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

Republican AGs Seek Intervention of U.S. Supreme Court to Block Climate Change Lawsuits filed by Blue States Against Fossil Fuel...

Mintz on

A coalition of Republican state attorneys-general representing nineteen states (Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Kansas, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South...more

Rumberger | Kirk

Third DCA Holds that Insurer and Insured Can Agree to Alternative Means of Policy Cancellation

Rumberger | Kirk on

On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more

Holland & Hart - Your Trial Message

Trust (but Guide) Your Jurors on Damages

How many times have you heard that a jury — especially a jury that is deliberating about damages in a civil case — is about as predictable as the lottery? The broad perception is that as jurors arrive at figures in the...more

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

Rumberger | Kirk on

Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

Patton Sullivan Brodehl LLP

Eviction After Foreclosure: Further Developments from the Courts

A foreclosure sale purchaser attempting to evict a tenant on the property can encounter pitfalls, as made clear in a series of court cases in recent years.  Here is a summary, capped by an update on a recently filed opinion: ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024 #4

LKQ Corporation v. GM Global Technology Operations LLC, Appeal No. 2021-2348 (Fed. Cir. May 21, 2024) - In a rare en banc opinion, the Federal Circuit overruled decades of prior precedent concerning the standard to...more

A&O Shearman

Beneficial ownership registration requirement re-examined by the administrative judiciary

A&O Shearman on

Initially, the UBO Decree mandated that companies, recognized foundations and associations, trusts, and fiduciary mandates based in Italy fulfill their duty to report data and information on ultimate beneficial ownership by...more

A&O Shearman

Supreme Court Holds That A Court—Not An Arbitrator—Must Decide Which Of Two Contracts Controls For Purposes Of Determining Whether...

A&O Shearman on

On May 23, 2024, the United States Supreme Court held that if parties’ agreements conflict as to whether a dispute is subject to arbitration, then a court (not an arbitrator) must decide which contract controls. Coinbase,...more

Troutman Pepper

SCOTUS Designates Dueling Delegation Decision to Courts

Troutman Pepper on

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

Knobbe Martens

Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy

Knobbe Martens on

Before Reyna, Hughes, and Stark.  Appeal from the Western District of Louisiana. Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight...more

Proskauer - Health Care Law Brief

Recent Circuit Litigation Continues to Highlight “But-For” Causation Requirement for the Government to Demonstrate an FCA...

In recent years, a circuit split among the United States Courts of Appeals has emerged over how courts have interpreted the False Claims Act’s (“FCA”) causation element in cases where a violation of the Anti-Kickback Statute...more

A&O Shearman

New York Court Of Appeals Clarifies Application Of Internal Affairs Doctrine But Reverses Dismissal Of Fiduciary Duty Breach...

A&O Shearman on

On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants...more

Knobbe Martens

Infringement Judgement Is Only Final When There’s Nothing Left to Do but Execute

Knobbe Martens on

Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if...more

McDonnell Boehnen Hulbert & Berghoff LLP

Destiny developer obtains first of its kind jury verdict against hackers

In January, Jake Lee and I wrote an article about the merits of using 17 U.S.C. § 1201 to sue video game hack developers. Importantly, § 1201 can be asserted separately from traditional copyright infringement under 17 U.S.C....more

Marshall Dennehey

Vetoed New York State Legislation Maintains Status Quo to Favor Out-Of-State Defendants: No Consent to Jurisdiction by...

Marshall Dennehey on

Key Points: Corporation that registers to do business in New York does not necessarily consent to general personal jurisdiction. Proposed amendment to New York Business Corporation Law § 1301(e) would have overturned that...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Alberta se prononce sur l’expropriation déguisée dans le secteur des ressources naturelles

Dans son arrêt récent dans l’affaire Altius Royalty Corporation v. Alberta (l’« affaire Altius »), la Cour d’appel de l’Alberta (la « CAA ») a statué que le plan mis de l’avant par le gouvernement de l’Alberta pour éliminer...more

Marshall Dennehey

Pennsylvania Superior Court Discounts Big-Box Retail Sales for Determining Venue

Marshall Dennehey on

Key Points: Superior Court decision in Walton v. Baby Trend provides relief from pro-plaintiff venue decisions. For court venue purposes, where a company does regular business does not include its product sales in big-box...more

Hogan Lovells

UK Government’s snap general election stalls Bill intended to clarify litigation funding regulations

Hogan Lovells on

The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ohio Federal Court Rules Judicial Approval Not Required in FLSA Settlements

In Gilstrap v. Sushinati LLC, the U.S. District Court for the Southern District of Ohio rejected the notion that the parties’ private agreement to settle claims under the Fair Labor Standards Act (FLSA) required court...more

Baker Donelson

Big Changes to the Florida Rules of Civil Procedure: Here's What You Need To Know

Baker Donelson on

The Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.510 (Summary Judgment) and adopted the new Florida Rule of Civil Procedure 1.202 (Conferral Prior to Filing Motions) on Wednesday, May...more

Tucker Arensberg, P.C.

What happens if you are charged with a violation of a Protection from Abuse Order in Pennsylvania?

Tucker Arensberg, P.C. on

In Pennsylvania, a defendant faces Indirect Criminal Contempt (“ICC”) if he or she is found in violation of a temporary or final Protection from Abuse (“PFA”) Order. Pennsylvania statute 23 Pa.C.S. Section 6113 is the...more

Fox Rothschild LLP

Trump Trial 2 (Maybe 3): It’s Not Like Family Law

Fox Rothschild LLP on

The world knows that today was closing argument day in the Trump criminal trial associated with the payments made to Stephanie Clifford in connection with her claims of a sexual relationship with former President Trump....more

Cozen O'Connor

Supreme Court Says “Stay” Means “Stay,” Not “Dismiss,” in Resolving FAA Circuit Split

Cozen O'Connor on

On May 16, 2024, the Supreme Court, in Smith v. Spizzirri, unanimously held that Section 3 of the Federal Arbitration Act (FAA) requires courts to stay, rather than dismiss, proceedings pending arbitration upon a party’s...more

Proskauer - California Employment Law

Anti-Arbitration Statute Gets Zapped!

The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more

CDF Labor Law LLP

Importance of FAA in California Employment Arbitration Agreements Underscored

CDF Labor Law LLP on

Employers may be able to breathe a sigh of relief as a California Court of Appeal concluded that the Federal Arbitration Act (“FAA”) preempts state law that allowed employees to wriggle out of arbitration and win thousands of...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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