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Civil Procedure General Business

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

Can Insurance Appraisers Favor and Advocate For The Party That Selected Them?

by Cozen O'Connor on

This is a question the Colorado Supreme Court is set to resolve after recently granting Owners Insurance Company’s petition for writ of certiorari in Owners Insurance Company v. Dakota Station II Condominium Association,...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending March 9 & 16, 2018

by Carlton Fields on

REAL PROPERTY UPDATE - Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes,...more

Colorado Royalty Litigation: Exhaustion of Administrative Remedies Before the Colorado Oil and Gas Conservation Commission

by BakerHostetler on

Few areas of the law have seen such substantial evolution in a three-year span as Colorado case law on oil and gas royalty litigation. Since 2015, 13 Colorado state district court opinions have required royalty plaintiffs...more

Naked Juice Urges California Court to Defer to FDA on Use of “No Sugar Added”

by Reed Smith on

Naked Juice, which is owned by PepsiCo (“Naked”), filed a Motion for Summary Judgment in a pair of class action lawsuits that claim its “No Sugar Added” labels on coconut water and orange juice are misleading and deceptive....more

Malaysia case provides guidance on franchise law

by Dentons on

A recent interlocutory case in Malaysia, (the “La Kaffa decision”) has provided some helpful guidance on when an interlocutory injunction will be granted to restrain a franchisee from operating a competing business after...more

The Attorney-Client Privilege When Non-Party Experts Are Part of the Communications

by Burns & Levinson LLP on

It is not unusual for business people and/or in-house counsel to consult with accountants or other non-party experts when contemplating a potential business transaction. As the defendants in The C Company, Inc. v. Hackel...more

Supreme Court Affirms State Courts’ Jurisdiction Over 1933 Act Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a much-awaited decision on which courts and counsel have reached different conclusions for years, the United States Supreme Court held on March 20, 2018 that the Securities Litigation Uniform Standards...more

Best in Law: Tips to Keep Client-Attorney Communications Confidential

by Best Best & Krieger LLP on

Most people have heard of the “attorney-client privileged communication” and may even have a fair idea of what that means. But a lack of understanding about how it works can lead to errors that can render the communication no...more

Arkansas Legislature Prescribes Contractual Waiver of Jury Trial in Lending Agreements

In late 2017, the Arkansas Supreme Court held that pre-dispute jury trial waivers in loan agreements are unenforceable as per the Arkansas Constitution. The Court provided that, according to the state’s Constitution, the...more

Fourth Circuit Rejects Vicarious Liability Theory Under the TCPA

by Locke Lord LLP on

The Fourth Circuit dealt another blow to plaintiffs trying to drum up vicarious liability under the Telephone Consumer Protection Act (“TCPA”). See Hogdin v. UTC Fire & Sec. Americas Corp. Inc., 2018 WL 1308605 (4th Cir. Mar....more

In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here...more

California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law

by White and Williams LLP on

On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to claims for coverage for an underlying mesothelioma wrongful...more

Does The California Department Of Alcoholic Beverage Control Have Exclusive Jurisdiction Over All Disputes Involving The Sale Of...

by Mulcahy LLP on

The Department of Alcoholic Beverage Control has the “exclusive power […] to license the manufacture, importation and sale of alcoholic beverages in this State.” The law expressly prohibits California trial courts from...more

Have Christian Louboutin’s exclusive rights to red soles really been “kicked out” as some reports claim?

by Hogan Lovells on

The long-awaited Advocate General’s second opinion in Louboutin (C 163/16) was delivered in February. In a nutshell, Christian Louboutin sued Van Haren Schoenen BV for trade mark infringement in the Netherlands of its Benelux...more

Contractor Licensing Requirements: Ignore at Your Peril

On March 9, 2018, the Georgia Court of Appeals reaffirmed the applicability of Georgia’s contractor licensing requirements (Ga. Code, Title 43, Ch. 41) to residential and general contractors. In Baja Properties, LLC v....more

CA Court of Appeal Confirms Narrow Construction for Anti-SLAPP Commercial Speech Exemption

A recent California Court of Appeal decision highlights the narrow construction given to the commercial speech exemption of California’s anti-SLAPP statute, and the burden on plaintiffs opposing an anti-SLAPP motion on the...more

Top Ten International Anti-Corruption Developments for February 2018

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The European Commission has drafted a new set of digital taxes as an answer to last year’s US tax overhaul that imposed a new minimum tax on the overseas efforts of companies with US operations. The EU’s plan would require...more

The Green Elephant In The Room: In Re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018)

by Fox Rothschild LLP on

Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018), the Bankruptcy Appellate Panel for the Ninth...more

Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

by Carlton Fields on

The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more

Corporation Denied Motion to Enjoin Arbitration against its Alleged Alter Ego

In Royal Wine Corp. v. Cognac Ferrand SAS, Justice Andrea Masley of the Commercial Division denied Plaintiff Royal Wine Corporation’s (“Royal”) motion for a preliminary injunction to enjoin arbitration that defendant Cognac...more

Bankruptcy Remoteness Going to a Court of Appeals (Progress Report No. 1)

Our February 22 post reported that the Franchise Services of North America, Inc. decision of Bankruptcy Judge Edward Ellington of the Southern District of Mississippi dismissing a Chapter 11 petition because a holder of...more

Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall Ruling

by Perkins Coie on

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018). The...more

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

by Holland & Knight LLP on

In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from...more

ATDS, WTF? The DC Circuit Dismantles the FCC’s 2015 TCPA Order

by Benesch on

Following the FCC’s 2015 Telephone Consumer Protection Act Omnibus Order, following ten consolidated appeals of the Order filed shortly thereafter, and following an oral argument in 2016, on March 16, 2018 the DC Circuit...more

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