News & Analysis as of

Civil Procedure law-news Intellectual Property

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

In Rem Jurisdiction Matters: Fifth Circuit Clarifies Jurisdictional Requirements Over Attached Funds at Riyad Bank

Troutman Pepper on

On October 18, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s vacatur of a maritime attachment order, providing a detailed analysis of the requirements for personal and in rem jurisdiction over...more

Epstein Becker & Green

The Sleeping Giant: New York’s Commercial Division Expert Disclosure Rules

Epstein Becker & Green on

The New York County Commercial Division rules differ materially from rules in New York County generally and, over time, have come to mirror the more stringent federal demands....more

Seward & Kissel LLP

Employment Litigation Roundup: October 2024

Seward & Kissel LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act to prohibit mandatory arbitration of sexual harassment and sexual assault claims. In Doe v. Second...more

Patterson Belknap Webb & Tyler LLP

The Ponzi Scheme Presumption in Avoidance Action Litigation

Section 548 of the bankruptcy code authorizes a trustee, debtor, or other appropriate party to avoid actual and constructive fraudulent transfers that occurred prepetition. In order to prove that a transfer was an actual...more

Benesch

National Labor Relations Board Feels the Effects of Heightened Injunction Requirements and Reduced Deference to Board Findings

Benesch on

As we previously addressed, on June 13, 2024, the Supreme Court struck a blow to the National Labor Relations Board (the “Board”) and provided employers a major win in Starbucks Corp. v. McKinney, et al., a case involving a...more

Dechert LLP

Dechert Re:Torts - October 2024

Dechert LLP on

Uber Drives Dual MDL Challenges to Ninth Circuit - Key Takeaways - Ninth Circuit review of Uber’s non-consolidation clauses in an MDL context could generate new precedent on the enforceability of similar clauses and...more

Perkins Coie

Coming Soon: Judicial and Agency Interpretations of Washington's Pay Disclosure Law

Perkins Coie on

Washington's Equal Pay and Opportunity Act (EPOA) is a hot topic in Washington state, with well over 100 class-action lawsuits filed under the law in the past 18 months. In short, the EPOA requires employers to disclose...more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

Cozen O'Connor

GOP AGs Urge Supreme Court to Limit Citizen Suits Under the Clean Water Act

Cozen O'Connor on

A group of 25 Republican AGs submitted an amicus brief to the U.S. Supreme Court in Port of Tacoma, et al. v. Puget Soundkeeper Alliance, supporting the petition for certiorari in a case regarding whether the Clean Water Act...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — November 2024

Despite the recent disbandment of the SEC’s Climate & ESG Task Force, the SEC is continuing to pursue enforcement actions concerning environmental issues, including greenwashing. Notably, over the past several weeks, the SEC...more

Association of Certified E-Discovery...

How the Default Settings for the Deletion of Text Messages Can Impact Sanctions

In Safelite Grp., Inc. v. Lockridge, the U.S. District Court examined whether a cease-and-desist letter triggers a duty to preserve electronically stored information (ESI) and how routine deletion of text messages impacts...more

Fox Rothschild LLP

New Jersey Supreme Court to Hear Important Wage Case

Fox Rothschild LLP on

In June 2024 I wrote this article discussing in-depth the case of Musker v. Succhi, et al., and the implications the Appellate Division’s ruling had for wage disputes regarding sales commissions. As a reminder, the plaintiff...more

Marshall Dennehey

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

Marshall Dennehey on

Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

IR Global

AI: Inevitable, but limited

IR Global on

How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more

Dickinson Wright

Effect of Approving the “Form and Content” of Orders

Dickinson Wright on

A version of this article was previously published in the Michigan Defense Quarterly, Vol. 41, No. 1 (2024). It is well-established that consent judgments and orders are not appealable, so parties should always be cautious...more

Ballard Spahr LLP

Ninth Circuit Refuses to Enforce Ticketmaster’s Mass Arbitration Procedures Notwithstanding the Federal Arbitration Act

Ballard Spahr LLP on

We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more

Goldberg Segalla

Jury Verdict Reversed and Remanded on Appeal in California

Goldberg Segalla on

Court: Court of Appeal of California, First Appellate District, Division Two -   Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more

Holland & Knight LLP

Supreme Court Urged to Resolve Split on ERISA Standing Requirements in Excessive Fee Cases

Holland & Knight LLP on

Chavez v. Plan Benefit Services, Inc., 108 F.4th 297 (5th Cir. 2024), began when three employees of a single employer sued the service providers of their health and welfare benefit plan for allegedly charging excessive fees...more

Array

This Week in eDiscovery: In-House Counsel | Sequestered Documents

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 21-27. Here’s what’s...more

McDermott Will & Emery

Promises, Promises: Covenant Not to Sue for Patent Infringement Includes Downstream Users

McDermott Will & Emery on

The US Court of Appeals for the Tenth Circuit affirmed that a district court did not err in applying ordinary rules of contract construction to a covenant not to sue and properly found that under the patent exhaustion...more

McDermott Will & Emery

IBA Launches Site Visit Model Protocol for International Arbitration

McDermott Will & Emery on

On September 10, 2024, the International Bar Association (IBA) published the Site Visit Model Protocol for International Arbitration (the Site Visit Model Protocol). This comprehensive document sets out international best...more

McDermott Will & Emery

Pre-Markman Claim Construction Is OK, Within Limits

McDermott Will & Emery on

In an appeal stemming from the denial of a preliminary injunction and dismissal of the complaint, the US Court of Appeals for the Federal Circuit clarified its precedent and explained that a district court may construe claims...more

Fox Rothschild LLP

Not all FedEx’s are created equal, at least when it comes to service

Fox Rothschild LLP on

A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated delivery services” under Rule 4. They used...more

McDermott Will & Emery

Bill Proposes to Shed Light on Third-Party Litigation Interests via Mandatory Disclosures

McDermott Will & Emery on

On October 4, 2024, US Representatives Darrell Issa (R-CA) and Scott Fitzgerald (R-WI) introduced HR 9922, the Litigation Transparency Act of 2024. If enacted, the act would require the disclosure of third parties receiving...more

Morris James LLP

Chancery Requires Bond in Connection With Status Quo Order

Morris James LLP on

Leon v. Orlando, C.A. No. 2024-0311-LWW (Del. Ch. June 5, 2024) - In an action to determine the rightful manager of a Delaware limited liability company (“the Company”), the Court of Chancery required plaintiff to post a...more

77,220 Results
 / 
View per page
Page: of 3,089

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide