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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Holland & Knight LLP

Supreme Court to Reevaluate Pleading Requirements for ERISA-Prohibited Transaction Claims

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The U.S. Supreme Court recently granted a petition for a writ of certiorari to review the U.S. Court of Appeals for the Second Circuit's decision in Cunningham v. Cornell University, 86 F.4th 961 (2d Cir. 2023). In doing so,...more

Morris James LLP

Chancery Dismisses Fiduciary Duty Claim Against Directors Based on Disclosures Regarding the Company’s Purposes

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Stansell v. Rosensweig, C.A. No. 2023-0180-PAF (Del. Ch. June 12, 2024) - The plaintiff was a stockholder of a company that provided online education resources. Some of the company's customers used its products to cheat on...more

Perkins Coie

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

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The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more

Searcy Denney Scarola Barnhart & Shipley

Request for Production: What it Means for Your Personal Injury Case

Many people are aware that if they are injured due to someone’s negligence in a car accident, slip and fall incident, medical malpractice, or other situations, an experienced personal injury attorney can file a legal claim to...more

Morris James LLP

Chancery Finds Language in LLC Agreement Insufficient To Waive Fiduciary Duties and Permit Competing Business Ventures

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Green v. McClive, C.A. No. 2023-0139-MTZ (Del. Ch. June 3, 2024) - The plaintiff filed claims against defendant McClive, alleging breach of contract, breach of fiduciary duty, and usurpation of corporate opportunities...more

Vinson & Elkins LLP

A Closer Look at the New Texas Business Courts: Key Developments and Insights

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On September 1, 2024, a notable change occurred in the Texas legal landscape with the official launch of the new Texas Business Courts. Created through House Bill 19, which was signed into law on June 9, 2023, these 11 civil...more

Carlton Fields

Getting Writs Right

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Writs are formal written commands developed in English common law more than a thousand years ago. Despite the antiquated Latin terminology, when properly understood writs provide a critical avenue for immediate and...more

Troutman Pepper

Fifth Circuit Grants Expedited Appeal in Challenge to CFPB’s Section 1071 Final Rule; Denies Temporary Administrative Stay

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On October 31, the U.S. Court of Appeals for the Fifth Circuit Court of Appeals granted the appellants’ motion to expedite the appeal in Texas Bankers Association v. Consumer Financial Protection Bureau (CFPB). The suit...more

King & Spalding

Delaware Supreme Court Affirms Lender’s Exercise of Right to Replace Officers

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On September 23, 2024, the Delaware Supreme Court affirmed a lower court’s ruling that Byju’s Alpha, Inc. was in default under the terms of a credit agreement for a $1.2 billion loan and that the lenders had authority under...more

Cooley LLP

Conflicts of Law: Norwich Pharmacal Orders in Liechtenstein

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In Magomedov & Others v. Kuzovkov & Others,[1] the High Court handed down an interesting decision examining the conflict of foreign criminal law with the discretion of the Courts of England and Wales to grant a Norwich...more

Farrell Fritz, P.C.

The Cost of Withholding ESI: First Department Sets Limits on Non-Party Recovery of ESI Production Costs

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Under CPLR §§ 3111 and 3122(d), “[t]he reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery.” The Commercial Division Rules at Appendix A (“Guidelines for the Discovery of...more

Jones Day

United States Supreme Court to Hear Two Securities Cases This Term

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The Supreme Court is set to hear arguments in two cases concerning the pleading standard in securities fraud class actions....more

Carlton Fields

Alabama Federal Court Holds That Tort of Bad Faith Does Not Extend to Reinsurance Contracts

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In Alabama Municipal Insurance Corp. v. Munich Reinsurance America Inc., the U.S. District Court for the Middle District of Alabama addressed whether, under Alabama law, “reinsurance falls within the limited category of...more

IMS Legal Strategies

A New Focus for Defense Voir Dire: Safetyism

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As we speak, plaintiff attorneys are leveraging the spread of safetyism—a widespread expectation of 100% safe, 100% of the time—to obtain nuclear verdicts. This is not just another “reptile” strategy that preys on their fear...more

Robinson Bradshaw

A Pet Lovers’ Quarrel in the U.S. Supreme Court Could Determine Whether Class Actions Can Be Remanded to State Court

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Two Missouri pets—and what’s in their prescription food—may ultimately determine where and how class actions are litigated. Earlier this month, the U.S. Supreme Court held oral argument in Royal Canin U.S.A., Inc. v....more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules that a name mix-up violates the FDCPA

On October 23, a California Court of Appeal reversed a lower court’s decision granting an anti-SLAPP motion in a case involving a debt collection agency and a consumer. The lower court had granted the debt collection agency’s...more

Bradley Arant Boult Cummings LLP

ASBCA Deems Late-Asserted Jurisdictional Defense Forfeited

In Appeal of – JE Dunn Construction Co., the Armed Services Board of Contract Appeals considered and denied the government’s post-hearing motion to dismiss JE Dunn’s complaint for failure to submit sums certain for each of...more

Katten Muchin Rosenman LLP

Tackling the Unexecuted Damages Model Dilemma When Opposing Class Certification – Ninth Circuit Decision Offers Important Insights

Earlier this year, the Court of Appeals for the Ninth Circuit issued its decision in Lytle v. Nutramax Labs, Inc., finding that a class action plaintiff may rely on a model to demonstrate that damages are susceptible to...more

Schwabe, Williamson & Wyatt PC

Mid-America Milling v. DOT: Legal Implications for the Disadvantaged Business Enterprise ‎Program

In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more

Balch & Bingham LLP

Sackett, One Year Later

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After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more

A&O Shearman

Northern District Of Texas Dismisses Putative Securities Class Action For Failure To Establish Standing

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On October 24, 2024, Judge Jane J. Boyle of the United States District Court for the Northern District of Texas dismissed a putative securities class action alleging that a bond issuer (the “Company”) and certain of its...more

Erise IP

Eye on IPRs, October 2024: USPTO Issues Final PTAB Procedure Rules

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: USPTO Issues Final Rules on PTAB Procedure - The U.S. Patent and...more

A&O Shearman

Southern District Of New York Grants Preliminary Injunction, Pausing Merger Of Luxury Fashion Companies

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On October 24, 2024, Judge Jennifer L. Rochon of the United States District Court for the Southern District of New York granted the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction, thereby preliminarily...more

Kohrman Jackson & Krantz LLP

The Cleveland Browns’ Battle Over Ohio’s Modell Law and Future Stadium Plans

On October 24, 2024, the Cleveland Browns filed a preemptive lawsuit in the United States District Court, Northern District of Ohio, seeking a declaratory judgment to strike down Ohio’s “Modell Law” as unconstitutional. Such...more

Morrison & Foerster LLP

Second Circuit Clarifies the Scope of Common Law Sovereign Immunity in Criminal Actions

On October 22, 2024, the Second Circuit Court of Appeals affirmed the Southern District of New York’s decision denying the motion of Turkiye Halk Bankasi A.S. (“Halkbank”), a commercial bank that is majority owned by the...more

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