News & Analysis as of

Compulsory Claims

McDermott Will & Emery

Noncompulsory Counterclaims Don’t Confer Appellate Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit determined that it does not have appellate jurisdiction to review noncompulsory patent counterclaims in a case otherwise unrelated to the originally asserted patents. Teradata...more

Fox Rothschild LLP

Why Do Judges Keep Wrongly Denying Cohabitation Motions

Fox Rothschild LLP on

For decades, cohabitation was grounds to at least get a review of alimony. When the alimony statute was amended in 2014, almost 8 years ago, the revisions made it easier for alimony payors to get out from under their alimony...more

Bradley Arant Boult Cummings LLP

South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation

In a ruling that will provide guidance on when lenders must raise a foreclosure counterclaim in a borrower lawsuit, the South Carolina Court of Appeals in Deutsche Bank National Trust Company v. Estate of Patricia Ann Owens...more

BCLP

Periodic Tenancies and Proprietary Estoppel: Not all smoke and mirrors

BCLP on

In Smoke Club Ltd and others v Network Rail Infrastructure Limited, the Upper Tribunal held that the claimants had an inferred periodic tenancy but no claim under proprietary estoppel. A lease of any kind was never agreed....more

McGlinchey Stafford

Is my interest in a deed subject to the Stranger Rule?

McGlinchey Stafford on

The Bullet Point: An Ohio Commercial Law Bulletin Is my interest in a deed subject to the Stranger Rule? October 15, 2020 Compulsory Counterclaims to foreclosure Helfinstine v. Wells Fargo Bank, NA, 9th Dist. Summit...more

Jones Day

Compulsion of Employee Evidence That May Incriminate Corporate Employers: The High Court Deliberates

Jones Day on

The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more

Husch Blackwell LLP

Compulsory Arbitration Update

Husch Blackwell LLP on

On May 16, 2018, we blogged about California’s compulsory arbitration requirements for unionized agricultural workers, the California Supreme Court’s rejection of constitutional challenges to that statute, and the petition...more

Farrell Fritz, P.C.

You Dissented From a Merger. Are You Bound by Your Non-Compete?

Farrell Fritz, P.C. on

New York’s business-entity statutes, like those across the nation, provide minority owners with the right to dissent from a merger and to be paid the fair value of the dissenter’s ownership interest. Now assume the dissenter...more

Proskauer - Minding Your Business

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

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