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US District Judge Engelmayer, from the Southern District of New York, put on a bit of a clinic last week when ruling on an attorney fee application in J.G. v. New York City Department of Education. The plaintiff’s law firm...more
Having heard good things about it for years, last month I finally got around to reading Dr. Atul Gawande’s book, The Checklist Manifesto, and have begun to give some thought regarding its application to class action practice....more
Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more
The law clerks of the U.S. Court of Appeals for the Seventh Circuit might be excused for thinking of the court’s recent decision in Cooke v. Jackson National Life Insurance Co., No. 17-2080 (7th Cir. Feb. 9, 2018), as the one...more
By its recent decision in In re Horne, 876 F.3d 1076 (11th Cir. 2017), the United States Court of Appeals for the Eleventh Circuit broadened the scope of attorney’s fees that are recoverable pursuant to section 362(k) of the...more
Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more
This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more
In addition to it taking a swipe at class actions, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 (the “Fairness in Class Action Act”), would lead to multi-district litigation...more
On February 10, 2017, an Illinois federal judge determined that R-Boc Representatives violated an injunction issued following a jury trial on their alleged patent infringement. In a unique opinion replete with quotations...more
House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more
The Beijing IP Court recently made headlines by granting a record amount of damages for patent infringement -no less than RMB 49 million (USD7.15m)-, one of the highest amounts since the court was established in November...more
Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more
In the immortal words of the most recent Nobel Laureate in literature, “the times they are a changin.’” Section 35(a) of the Lanham Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to...more
A few weeks ago, the Duke Law Center for Judicial Studies held a conference on class action settlements in San Diego, to discuss best practices in the wake of the likely Rule 23 amendments. Like all of its conferences, this...more
Legendary rockers Jimmy Page and Robert Plant are probably still flying high over their defense verdict earlier this summer in the “Stairway to Heaven” copyright infringement trial. They may be slightly coming down, though,...more
Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more
Estate professionals are under continued scrutiny. Unlike other professionals, getting paid is not simply a matter of sending a bill. The bankruptcy court, appropriately so, closely oversees the amount and timing of payment...more
Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more
Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more
Lawyers are aware of the increasing sensitivity—and hostility—of clients to block-billing: lumping more than one activity into a single time entry. A new Fifth Circuit decision shows that courts can be equally sensitive—and...more
The due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is...more
Non-practicing entity (“NPE”) plaintiffs beware and NPE defendants be delighted: sanctions for objectively unreasonable claims and conduct are alive and well. Defendants in NPE litigations, particularly in the Eastern...more
Looking Forward - The last few years have been active for class actions in Canada, and the activity did not slow down in 2015. This past year, Bennett Jones was involved with some of the most important class...more
Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be awarded upon dismissal, the U.S. Court of Appeals for the Eighth Circuit...more
EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more