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Civil Procedure Updates

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

Your International Deposition Checklist (Updated 2017)

by Planet Depos, LLC on

For paralegals and their attorneys, a checklist for international depositions is an especially useful tool, as for many, international depositions are not an everyday occurrence. The checklist helps keep the scheduling...more

New York Court Rejects Insurer’s Defenses to Coverage for Asbestos Claims Arising Out of the Construction of the Original World...

by K&L Gates LLP on

On November 29, 2017, the New York Supreme Court issued an important ruling benefiting policyholders seeking insurance coverage for toxic tort claims. In American Home Assurance Company v. Port Authority of New York & New...more

Court Of Chancery Expands MFW To Recapitalization

by Morris James LLP on

IRA Trust FBO Bobbie Ahmed v. Crane, C.A.. 12742-CB (December 11, 2017) - This is an important decision because it extends the holding of MFW to a stock reclassification. Under the 6-part test of MFW, the business judgment...more

Court Of Chancery Enforces Oral Agreement To Add Directors

by Morris James LLP on

Sarissa Capital Domestic Fund LP v. Innoviva Inc., C.A. 2017-0309-JRS (December 8, 2017) - This is a great explanation of when a director is authorized to enter into an oral agreement that is enforceable, here to add two...more

Court Of Chancery Explains Conspiracy Jurisdiction

by Morris James LLP on

Perry v. Neupert, C.A. 2017-0290-VCL (December 6, 2017) - The conspiracy theory of jurisdiction developed in the Istituto Bancario decision is often misunderstood, for good reasons....more

Court Awards Summary Judgment on Prior Knowledge Limitation of Professional Liability Policy

In Admiral Ins. Co. v. Superior Court (No. D072267, filed 11/21/17, ord. pub. 12/12/17), a California appeals court held that an application question about prior knowledge of facts that could give rise to a “malpractice...more

Ascertainability in 2017

by McGuireWoods LLP on

2017 was an unusually eventful year for lawyers who track the ascertainability requirement, which had, for the last five or so years, become a staple argument for class action defendants. Here are the top issues that class...more

Failure To Award Nominal Sanction Under Texas Citizens Participation Act Is Not Reversible Error

On November 22, the Texas Court of Appeals, sitting in Fort Worth, decided a case involving mandatory sanctions awarded under the Texas Citizens Participation Act (TCPA). In Rich v. Range Resources Corporation, et al., the...more

Certificate Of Merit Not Required In Litigation Seeking Damages Where No Licensed Or Registered Professionals Identified

In the case of CH2M Hill Engineers, Inc. v. Springer, et al., the Court of Appeals of Texas, Ninth District, sitting in Beaumont, decided an interlocutory appeals brought by the Appellant CH2M Hill Engineers, Inc. The Court...more

The U.S. Supreme Court Grants Class Defendants’ Petition For Certiorari In Ninth Circuit American Pipe Tolling Case (Resh V. China...

As we discussed at length last June [Ninth Circuit extends tolling doctrine to allow successive class actions, subject only to preclusion and “comity” defenses], the Ninth Circuit in Resh v. China Agritech, Inc., 857 F.3d...more

Court Of Chancery Denies Receivership Petition For Failure To Prove Insolvency

by Morris James LLP on

In re: Geneius Biotechnology Inc., C.A. 2017-0297-TMR (December 8, 2017) - This decision explains what is needed to prove a corporation is insolvent so that a receiver should be appointed for it....more

Does the Work Product Doctrine Protect the Identity of Witnesses a Lawyer Chooses to Interview?

by McGuireWoods LLP on

Litigants obviously must identify all witnesses with potentially relevant knowledge about litigated issues. But can litigants claim work product protection for the identity of the subset of those witnesses that their lawyers...more

Court Holds That Lender Did Not Have Standing To Sue An Estate For A Deficiency After Electing That Its Claim Is A Preferred Debt...

by Winstead PC on

In In re Estate of Chapman, Peoples Bank (the Bank) conducted a non-judicial foreclosure sale of secured real estate owned by an estate and then sued the administrator of the estate in district court due to a deficiency...more

Judge Gilstrap Issues Venue-Based Dismissal Based on Recent Federal Circuit Precedent

by Orrick - IP Landscape on

Decision Granting Dismissal of Complaint for Improper Venue, Uniloc USA, Inc. et al. v. Nutanix, Inc., Case No. 2:17-cv-00174, E.D. Tex. (December 6, 2017) (Judge Rodney Gilstrap) - On the heels of the Federal Circuit’s...more

Say My Name, Say My Name: Appealing Neighbors Must Name the Permit Applicant

by Womble Bond Dickinson on

A partner of mine in New York used to say, “Few things can’t be undone in litigation.” I didn’t agree. A recently-decided case, following on less-recently-decided authority, from the North Carolina Court of Appeals reveals...more

Injunction Against Berkshire Museum Sale Is Extended

by Sullivan & Worcester on

The Single Justice of the Massachusetts Appeals Court (Joseph A. Trainor) has extended the injunction against the Berkshire Museum's proposed sale of 40 works of art in its collection until at least January 29, 2018. In its...more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee’s Wage And Hour Claims

by Carlton Fields on

As a condition of plaintiff Ouadani’s employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate with Dynamex’s vendor, Birtha Shipping...more

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

by Shook, Hardy & Bacon L.L.P. on

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

Court Of Chancery Explains Basis For Inspection Of Alleged Wrongdoing

by Morris James LLP on

Silverberg v. ATC Healthcare Inc., C.A. 2017-0242-JRS (December 5, 2017) - While the standard to win the right to inspect corporate records to investigate alleged wrongdoing is a lenient one, it is still not enough to just...more

Refusal By Employer To Remove Letter Of Reprimand From Employee’s Personnel File Creates Viable Claim For Retaliation

by Jackson Lewis P.C. on

In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity...more

Superior Court Explains When Fraud Claims May be Brought

by Morris James LLP on

Novipax Holdings LLC v. Sealed Air Corporation, No. N17C-03-1682 (November 28, 2017) - This is an interesting decision because it explains: (1) when a fraud claim may be brought despite anti-reliance provisions in a...more

Extension of Common Law Rule Against Set Off From Freight to Air Freight

by Reed Smith on

The London Circuit Commercial Court has held that the well established common law rule in shipping law that “a claim in respect of cargo cannot be asserted by way of a deduction from freight” extends to air freight. In...more

Superior Court Rules When Fees Recoverable

by Morris James LLP on

Clean Harbors Inc. v. Union Pacific Corporation, No. N15C-07-081 MMJ CCLD (Nov. 15, 2017) - When an obligation to indemnify includes the fees incurred in the underlying litigation is a surprisingly frequent question....more

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

by Robins Kaplan LLP on

On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

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