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Bradley Arant Boult Cummings LLP

Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)

It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am...more

A&O Shearman

Blood, BITs, and Arbitration: English High Court pours cold water on Czech Republic’s outstanding ss.67 and 68 challenges to...

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The judge provided further guidance on the English court’s approach to jurisdictional issues, finding on this set of facts that the UNCITRAL tribunal had properly exercised its jurisdiction in rendering its award. This post...more

A&O Shearman

Contractual conundrum: variation or replacement?

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Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more

Bradley Arant Boult Cummings LLP

Take a Sad Song and Make It Better: Fifth Circuit’s Commercial Speech Ruling Leaves Door Open to State Law Challenge

In an April 2023 blog post, we questioned the constitutionality of Mississippi’s regulations that restrict medical cannabis businesses from advertising. And, in that post, we observed that challenging those regulations under...more

A&O Shearman

English court determines the “meaning” of personal data

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In a previous blog post we considered an unsuccessful application to strike out a claim for alleged breaches of the UK GDPR, on the grounds that the claim was – in substance – a defamation claim. That application was...more

Schwabe, Williamson & Wyatt PC

Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide

On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more

Goldberg Segalla

Court Denies Valve Manufacturer’s Summary Judgement Motion

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Supreme Court of New York, New York County -In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New...more

BCLP

Cold Comfort: Court of Appeal takes a Chill Approach to Freezing Injunctions

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The Court of Appeal has clarified the requirements to be satisfied before obtaining a freezing injunction, affirming an attainable merits threshold is to be preferred over a more stringent alternative. Any perceived tilt in...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

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The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more

Akin Gump Strauss Hauer & Feld LLP

'Design Impact' and 'Association' Surveys Deemed Admissible in Design Patent Infringement Case

A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the...more

A&O Shearman

Balancing innovation and public health: third-party interests in the UPC's landmark ruling of Edwards Lifesciences vs. Meril

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In a landmark decision (UPC_CFI_15/2023) delivered on November 15, 2024, the Unified Patent Court's Local Division in Munich (UPC, LDM) ruled in favor of Edwards Lifesciences Corporation in a patent infringement case against...more

Smart & Biggar

Federal Court denies motion to add infringement counterclaim to ustekinumab impeachment action

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After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a...more

Blake, Cassels & Graydon LLP

L’immunité absolue s’applique-t-elle à des commentaires diffamatoires sur un tiers?

La Cour du Banc du Roi de l’Alberta (la « CBRA »), dans l’affaire Tuharsky v. O’Chiese First Nation and Poole Lawyers (l’« affaire Tuharsky »), confirme qu’un tribunal peut trancher la question de savoir si une personne qui...more

BCLP

Mediation and the Limits of Without Prejudice Privilege

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Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more

Jones Day

Radical Changes to Europe's Product Liability Rules Adopted

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Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more

Lighthouse

How Attorneys’ Views on AI Are Impacting eDiscovery

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Where are we with AI? With the avalanche of new generative AI tools and applications released to everyday consumers since the launch of ChatGPT in late 2022, it’s a more complex answer for eDiscovery, particularly because...more

Charles E. Rounds, Jr. - Suffolk University...

When virtual representation is not an option in trust-reformation litigation

In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more

Troutman Pepper

Mass Arbitration Clauses: How Have They Fared So Far?

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For decades, representatives of business interests fought to place disputes, especially business-to-consumer (“B-to-C”) disputes, into arbitration rather than court. A second front in this battle developed in which these same...more

Saiber LLC

What Is Estate Administration and How Long Does It Last?

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When an individual passes away, their assets must be distributed to their named heirs or beneficiaries. The beneficiaries may be designated as a co-owner or a beneficiary, or the assets will pass to the estate to be...more

Pagefreezer

Social Media Evidence Spoliation and Preservation

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There are few better cases that illustrate the risks of social media spoliation than Lester v. Allied Concrete Company....more

Jones Day

UPC: Patentees No Longer Locked Out by Pre-Transitional Period National Litigations

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In a November 12, 2024, decision, the Court of Appeal ("CoA") of the Unified Patent Court ("UPC") has clarified under which circumstances a European patent that has been opted out and has been the subject of legal proceedings...more

Winstead PC

Court Had Jurisdiction To Determine Claims Involving Non-Probate Assets

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In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet....more

Stikeman Elliott LLP

Standard of Review for Challenges to Regulations: Important Guidance from the Supreme Court of Canada

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The Supreme Court of Canada (“SCC”) in two recent companion decisions, Auer v. Auer (“Auer”) and TransAlta Generation Partnership v. Alberta (“TransAlta”), has clarified that the reasonableness standard as set out in Canada...more

Haight Brown & Bonesteel LLP

Evidence of the Reasonable Value of Medical Services for Non-Emergency Care Provided by a Hospital is governed by the Howell...

In David Yaffee v. Joseph Skeen, et al., (Filed 11/25/2024, C097746 and C097988), the California Court of Appeal, Third Appellate District, held that evidence of the reasonable value of medical services rendered to an insured...more

Carlton Fields

Florida Appeals Court Decisions: Week of November 25-27, 2024

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U.S. Eleventh Circuit Court of Appeals - No decisions this week...more

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