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Civil Procedure Updates

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

DOJ responds to English’s emergency motion for expedited appeal

by Ballard Spahr LLP on

The DOJ has filed a response to the emergency motion filed by Leandra English with the U.S. Court of Appeals for the D. C. Circuit requesting expedited briefing and oral argument in her appeal from the district court’s denial...more

3rd Circuit Holds Delaware Tolling Statute Does Not Apply to Out-of-State Resident Subject to Service of Process

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Third Circuit recently held that under Delaware law, a debtor’s out-of-state residency alone did not toll the Delaware statute of limitations. The Third Circuit overturned the U.S. District...more

Court Orders TAR E-Discovery Software With Validation Set

by Zapproved LLC on

Winfield v. City of New York No. 15-CV-05236 (LTS) (KHP) (S.D.N.Y. Nov. 27, 2017). In this case alleging that New York City’s affordable housing program has a disparate impact on racial minorities, the plaintiffs...more

Impact of Surveys and Affirmative Defenses on Class Certification Motion Addressed By California Court of Appeal

In a long-running employment class action in California, a California Court of Appeal recently addressed once again the use of surveys of class members....more

UPDATE: Ohio’s Tenth District Follows Federal Precedent Finding No Standing for Technical Violations of the FCRA’s Disclosure...

by Reminger Co., LPA on

In December 2017, Ohio’s Tenth District Court of Appeals upheld a Court of Claims decision dismissing FCRA claims for lack of standing. See Smith v. Ohio State Univ., 10th Dist. Franklin No. 17AP-218, 2017-Ohio-8836. This is...more

The Federal Arbitration Act Does Not Grant Arbitrators The Power To Compel Pre-Hearing Production Of Documents From Non-Parties

by Carlton Fields on

While the FAA grants arbitrators authority to compel non-parties to appear before them and produce documents at a hearing, it does not authorize them to compel pre-hearing production. The Ninth Circuit Court of Appeals joined...more

A closer look at the Judicial Tribunal and its Key Decisions of 2017

by Hogan Lovells on

Since this landmark decision, a number of decisions were made by the JT in 2017 and a definite jurisprudence has emerged. • the JT's decisions giving guidance as to what is a "conflict of jurisdiction";...more

Claims Against Sanofi for Improper Orange Book Listings and Sham Litigation Dismissed

On January 10, 2018, in In re Lantus Direct Purchaser Antitrust Litig., the District Court for the District of Massachusetts dismissed the antitrust case against Sanofi-Aventis U.S. LLC (“Sanofi”), the manufacturer of Lantus...more

Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law

by Farrell Fritz, P.C. on

As LLCs have become the dominant form of closely-held business in New York, cases involving dissolution of partnerships have become more and more rare. Section 63 of the Partnership Law is the statute governing judicial...more

Court Held That Power-Of-Attorney Holder Was Not Authorized To Name Himself As A Beneficiary Of The Principal’s Insurance Policy,...

by Winstead PC on

In Transamerica Life Ins. Co. v. Quarm, Thomas Quarm obtained a life insurance policy and designated his mother as his beneficiary and his brother, Nicholas, as the alternate beneficiary. No. EP-16-CV-295-KC, 2017 U.S. Dist....more

We don’t know where we stand – three recent takes on injunctive relief standing in the Ninth Circuit

Takeaway: “Most courts to have considered the issue agree . . . that consumer plaintiffs cannot pursue injunctive relief if they are already aware of the alleged deceptive practice.” Ulrich v. Probalance, Inc., No. 16 C...more

Littler Global Guide - United Kingdom - Q4 2017

by Littler on

Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more

Court Reverses Jury Verdict And Holds That Trustor Could Not Revoke Trust

by Winstead PC on

In Coyle v. Jones, two sisters fought over the whether $197,000 belonged to their mother’s estate or to a trust. No. 05-16-00876-CV, 2017 Tex. App. LEXIS 11173 (Tex. App.—Dallas November 30, 2017, no pet. history). ...more

Montreal Convention Statute of Limitations Does Not Apply to Contributions Claims, S.D.N.Y. Holds

by Benesch on

In AGCS Marine Ins. Co. v. Geodis Calberson Hungaria Logisztikai KFT, No. 16-CV-9710 (S.D. N.Y. 2017), the Southern District of New York recently held that a contracting carrier’s claims for contribution and indemnification...more

What’s In a “Wage”? Ninth Circuit Seeks Clarification from California Supreme Court

California has some of the most employee-friendly laws in the country, many of which turn on whether the allegedly wronged employee is seeking to recover “wages” due. The Ninth Circuit Court of Appeals recently asked the...more

Judge Andrews Issues Markman Ruling In Infringement Action Construing Eight (8) Disputed Terms In Patents-In-Suit

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Acceleration Bay LLC v. Activision Blizzard, Inc., Civil Action No. 16-453-RGA (D.Del. January 17, 2018) (consolidated), the Court rendered its Markman...more

Illinois Appellate Court Employs Spokeo-type Reasoning to Hold Biometric Data Class Action Should be Dismissed for Lack of Actual...

The desire to avoid Spokeo’s standing requirements constitutes yet another reason for class action plaintiff’s counsel to seek to litigate in state courts, as state courts may not require a Spokeo injury-in-fact test to...more

Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His...

by Jackson Lewis P.C. on

In Bustos v. Global P.E.T., Inc., (E065869, Cal. Ct. App. January 16, 2018), Plaintiff William Bustos and a number of his co-workers were terminated by Global in an economic layoff. Bustos sued Global alleging his...more

Court Says Don’t Cry Over Steamed Milk

by Reed Smith on

A federal court granted Starbucks’ motion for summary judgment in a putative class action in which plaintiffs alleged Starbucks underfills lattes and mochas. The plaintiffs alleged that the underfilling of Starbucks drinks...more

How Simon Finally Stopped Retail Stores from Closing

by Arnall Golden Gregory LLP on

A major retail landlord recently won a case that is reverberating throughout the retail industry. An Indiana Superior Court Judge has granted Simon Property Group’s (“Simon’s”) request to enjoin Starbucks from closing 77 of...more

Washington Supreme Court Upholds Rule That Property Owner and General Contractor Are Not Indispensable Parties in a Lien...

by Lane Powell PC on

On January 18, 2018, the Washington Supreme Court has clarified any misunderstanding about the necessary parties in a mechanic’s lien foreclosure action when a lien release bond has been posted. In Inland Empire Dry Wall...more

California Supreme Court Affirms SB800 as Sole Remedy for Construction Defect Claims without Personal Injury

by Allen Matkins on

On January 18, 2018, the California Supreme Court affirmed an earlier appellate court decision holding that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the "virtually exclusive remedy"...more

Thoughts From the BAP on How to (re)Define an “Executory Contract”

Making a quiet entrance into the public realm during the final week of last year, a new opinion from the United States Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) suggests that it is time to revisit the...more

More Aqua Products Fallout -- Taiwan Semiconductor Manufacturing Co. v. Godo Kaisha IP Bridge

In November, Chief Judge David P. Ruschke of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board issued a memorandum entitled "Guidance on Motions to Amend in view of Aqua Products" (see "PTAB Motions to...more

Consumer Class Actions Take a Hit: Court Holds Made-For-Outlet Products Not Deceptive

by Bryan Cave on

In the face of a growing number of lawsuits against retailers for deceptive sales, advertising and pricing practices, a California court recently affirmed dismissal of a consumer’s false advertising lawsuit against The Gap,...more

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