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McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Reply to ToolGen Opposition to Broad's Contingent Preliminary Motion No. 2

On May 28th, Junior Party the Broad Institute, Harvard University and MIT (collectively, "Broad") filed its Preliminary Motion No. 2 in CRISPR Interference No. 106,126 (where ToolGen is the Senior Party), contingent on the...more

Morris James LLP

Chancery Denies Motion to Dismiss, Awaits Development of Factual Record to Rule on Laches Defense

Morris James LLP on

Kim v. Coupang, LLC, C.A. No. 2020-0772-JRS (Del. Ch. Aug. 19, 2021) - If a court can rule on the affirmative defense of laches on the face of a complaint, it may grant a motion to dismiss. As this case illustrates,...more

Ballard Spahr LLP

No further Supreme Court review to be sought by Seila Law

Ballard Spahr LLP on

Seila Law has sent a letter advising the Ninth Circuit that it will not seek further review from the U.S. Supreme Court....more

Quinn Emanuel Urquhart & Sullivan, LLP

Asia-Pacific Litigation Update – October 2021

‘Shifting Sands’: Adopting Contingency Fees in Australian Class Actions - Introduction - Unlike the United States, Australia has historically prohibited (and for the most part, continues to prohibit) contingency fees...more

Thompson Coburn LLP

Missouri real estate dispute spotlights the limits of oft-used contract phrase

Thompson Coburn LLP on

Unhappy real estate buyers often claim the tort theory of fraudulent nondisclosure where the property and/or improvements are not what the buyer expected. Missouri law has long recognized that a buyer of real estate may...more

Locke Lord LLP

Colorable Entitlement: Third District of Florida Confirms That an Evidentiary Hearing Is Not Required to Deny a Motion to Vacate...

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On September 15, 2021, Locke Lord obtained an opinion in Florida’s Third District Court of Appeal ‎matter affirming the denial of a motion to vacate a final judgment of foreclosure. In affirming the ‎denial, the Third...more

Morris James LLP

Chancery Declines to Dismiss Narrow Claims Relating to Entity’s Dissolution In Favor of Pending Related Action

Morris James LLP on

Hawkins v. Daniel, C.A. No. 2021-0453-JTL (Del. Ch. Aug. 24, 2021) - The Delaware courts utilize several doctrines to address motions to dismiss or stay in favor of related litigation, including McWane and Cryo-Maid, all...more

Knobbe Martens

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

Knobbe Martens on

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll.  Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

Downey Brand LLP on

The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

Clark Hill PLC

The CH Trade Secrets Review, 2021 - Pleading Standards

Clark Hill PLC on

A review of significant developments, cases, and verdicts throughout the United States in 2021 in trade secrets law - The outset of a case poses a special challenge to a plaintiff asserting misappropriation of trade secrets....more

Carlton Fields

Florida’s “Totality of Circumstances” Bad Faith Analysis Should Consider Claimant’s Actions as a “Factor” but Not a “Focus”

Carlton Fields on

A recent decision of the Eleventh Circuit Court of Appeals limits the Florida Supreme Court’s approach to evaluating whether an insurer committed bad faith in handling a claim against its insured....more

Bryan Cave Leighton Paisner

Uncontroverted expert evidence: what is the court’s role?

What is the role of the court where expert evidence is “uncontroverted”, but appears not to prove the claimant’s case to the requisite standard? The Court of Appeal had to contend with that issue recently in Griffiths v TUI,...more

Hinshaw & Culbertson - Lawyers for the...

Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law

On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...more

Orrick, Herrington & Sutcliffe LLP

Scanning the Class and Collective Action Horizon

While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more

Harris Beach PLLC

Registration As A Foreign Corporation Is Not Consent To General Jurisdiction in New York

Harris Beach PLLC on

Under New York’s Business Corporation Law, a foreign corporation pursuing authorization to conduct business in New York is required to register with New York’s Secretary of State and designate an agent for service of process...more

Seyfarth Shaw LLP

Third Circuit Puts The Kibosh on Hybrid Hijinks

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA. In that...more

Fox Rothschild LLP

Supreme Court Adopts New Appellate Rules Amendments: Mandatory E-filing, Records on Appeals, and Motions . . . Oh My!

Fox Rothschild LLP on

On Wednesday, October 13, the Supreme Court of North Carolina issued new amendments to the North Carolina Rules of Appellate Procedure. The key changes, which apply to notices of appeal filed on or after 1 January 2022, are...more

Locke Lord LLP

Delaware Clarifies Its Rules Governing Stockholder Derivative Actions

Locke Lord LLP on

Derivative actions play an important role in policing corporate insider conduct and compliance by directors and controlling stockholders with their fiduciary duties. A derivative action enables a stockholder, upon...more

Faegre Drinker Biddle & Reath LLP

This Month in Snap Removal: The District of Nevada Muddies Its Snap Removal Waters and Throws Proponents a Life Preserver

Faegre Drinker’s snap removal team continuously monitors snap removal updates across the country (for a basic explanation of snap removal and previous updates, see Faegre Drinker’s prior posts...; for a breakdown on how each...more

Holland & Hart - Persuasion Strategies

(Sometimes) Reinforce a Higher Threshold for Cause Challenges

As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against...more

Goodwin

ERISA Litigation Update - October 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

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Thompson Coburn LLP

The evolving standing doctrine in privacy litigation - Ramirez and beyond

Thompson Coburn LLP on

The U.S. Supreme Court’s 5-4 decision in TransUnion LLC v. Ramirez may make the road to privacy class actions harder. But recent decisions in the wake of Ramirez suggest the full impact of the decision remains to be seen....more

Knobbe Martens

Prosecution History Disclaimer and Estoppel Lead To Noninfringement

Knobbe Martens on

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: An applicant’s arguments distinguishing prior art during patent...more

Farrell Fritz, P.C.

The Dynamic Duo of Proportionality and Reasonableness: Another New Proposal From the Commercial Division Advisory Council

Farrell Fritz, P.C. on

As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of...more

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Updated: Apr 27, 2021:

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Information for EU and Swiss Residents

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

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

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Changes in Our Privacy Policy

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Contacting JD Supra

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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

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