations of notice provisions under class proceedings legislation. Justice Morgan refused to authorize a notice plan providing for direct notice to proposed...more

Goldberg Segalla

Attorney Discipline: Stranger than Fiction

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Many of us probably realized in law school the answer is often “it depends.” The specific fact-patterns shift the issues or trigger exceptions to the rule. Attorneys make a living navigating in those gray areas when the...more

Husch Blackwell LLP

Why a Sorority’s Interview Notes Didn’t Stay Private: Lessons in Legal Privilege

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Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by...more

Procopio, Cory, Hargreaves & Savitch LLP

What Do You Mean That’s Discoverable? Developments in Discovery Obligations and Reminders on Privilege

Discovery: the dreaded D-word. The process is time-consuming, delays the resolution of litigation, and is often quite expensive. There are also frequent challenges (and costs) related to identifying, collecting, reviewing,...more

A&O Shearman

UPC Court of Appeal confirms strict approach to correcting patent errors by interpretation

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Alexion Pharmaceuticals v Amgen (UPC_Coa-405/2024) and Alexion Pharmaceuticals v Samsung Bioepis NL BV (UPC_CoA-402/2024); December 20, 2024. The UPC Court of Appeal has confirmed a strict approach to correcting erroneous...more

McDermott Will & Emery

Responding to Stop Work Orders Implementing Recent Executive Orders

Since the inauguration of US President Donald Trump on January 20, 2025, many companies that hold or support Federal contracts, grants, and other awards have received so-called “stop work orders” or other directives to cease...more

eDiscovery Assistant

The Perils of Self-Collection in eDiscovery: What Litigators Need to Know

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The risks of self-collection in ediscovery continue to be a central theme in courts across the country. A decision from Magistrate Judge William Matthewman in the Southern District of Florida, EEOC v. M1 5100 Corp., serves as...more

McGlinchey Stafford

Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction

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Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more

WilmerHale

Federal Circuit Patent Watch: FDA Filing Can Create Personal Jurisdiction; “Compelling” Arguments that Reverse Doctrine of...

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Precedential and Key Federal Circuit Opinions - STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION [OPINION] (2023-1790, 1/24/2025) (Moore, Hughes, Cunningham) - Moore, Chief J. The Court reversed the district...more

Bradley Arant Boult Cummings LLP

General Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo Dispute

The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more

Bradley Arant Boult Cummings LLP

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the...more

Smart & Biggar

Canadian IP litigation 2024: a year in review

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In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity...more

Seward & Kissel LLP

Employment Litigation Roundup: January 2025

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Seventh Circuit upholds forfeiture-for-competition provision in restricted stock unit agreement - A Seventh Circuit panel, in LKQ Corporation v. Rutledge, held that an employer could enforce a “forfeiture-for-competition”...more

Harris Beach Murtha PLLC

Deadline for CT Real Property Tax Assessment Appeals is Feb. 20

Property owners who wish to challenge their tax assessment believing that their property is overvalued on the Oct. 1, 2024, Grand List only have a couple of weeks left to file a written appeal with the Board of Assessment...more

Burr & Forman

The Future of False Claims Act Qui Tam Provisions

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On September 30, 2024, a federal district court in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the FCA’s qui tam provision – which allowed individuals to sue...more

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