3 Proven Strategies for Dealing with a Midland Funding Lawsuit
The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more
A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more
Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year...more
In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more
In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more
The US Court of Appeals for the Eleventh Circuit reversed a default judgment and monetary award in favor of the plaintiff, which was issued in a case where the plaintiff filed (but never served) an amended complaint in a...more
If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more
The US Court of Appeals for the Fifth Circuit affirmed the district court’s entry of default judgment against the defendant because email service of the complaint was proper under the Federal Rules of Civil Procedure and the...more
We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by...more
Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the court’s application of the plain error doctrine to reverse and remand a trial court’s order vacating a default judgment. The plain error doctrine is...more
A June 2018 Bankruptcy Court decision in the Southern District of New York (SDNY) held that foreign companies with no presence in the U.S. were subject to default judgments....more
Discovery of relevant material extends far beyond documents created on personal computers. Discoverable data exists in many forms, including electronic data found in vehicles such as tractors used for tractor-trailers. This...more
When De Gazelle Group, Inc. sought to use FedEx for service of process of a Saudi Arabian company, Tamaz Trading Establishment, it reliably arrived at the Saudi Arabian post office. In fact, a Tamaz agent, seeking legal...more
Amendments to the Federal Rules of Civil Procedure ("Rules") that took effect on December 1, 2015, are expected to impact numerous aspects of civil litigation, including service of process, discovery (including electronically...more
M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more