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Arent Fox

Senator Chuck Grassley Introduces Bipartisan Amendments to False Claims Act Aimed at Clarifying “Confusion” Over Materiality...

Arent Fox on

On Monday, Senator Chuck Grassley, R-Iowa, introduced the False Claims Amendments Act of 2021, section 2 of which would provide that defendants “may rebut an argument of materiality” as to an allegedly false claim submitted...more

Fox Rothschild LLP

Officials, Immunities, And Statutes, Oh My!

Fox Rothschild LLP on

The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both...more

Charles E. Rounds, Jr.

Equity’s doctrine of unclean hands still has serious teeth, at least in the world of trusts (Part 2)

In an action for breach of trust, the unclean hands of the plaintiff-beneficiary, assuming they are in fact unclean, could well be an effective equitable defense. The Restatement of Restitution (1937), specifically § 140,...more

Holland & Hart - Persuasion Strategies

Once More, Into the Mask: Expect a Post-Pandemic Courtroom to be a Ways Off

It is as if the public health groundhog emerged from its den, saw its shadow, and now promises six more months of confusion, polarization, and pandemic fatigue. With the more-transmissible Delta variant of the Coronavirus...more

Sheppard Mullin Richter & Hampton LLP

New York Courts Continue to Enforce Broad General Releases, Even When Claims are Unforeseeable at the Time of Contract Execution

In Chadha v. Wahedna, 2021 NY Slip Op. 50509(U) (Sup. Ct. N.Y. Cnty. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Chemours Company FC, LLC v. Darkin Industries, Ltd. (Fed. Cir. 2021)

The Federal Circuit, and the Court of Customs and Patent Appeals before it, generally reviewed decisions by the Patent and Trademark Office under the same standard applied to district court decisions, whether the factual...more

Goodwin

ERISA Litigation Update - July 2021

Goodwin on

Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Beef Speech and Presumptive Plaintiffs

This week, the Court addresses the constitutionality of government assessments that fund third-party beef advertisements, and clarifies the burden-shifting framework for appointing lead plaintiffs under the Private Securities...more

King & Spalding

Handling Errors: Flaws in Employee Investigations Risk Impeding the Facts

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One would assume if an employee were to openly use highly offensive racists slurs, unashamedly display Swastika tattoos, leave fake drugs on their desk, encourage children to physically abuse a colleague or urinate in public...more

Kilpatrick Townsend & Stockton LLP

Motions to strike: Eighth Circuit reverses district court refusal to strike class allegations

Takeaway: As we have written on a number of occasions, many courts instinctively have a negative view of motions to strike class allegations. Still, a motion to strike can be a viable strategy for a class defendant faced with...more

U.S. Equal Employment Opportunity Commission...

Crothall Healthcare to Pay $37,500 to Settle Disability Discrimination Lawsuit

Linen Services Provider Refused to Hire Individual Because of His Disabilities, Federal Agency Charged - ATLANTA – Crothall Healthcare, Inc., a medical laundry and linen service, will pay $37,500 and provide other relief...more

Holland & Hart LLP

Wyoming Courts Raise the Stakes for Former Operators Allowing Surface Owners to Recover Double Damages

Holland & Hart LLP on

Five years ago, the Wyoming Supreme Court decided two cases, both involving Pennaco Energy, Inc. as lessee of mineral interests—including exploration, development, and extraction rights—on land in Northern Wyoming, that are...more

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

Clean Fill Facility/Zoning: Pennsylvania Court Addresses Whether Activity Constitutes Violation

A Pennsylvania court examined in a May 26th Opinion whether a town’s zoning ordinance prohibited a Clean Fill Facility (“Facility”) in a certain district. See Greenview Properties 862, LLC v. Hamilton Township Zoning Board,...more

Blake, Cassels & Graydon LLP

The Supreme Court of Canada Applies General Rules of Contractual Interpretation to Releases, Overtaking a 150-year-old Rule

On July 23, 2021, the Supreme Court of Canada (SCC) released its unanimous decision in Corner Brook (City) v. Bailey (Corner Brook). The SCC held that the general rules of contractual interpretation apply to releases: courts...more

Locke Lord LLP

Delaware Court of Chancery Finds That Crossing the “Fine Line Between Glaringly Egregious Conduct and an Aggressive Litigation...

Locke Lord LLP on

As discussed last January, Delaware courts have lowered the threshold for stockholders to gain access to books and records. Stockholders are permitted to obtain books and records so long as they can show a credible basis to...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – July 2021 #2

PilieroMazza PLLC on

LABOR & EMPLOYMENT - DOL Announces Proposed Rulemaking to Increase Wages for Workers on Government Contracts - The Department of Labor (DOL) announced a Notice of Proposed Rulemaking to establish standards and...more

Esquire Deposition Solutions, LLC

[Webinar] Ethical Considerations When Taking A Remote Deposition - August 20th, 12:00 pm - 1:00 pm EST

Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more

Akin Gump Strauss Hauer & Feld LLP

SCOTUS Remands Securities Class Action Back to the 2nd Circuit

On June 21, 2021, the U.S. Supreme Court issued its opinion in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System,1 vacating the 2nd Circuit’s previous decision and remanding for further consideration as to...more

Goodwin

President Biden Issues Sweeping Executive Order on Promoting Competition in the American Economy

Goodwin on

In This Issue. President Joe Biden issued a sweeping executive order aimed at cracking down on anticompetitive practices and reducing consolidation across multiple industry sectors, including financial services; the Federal...more

Smart & Biggar

Supreme Court of Canada denies Amgen leave to appeal decision invalidating its filgrastim patent

Smart & Biggar on

As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott’s decision that the relevant claims of its filgrastim (NEUPOGEN) patent were invalid...more

Kaufman & Canoles

Litigation Client Alert – July 2021 #2

Kaufman & Canoles on

What Happens When a Civil Case Turns Criminal? It is a common fear for attorneys: an otherwise civil case is marching along when suddenly information comes to light that could spell criminal trouble for the client. At...more

Pessin Katz Law, P.A.

Maryland’s High Court Upholds Statutory Limits on Recovery for Damages to Companion Animals

Pessin Katz Law, P.A. on

More than ever, individuals value their furry and winged friends as family members. Despite this fact, Maryland law considers these critters chattel and dramatically limits the recovery for any type of tortious injury....more

Perkins Coie

DOJ Takes Stance on Mandatory COVID-19 Vaccine Policies: They Do Not Violate Federal Food and Drug Laws

Perkins Coie on

According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act (FDCA)—which authorizes an “emergency use authorization” (EUA) for...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - July 2021

Motions To Strike Class Allegations: Here To Stay or Going out of Style? By their nature, class actions, given the prospect of classwide liability and potentially millions (if not billions) in aggregated damages, are...more

McDermott Will & Emery

Don’t Be So Dramatic: True Crime Docudrama Doesn’t Violate Right of Privacy

McDermott Will & Emery on

Addressing the tension between the First Amendment and the right to privacy under New York law, the New York Supreme Court Appellate Division, Third Department, unanimously held that despite being partially fictionalized, a...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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