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Civil Procedure law-news Civil Remedies

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Weber Gallagher Simpson Stapleton Fires &...

COVID-19: When Should a Judge be Recused? And Who is an Essential Employee?

The NJ Appellate Court recently published a case of first impression to touch on this COVID case law Guiseppe Amato v Township of Ocean School District, which dealt with two issues: whether the Judge of Compensation should...more

EDRM - Electronic Discovery Reference Model

Pioneering Dispute Resolution: The New JAMS AI Rules

As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system...more

EDRM - Electronic Discovery Reference Model

From Moscow to Pyongyang: Cyber Threats Revealed by Sandra Joyce at the Tallinn Digital Summit

ComplexDiscovery Editor’s Note: Sandra Joyce’s keynote at the Tallinn Digital Summit 2024 offers a vital look into the shifting dynamics of the cyber threat landscape. As an annual gathering of leaders from the digitally...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and...more

Akin Gump Strauss Hauer & Feld LLP

Shared Counsel and Existence of Joint Defense Agreement Insufficient to Establish Real Party-In-Interest Status

The Patent Trial and Appeal Board rejected a patent owner’s assertion that petitioner should have named a third party, which was a defendant in a related district court patent infringement litigation and a party to a joint...more

White and Williams LLP

Do You Have the Receipt? Pennsylvania Court Finds Insufficient Evidence That Defendant Sold the Product

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In State Farm Fire & Cas. Co. v. Coway USA, Inc., No. 22-cv-3516, 2024 U.S. Dist. LEXIS 192849, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiff...more

A&O Shearman

Termination turmoil: when knowing your rights makes all the difference

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The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2024

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In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more

Ladas & Parry LLP

Read Before Signing - Important lessons from recent court rulings involving problematic contracts.

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IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts...more

Proskauer - Labor Relations Update

Consent Orders Are Gone But Board Consent Remains…For Now

On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking...more

McDermott Will & Emery

This Week in 340B: November 19 – December 2, 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

Kilpatrick

A Recipe for Bad Tax Policy: False Claims Acts and Class Action Lawsuits in the World of State Taxation

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Perfection is often an admirable goal, but rarely achieved. However, in the current environment, failure to collect, report and remit your taxes perfectly, particularly in the sales and use tax arena, can leave a taxpayer...more

Foley & Lardner LLP

BREAKING: Federal Court Enjoins Government from Enforcing Corporate Transparency Act

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas granted a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA). The CTA,...more

Shipman & Goodwin LLP

Nationwide Injunction Bars Enforcement of the Corporate Transparency Act

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On December 3, 2024, in Texas Top Cop Shop, Inc., et al. v. Merrick Garland, Attorney General of the United States, et al., Judge Amos Mazzant of the United States District Court (Eastern District of Texas/Sherman Division)...more

Cimplifi

Going Mobile: Data Discoverable on Mobile Devices

Cimplifi on

If you ask most legal professionals about discovery of data from mobile devices, the discussion typically turns to text messages. However, there are several other data types unique to mobile devices that are not only...more

ArentFox Schiff

A Tale of Two Recent QTIP Trust Termination Cases — Anenberg and McDougall

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Through the years, the US Tax Court has provided significant clarification on the gift tax consequences of terminating qualified terminable interest property (QTIP) trusts. Two new cases in 2024, Estate of Sally J. Anenberg...more

Cole Schotz

Death, Taxes and Shareholder Agreements: Lessons from the Connelly Case

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Recently, the U.S. Supreme Court ruled unanimously in Connelly v. United States, that the valuation of a decedent’s shares in a closely held corporation for federal estate tax purposes must include insurance proceeds received...more

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

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When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

BakerHostetler

Availability of Willfulness and/or Indirect Patent Infringement Claims without Pre-Suit Knowledge: A District Court Survey

BakerHostetler on

The tests for willful and indirect (both inducement and contributory) patent infringement require a finding by the court that the alleged infringer had prior knowledge of infringement of the at-issue patent....more

Winthrop & Weinstine, P.A.

Hennepin County Civil Judges Roundtable: Key Takeaways

In partnership with the Minnesota State Bar Association – Civil Litigation Section, Winthrop recently hosted a lively and educational Roundtable event featuring a distinguished panel of nine members of the Hennepin County...more

DarrowEverett LLP

Injunction Halts Enforcement of Corporate Transparency Act: What’s Next?

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule...more

Planet Depos, LLC

Best Practices for Creating a Clear Record (Updated)

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Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. We’ve polled hundreds of court reporters with thousands of reporting hours under...more

Marshall Dennehey

The Court of Appeals of Ohio, Fourth District, Affirmed the Trial Court’s Summary Judgment in Favor of the Defendants

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Kerns v. Hale et al., Slip Copy, 2024 WL 275413 - The plaintiff filed suit, seeking damages under various theories of liability after the defendant struck and injured the plaintiff, who was a pedestrian, with his motor...more

Marshall Dennehey

A Claim for Bad Faith Must Be Plausible, Not Just Possible

Marshall Dennehey on

Hampton v. Progressive Insurance Company, Slip Copy, 2024 WL 2301366 - Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to...more

Patterson Belknap Webb & Tyler LLP

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

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