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Mayer Brown

Hong Kong Labour Tribunal Presiding Officer's Statutory Duty to Investigate Includes Calling Witnesses

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Proceedings in the Hong Kong Labour Tribunal are inquisitorial in nature, differing from the adversarial approach taken in court proceedings....more

Esquire Deposition Solutions, LLC

No Transcript, No Appeal

Last week’s blog touched briefly on the need to provide appellate courts with an adequate record of trial court proceedings that are the subject of an appeal. Without an adequate record – in almost all cases, a verbatim...more

Hinshaw & Culbertson - Consumer Crossroads

Tips on Using a Settlement Conference RJI to Show CPLR 3215(c) Compliance in New York Foreclosure Actions

In New York civil actions, where a defendant fails to answer the complaint, the next step is usually a motion for a default judgment pursuant to CPLR 3215. However, in residential mortgage foreclosure actions, the plaintiff...more

Marshall Dennehey

Federal District Court Dismissed Plaintiff’s Claims for Negligent Hiring, Training, Retention, Supervision, and Entrustment

Marshall Dennehey on

Brearey v. Ramsahai, 2024 WL 2848297, No. 24-cv-01693 (E.D. Pa. June 5, 2024) - Often in matters involving simple motor vehicle accidents, plaintiffs attempt to throw in claims relative to negligent hiring, training,...more

Cozen O'Connor

Maryland Establishes Office of the Solicitor General

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Maryland AG Anthony Brown announced the creation of the Office of the Solicitor General (OSG) to oversee the state’s appellate litigation in state and federal court. Julia Doyle, the current Chief of Litigation in the Civil...more

Marshall Dennehey

Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute

Marshall Dennehey on

Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more

Marshall Dennehey

Pennsylvania Superior Court Finds the Treatment of a Dog Bite Undeniably “Arises Out of” the Dog Bite and Medical Negligence...

Marshall Dennehey on

Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who...more

McGuireWoods LLP

Northern District of New York Dismisses Claim—With Prejudice—of a Bank Aiding-and-Abetting Ponzi Scheme

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O’Dell v. Berkshire Bank, 5:24-cv-00652 (N.D.N.Y.) - On October 31, 2024, the Northern District of New York dismissed a putative class action against Berkshire Bank (“Berkshire”) with prejudice....more

Holland & Hart LLP

ACLU of Nevada Partners with Holland & Hart on Critical Amicus Brief Involving Right to Open and Transparent Courts

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LAS VEGAS (Nov. 7) - Holland & Hart and ACLU of Nevada have partnered on an amicus brief to the Nevada Supreme Court in a case critical to protect Nevadans’ right of access to their courts....more

King & Spalding

Divided Ninth Circuit Panel Reaffirms “Ponzi Scheme Presumption” of Intent to Defraud in Fraudulent Transfer Action

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On August 23, 2024, a divided panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a jury’s verdict for a Chapter 7 trustee in an actual fraudulent transfer claim, which was based on the determination that...more

Bennett Jones LLP

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

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Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more

White and Williams LLP

Changes to the Federal Rules – 2024

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Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Overturns Arbitration Clause in ERISA Lawsuit Against Kellogg

The Sixth Circuit Court of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966....more

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

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

Array

This Week in eDiscovery: State Courts Rule on AI | Web Tracking Data

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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 28-November 3. Here’s...more

Farrell Fritz, P.C.

When the Clocks Are Turned Back, Women Litigators Step Forward: NYSBA ComFed Fall Event, “Taking the Lead 2024”

Farrell Fritz, P.C. on

Having recently set our clocks back at the end of this year’s Daylight Saving Time, we here at New York Commercial Division Practice wanted to alert our readers to an upcoming, decidedly forward-looking NY bar event....more

Farrell Fritz, P.C.

The Importance of Filing a Notice of Claim Against A Village: CPLR 9802 - A Trap for the Unwary Litigator

Farrell Fritz, P.C. on

Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary...more

Woodruff Sawyer

SCOTUS on Securities: Waiting for NVIDIA

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In private securities class actions, the motion to dismiss is critical. A victory can mean a quick and relatively inexpensive conclusion to litigation. A loss can mean many months of expensive and intrusive discovery. This...more

Jones Day

Cases Pending Before September 1, 2024, Cannot Be Removed to Texas Business Court, Dallas Court Holds

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In the first opinion to address the issue, the Texas Business Court determined that it lacks jurisdiction over cases pending before September 1, 2024, even if the cases otherwise meet the jurisdictional requirements of the...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Vacates and Remands District Court’s Fee Award Due to Consideration of Irrelevant 'Red Flags'

The Federal Circuit vacated a district court’s fee award because the district court considered certain information that was not relevant to the question of whether plaintiff’s case was exceptional. Specifically, the Federal...more

Farrell Fritz, P.C.

Foreign Affairs of the Books and Records Kind

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Some years ago, the question whether New York courts have subject matter jurisdiction over petitions to dissolve foreign business entities garnered much interest amongst business divorce lawyers and on this blog. The debate...more

McGuireWoods LLP

Courts Begin to Address the Work Product Implications of AI

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Courts have been scrambling to catch up with the fast and sometimes unpredictable evolution of lawyers’ use of generative AI. Many if not most courts require lawyers to advise them if they relied on AI in preparing filings...more

Jackson Lewis P.C.

Seventh Circuit: Travel Time During Normal Working Hours is Compensable for Employees on Remote Assignment

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Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more

McDermott Will & Emery

This Week in 340B: October 29 – November 4, 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

U.S. Legal Support

Challenges in Medical Record Management & Retrieval

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Medical record retrieval is critical to a wide variety of legal disputes. These include cases directly about healthcare-related concerns alongside others that could depend on facts proven through the types of medical records...more

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