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Civil Procedure Updates

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

The Courts Strike Down Oilfield Contractor Penalty Liabilities

by Blank Rome LLP on

On December 18, 2017, the U.S. Court of Appeals for the Fifth Circuit dismissed the U.S. government’s appeal regarding a Bureau of Safety and Environmental Enforcement (“BSEE”) Notification of Incident of Noncompliance...more

U.S. Supreme Court To Review Ex-CEO's Appeal Regarding Restitution Of Legal Fees Associated With An Internal Investigation

by Shearman & Sterling LLP on

On January 12, 2018, the Supreme Court granted certiorari to hear an appeal from a two-judge, Fifth Circuit panel decision regarding whether federal law permits restitution orders in criminal cases to cover the costs of...more

Second Circuit Holds §3420(d) Inapplicable to Denial of Coverage

In its recent decision in Citizens Ins. Co. of Am. v. Risen Foods, LLC, 2018 U.S. App. LEXIS 1371 (2d Cir. Jan. 22, 2018), the United States Court of Appeals for the Second Circuit had occasion to consider the scope of New...more

LegalTech 2018 Starts in a Week!: eDiscovery Trends

by CloudNine on

While “Legalweek”, starts next Monday, LegalTech New York 2018, starts next Tuesday, January 30 and concludes on Thursday, February 1. For us at eDiscovery Daily, it’s our eighth year in a row covering the show and we’ll be...more

Free Stream Media Corp. v. Alphonso Inc. (N.D. Cal. 2018)

Claims Directed to Television Survive Abstract Idea Challenge - In a recent decision from the U.S. District Court Northern District of California, involving Free Stream Media Corp. v. Alphonso Inc., claims of a television...more

Pennsylvania Risperdal Decision Doesn’t Go As Far As Plaintiffs Suggest

by Reed Smith on

While the recent Pennsylvania Superior Court Risperdal decision is not a defense victory, it is certainly not as favorable for plaintiffs as they are making it out to be. While several issues were presented for appeal in...more

SCOTUS Ruling Helps Plaintiffs Get Second Bite At The Apple Through Supplemental State Claims

by Fisher Phillips on

In a 5 to 4 decision, the U.S. Supreme Court ruled today that any statute of limitations applicable to an employee’s state law claims are suspended during the pendency of a federal lawsuit in which the state law claims are...more

Clashing Marijuana Laws Create Insurer Anxiety

by Zelle LLP on

As the majority of U.S. states move toward various degrees of legalization, marijuana remains illegal at the federal level. This dichotomy challenges courts to evaluate the validity of contracts, including insurance policies,...more

I'm sorry I haven't a CLU – swaps claim relating to bank's failure to disclose internal credit provision is dismissed – London...

by Dentons on

In a robust judgment, Mrs Justice Rose (the Judge) has dismissed claims for negligence and misrepresentation in relation to two interest rate hedging products (the HPs) sold to the claimant (LEA). The judgment contains a...more

It’s Better to Be the Plaintiff Than the Defendant in Massachusetts Superfund Cases

In the early days of Superfund, defense lawyers used to joke that all government lawyers had the same oral argument script. It was three sentences long....more

Can't This Just Be Over? Standing In Cybersecurity Claims

by Murtha Cullina on

In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach is enough to satisfy the "injury in fact" standing requirement. Attias v....more

Ninth Circuit Affirms Order Rejecting First Amendment Challenge To Motion To Compel Arbitration

by Carlton Fields on

Consumers filed a putative class action alleging statutory and common law consumer protection and false advertising claims under California and Alabama law, specifically alleging that AT&T falsely advertised their mobile...more

The Supreme Court Sends WOTUS Rule Challenges to the District Courts — It’s Good to Be King

On January 22,2018, the Supreme Court ruled that challenges to the WOTUS Rule must be heard in the district courts. At a certain level, the decision was easy and obvious – as evidenced by the absence of any dissent. ...more

Nationwide and Multi-State Class Actions Likely Limited by Bristol-Myers Squibb Decision

In Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), the U.S. Supreme Court held that the California state courts lacked personal jurisdiction over claims made by out-of-state plaintiffs in a mass action,...more

Federal Judge Refuses To Close Courtroom During Trade Secret Trial Between Silicon Valley Titans

by Ballard Spahr LLP on

In a closely watched trial in which Waymo LLC—a subsidiary of Google’s parent company, Alphabet—has sued Uber for theft of trade secrets, a California federal judge has denied Waymo's motion to close the courtroom to the...more

When Scientists Sue

by LeClairRyan on

Mark Jacobson, who alleges that he is a “renowned scientist,” along with three co-authors, publishes a paper in the Proceedings of the National Academy of Sciences journal. The Jacobson paper posits that a large-scale US...more

Setting aside an SOP Act adjudication determination: The right of all parties to be heard

by Dentons on

The Building and Construction Industry Security of Payment Act (Cap 30B) (SOP Act) gives parties in Singapore a way to quickly resolve construction payment disputes on a “temporary finality” basis with the right to fully and...more

Michigan Supreme Court Holds That a Plaintiff is Not Permitted to Request a Change of Venue

by Dickinson Wright on

When venue of a civil action is improper, Michigan Court Rule 2.223(A) provides that the court “shall” order a change of venue “on timely motion of a defendant,” or that it “may” order a change of venue “on its own initiative...more

Work schedule conflict leads to religious accommodation lawsuit

by McAfee & Taft on

A recent decision by the U.S. Tenth Circuit Court of Appeals (the jurisdiction that covers Oklahoma federal courts) provides another reminder that religious accommodations come in all shapes and sizes, and that proving “undue...more

The Supreme Court - January 23, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday: National Assn. of Mfrs. v. Department of Defense, No. 16-299: In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Spokeo Seeks Supreme Court Round II

by Carlton Fields on

The Spokeo standing saga, which began in 2010, continues with a second cert petition to the Supreme Court. The case began when plaintiff filed a putative class action, alleging that defendant Spokeo violated the Fair Credit...more

Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

Remember when Maria sang “Let’s start at the very beginning, it’s a very good place to start”? Well, that seems to be what federal circuit courts are doing with their arbitration decisions recently. This post will run...more

DACA Renewals in the Wake of the Federal Court Preliminary Injunction

by Wilson Elser on

Deferred Action for Childhood Arrivals (DACA) allows prosecutorial discretion to defer a deportation action of undocumented individuals brought to the United States as children. While it does not confer legal status and may...more

Allergan Sales, LLC v. Sandoz. Inc.

by Robins Kaplan LLP on

Case Name: Allergan Sales, LLC v. Sandoz. Inc., Nos. 2017-1499, 2017-1500, 2017-1558, 2017-1559, 2017 U.S. App. LEXIS 26312 (Fed. Cir. Dec. 22, 2017) (Circuit Judges Moore, Mayer, and Hughes presiding; Opinion by Hughes, J.)...more

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