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Civil Procedure Criminal Law

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

Courts Stay Consistent on Title VII’s Participation Clause, but the EEOC Has a Different Take

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On October 3, 2024, the United States District Court for the District of Columbia’s Opinion and Order in Mark C. Savignac and Julia Sheketoff v. Jones Day, et al., 19-cv-02443-RDM, addressed Title VII’s “participation...more

Marshall Dennehey

Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have...

Marshall Dennehey on

GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr. 19, 2024) - Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024...more

Hogan Lovells

"Gamechanger" in komplexen Massenverfahren? – Ein Ausblick auf das neue Leitentscheidungsverfahren

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Massenverfahren sind durch eine Vielzahl von Klägern gekennzeichnet, die in zahlreichen Verfahren rechtlich und tatsächlich gleichgelagerte Ansprüche geltend machen.3 Neben den promintenten Fällen der massenhaft eingereichten...more

Morgan Lewis

First Appeal Decisions on the Admissibility of Actions Based on the Duty of Vigilance

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On June 18, 2024, the new chamber 5-12 of the Paris Court of Appeal handed down its first three rulings on the admissibility of duty of vigilance claims in cases involving TotalEnergies, EDF, and Vigie Groupe (formerly Suez)....more

Association of Certified E-Discovery...

In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance

In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also highlights...more

Katten Muchin Rosenman LLP

Answer Your Lawyer's Emails

A recent opinion of the D.C. Court of Appeals is, on the surface, about procedural doctrines on service of process and court notices. But the case also teaches a simpler lesson: Answer your lawyer’s emails....more

Perkins Coie

Novel Decision Striking Down False Claims Act’s Qui Tam Statute Tees Up Further Litigation Over Whistleblower Lawsuits

Perkins Coie on

A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more

Wiley Rein LLP

Massachusetts Supreme Judicial Court Holds that State’s Wiretap Act Does Not Apply to Website Browsing Tracking Claims

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The Supreme Judicial Court of Massachusetts (the “SJC”) has held that the state’s wiretap act does not prohibit the tracking of a person’s browsing of and interaction with published information on websites. On behalf of...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Constangy, Brooks, Smith & Prophete, LLP

You be the judge: Does this ADA plaintiff have a case?

Based on a real lawsuit. Names have been changed to protect the innocent. Facts may not be 100 percent accurate. PART ONE: Imagine you're the boss. You run a fast-food franchise, Flippin' Burgers. You hire Gwendolyn to...more

Husch Blackwell LLP

Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims

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The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more

Jones Day

PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

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On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule...more

U.S. Legal Support

Voir Dire to Qualify an Expert Witness

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Before jurors can deliberate on a case after an expert witness testifies, the expert witness must first complete voir dire. French for “Speak the truth,” voir dire is a questioning process judges and lawyers utilize to...more

Womble Bond Dickinson

Federal Circuit: Claim Construction Not Forbidden Per Se at Motion to Dismiss Stage

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On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12...more

Cozen O'Connor

The Fine Line Between Delay and Bad Faith: Insights from the Fifth Circuit.

Cozen O'Connor on

A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays may be excusable in certain circumstances. In First United Pentecostal Church v. Church Mut. Ins. Co., No. 23-30779, 2024 WL...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

FordHarrison on

Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

McDermott Will & Emery

If Provider Knew Product Would Be Used to Infringe, It Is a Contributor

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In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider,...more

McDermott Will & Emery

No Leave, No Appeal: UPC Court of Appeal Denies Request for Discretionary Review

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The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that if a party wishes to appeal against a procedural order, and leave to appeal has not already been granted in the order, the party must first apply to the...more

McDermott Will & Emery

Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

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In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva v. Amneal -- Amneal's Responsive Brief & Teva's Reply Brief

The Federal Circuit has been petitioned by plaintiff Teva Branded Pharmaceutical Products R&D, Inc. to reverse a decision in favor of Defendant Amneal Pharmaceuticals wherein the District Court entered an injunction ordering...more

Goldberg Segalla

What’s Next For NEPA?

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The U.S. Supreme Court last week scheduled oral arguments for December 10 in Seven County Infrastructure Coalition v. Eagle County, a highly anticipated case that focuses on whether a federal agency should be required to...more

Bradley Arant Boult Cummings LLP

Federal District Court in Florida Holds FCA’s Qui Tam Provisions Unconstitutional

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more

McGuireWoods LLP

Two Important Courts in Two Days Highlight the Shrinking Risk of Subject Matter Waivers: Part I

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All lawyers worry that waiving privilege protection for some communications might trigger a damaging subject matter waiver requiring disclosure of related communications. Such a subject matter waiver risk normally does not...more

Array

This Week in eDiscovery: Litigation Holds and Supplemental Searches

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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 14-20. Here’s what’s...more

Jones Day

French Supreme Court Adopts a Restrictive Conception of Attorney-Client Privilege

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A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more

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