News & Analysis as of

Abuse of Discretion

Court Of Appeal Upholds Dismissal Of Purely Foreign Dispute

by Allen Matkins on

Seven years ago, I wrote about California's "million dollar contract" statute - CCP § 410.40. That statute permits any person to maintain an action against a foreign corporation or nonresident person when the action arises...more

The End of the "Deemed Liability" Adjudication in Western Australia

by Jones Day on

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Superior Court of Pennsylvania Rejects Pre-Tincher Product Liability Jury Instruction and Grants Tincher Defendant a New Trial

by White and Williams LLP on

Despite the monumental change in product liability law brought about by the Pennsylvania Supreme Court’s 2014 decision in Tincher v. Omega Flex, many plaintiff attorneys have continued to push judges to give jury instructions...more

Broad Post-Judgment Discovery

Once a creditor has secured a judgment against a debtor, questions may arise regarding which post-judgment discovery methods are available to aid in executing on a judgment. Questions such as whether it is permissible to...more

Executor Can Swing Away at an Omitted Spouse Petition

by Downey Brand LLP on

Born in Fresno, Kirk Kerkorian was an Armenian-American who went on to become a wealthy businessman and philanthropist, known for his role in shaping development in Las Vegas. After Kerkorian died in June 2015 at the age of...more

Court of Appeal dismisses appeal in Property Alliance Group v. RBS

by Dentons on

The Court of Appeal has dismissed the appeal brought by Property Alliance Group Limited (PAG) concerning allegations against The Royal Bank of Scotland plc (RBS) in respect of the sale of interest rate hedging products and...more

Chris Lazarini Provides Insight on "Remmer Hearing" in Juror Influence Allegations

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more

Superior Court of Pennsylvania Reverses Tincher and Rules that Azzarello Jury Instructions Fail to Conform to Applicable Law

by White and Williams LLP on

In 2014, The Supreme Court of Pennsylvania decided Tincher v. Omega Flex and overruled Azzarello. The Tincher court remanded the case for further proceedings to determine whether the defendants should be granted a new trial....more

Second Circuit Upholds Ruling in Munn v. Hotchkiss

by Shipman & Goodwin LLP on

On February 6, 2018, the Second Circuit dismissed the remaining appellate claims in Munn v. Hotchkiss School, the case involving a private school student who contracted tick-borne encephalitis on a school-sponsored trip to...more

ANDA Your Patent is Not Infringed

In Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, [2017-1560] (February 9, 2018), the Federal Circuit affirmed the district court finding that it did not abuse its discretion in denying Merck’s request for...more

Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Proceeding to trial despite a party’s violation of a discovery order...more

Chris Lazarini Analyzes Mandatory Arbitration Rule under FINRA Rule 12200

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which defendant Wilson-Davis, a securities firm, sought to enjoin an arbitration brought against it alleging that the firm's failure to supervise its agent caused...more

Third Circuit Upholds Penalty Imposed on Plan Administrator for Failure to Provide Documents

by Hodgson Russ LLP on

A plan administrator is required by the Employee Retirement Income Security Act of 1974 (ERISA) to disclose certain governing documents and records within 30 days of receiving a written request....more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In the sole precedential patent case decided this week, Flexuspine v. Globus, the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the...more

Toxic Tort Monitor – January 2018

by Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

Case Dismissed For Failure To Produce PMQ

by Low, Ball & Lynch on

Creed-21 v. City of Wildomar - Court of Appeal of the State Of California, Fourth Appellate District, Division Two November 28, 2017 - Walmart wanted to build a store in Wildomar. An alleged non-profit, social advocacy...more

Delaware Supreme Court Reaffirms Importance of Deal Price in Dell Appraisal Reversal

by White & Case LLP on

Reaffirming the importance of deal price in appraisal proceedings involving wellshopped transactions, the Delaware Supreme Court reversed the 2016 Chancery Court decision which held that Michael Dell and Silver Lake Partners...more

RESTARTING THE CLOCK: Court Determines that Prohibition on Competition Under Injunction Commences From Date of Order as Opposed...

by Cohen & Grigsby, P.C on

Resolving a nettlesome issue in restrictive covenant litigation, the Pennsylvania Superior Court recently held that the amount of time a former employee is prohibited from competing with his former employer under an...more

Delaware Supreme Court Clarifies Significance of Deal Price in Appraisal Cases

• For the second time in 2017, the Delaware Supreme Court reversed a Chancery Court’s decision to assign little or no weight to deal price in appraisal cases • In both cases, the court remained firm in its decision not to...more

Delaware Supreme Court Reverses Court of Chancery’s Dell Appraisal Decision; Suggests that Deal Price Was the Best Evidence of the...

by Ropes & Gray LLP on

In Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd., et al., the Delaware Supreme Court reversed and remanded the Court of Chancery’s valuation of Dell in an appraisal case arising from the 2013 management buyout...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

Intervening Rights Apply When There Is a Product that Infringes the Original Claim that Does Not Infringe the Amended Claim

In Presidio Components, Inc. v. American Technical Ceramics Corp. [2016-2607, 2016-2650] (November 21, 2017), the Federal Circuit affirmed the district court’s holdings that the claims are not indefinite and that American...more

Alleging and Proving Standing to Challenge Rezoning

by Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

by Jaburg Wilk on

The Facts - In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more

Chris Lazarini Discusses Pro Rata Distribution of Assets in Receiver Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the repercussions of the multi-billion dollar Ponzi scheme of Thomas Petters related to the management of the Stewardship Credit Arbitrage Fund, LLC...more

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