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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

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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

Esquire Deposition Solutions, LLC

California to Update Court Interpreter Ethics Standards

California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more

Patterson Belknap Webb & Tyler LLP

You Can Go In-House, But You Can’t Hide: In-House Counsel Not Immune from Deposition

On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing...more

Goldberg Segalla

Court Denies Valve Manufacturers Summary Judgement Motion - Update

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Supreme Court of New York, New York County - Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to...more

Saul Ewing LLP

U.S. Supreme Court Hears Oral Argument in False Claims Act Case

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The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath, Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the...more

WilmerHale

Nvidia Supreme Court Case May Not Make Big Splash

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On Nov. 13, the U.S. Supreme Court heard oral argument in Nvidia Corp. v. E. Ohman J:or Fonder AB, which has been widely followed given its potential impact on motions to dismiss in securities class actions. After oral...more

Holland & Hart - Your Trial Message

Expand Voir Dire

Here’s a welcome development: The state of Maryland has embarked on a pilot program to test out the effects of expanded voir dire. In many parts of the country (looking at you, Arizona) the ability of litigants to explore and...more

Buchalter

California Court of Appeal Holds Individual Wage and Hour Arbitration Award Precludes Subsequent PAGA Action

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A recent ruling in California’s Second District Court of Appeal has reaffirmed the importance of having employees sign comprehensive arbitration agreements. In Rodriguez v. Lawrence Equipment, Inc., 2024 WL 4719479, —...more

Kilpatrick

Planting the Seeds of Accountability for Spoliation Sanctions

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When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The...more

Roetzel & Andress

Supreme Court Issues Extremely Favorable Decision for Employers on Defense of TTD Compensation Requests

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On November 26, 2024, the Ohio Supreme Court issued an extremely favorable decision for employers on the potential defenses to the payment of TTD compensation. This case is important because it is the first time the Ohio...more

Foley & Lardner LLP

Louisiana Based Franchisor and Its Employees Cannot Avoid Personal Jurisdiction in Washington State

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Washington-state based franchisees Greg and Gabriela Skistimas brought suit against Hotworx Franchising LLC in the U.S. District Court for the Western District of Washington alleging misleading and unfair practices related to...more

Mintz

Maine Sues Major Fossil Fuel Companies

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Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to climate change. There are around three dozen lawsuits bringing common law and state tort...more

Allen Matkins

Court Rules That When Profits Are Hypothetical There Can Be No Civil Theft

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Under California Penal Code Section 496(a) a person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or...more

Gray Reed

Master Service Agreement Imposes a Ceiling on Indemnity Obligations

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Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more

K&L Gates LLP

UAE Law on the Enforceability of Unilateral Arbitration Agreements

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In a recent decision dated 29 October 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 735 of 2024 (Commercial) confirmed that a unilateral (or asymmetric) arbitration agreement—an agreement which provides...more

Downey Brand LLP

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad Idea

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Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients.  The duty of confidentiality.  The duty of loyalty.  The duty to disclose.  And, greatest of all, the duty to...more

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

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