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Defense Strategies

When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?

by Farrell Fritz, P.C. on

That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC, which was an appeal from the grant of defendant’s motion to dismiss a contractual claim seeking...more

Unanimous Defense Verdict for Home Healthcare Provider

Jones, Skelton & Hochuli, PLC is pleased to announce Partner Donn Alexander and Associate Cory Tyszka obtained a unanimous defense verdict in a home healthcare matter. This case involved allegations of abuse, neglect, and...more

Technical Violations of Statutes May No Longer Be Enough

by Akerman LLP - HR Defense on

“Have you been injured?” No longer just a query for auto accident victims, plaintiffs must increasingly be able to answer “yes” to that question before bringing suits for violations of statutory rights....more

DOJ Antitrust Division Mulls Changes to Indirect Purchaser Rules

This blog has discussed some of the dynamics created by the Supreme Court’s Hanover Shoe and Illinois Brick decisions and state “repealer” laws that attempt to undo their effect. As it turns out, repealer states aren’t the...more

Ninth Circuit Affirms Montana District Court’s Order Confirming Arbitration Award

by Carlton Fields on

This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the “Schillings”), of a Montana federal district court’s order...more

Are Defendants Required To Create Datasets to Respond to Discovery Requests in Class Actions?

Discovery disputes in class actions often focus on plaintiffs’ requests for computer data regarding putative class members’ claims, and how far defendants need to go in providing such data. ...more

Which Statute of Limitations Applies to Your Declaratory Judgment Action?

by Farrell Fritz, P.C. on

So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

Court dismisses defendants’ counterclaims against CFPB for fees and expenses

by Ballard Spahr LLP on

A New York federal district court dismissed the counterclaims of the defendants in a CFPB enforcement action claiming that, pursuant to the Equal Access to Justice Act (EAJA), they were entitled to fees and expenses incurred....more

Third Circuit Latest to Hollow Out Bright Line Bare Metal Defense

by Miles & Stockbridge P.C. on

On October 3, 2017, the United States Court of Appeals for the Third Circuit held—in a case of first impression—that a manufacturer of a “bare metal” product may be liable for a plaintiff’s injuries caused by later added...more

Illinois Appellate Court Recognizes Common Interest Exception to Waiver of Privilege Rule

by Foley & Lardner LLP on

On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the...more

Is the Defense Bar Losing the “Securities Class Action War?”

Douglas Greene, one of the United States’ most well-known securities litigators – on either side of the bar – recently wrote a four-part treatise, titled Who is Winning the Securities Class Action War – Plaintiffs or...more

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

Food Litigation Trends: New and Undefined Label Claims in 2017

by Pepper Hamilton LLP on

Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

The Enforceability of Waiver of Defense Provisions in Guaranty Agreements

by Stinson Leonard Street on

It has been said that a guarantor is a fool with a pen. Even the Bible warns, "whoever puts up security for a stranger will surely suffer, but whoever refuses to shake hands in pledge is safe." Proverbs 11:15, NIV. That...more

[Event] CLE Event: "Whistling at Work" - December 7th, Columbus OH

by BakerHostetler on

The Top 5 Issues for Navigating the Employment Relationship to Avoid and Defend Whistleblower Retaliation Complaints Topics - - Whistleblower 101: Law and Process - Whistleblower and Compliance Policies: Prevention...more

[Webinar] Frequently Asked Employment-Related Questions and Answers Employers Need to Know - December 8th, 10:00am MT

by Payne & Fears on

Every year our clients approach us seeking legal counsel and guidance on a wide range of employment-related issues. Some of these issues are unique to a particular industry; others are common to employers in general. As this...more

Call of Duty Trademark Lawsuit: A Humvee Humdinger

by Winthrop & Weinstine, P.A. on

AM General, manufacturer of Humvee military vehicles, has sued Activision Blizzard for trademark infringement, based on the use of the “Humvee” and “HMMWV” marks for the virtual military vehicles displayed in...more

California Proposition 65 Actions Expected to Target Furfuryl Alcohol in Food and Beverages

by Bryan Cave on

The next wave of lawsuits involving California Proposition 65 and food products may allege exposure to furfuryl alcohol, a chemical commonly found in a wide variety of thermally processed foods and listed as a carcinogen...more

The Ramifications of a Less-Than-Thorough Investigation

by Farella Braun + Martel LLP on

An insurance carrier has declined to defend a claim asserted against its insured, arguably without meeting its obligation to investigate the claim. For whatever reason — a change in personnel, loss of a file, or some other...more

ITC Remains Unpersuaded by Final PTAB Rulings

by Jones Day on

This week the ITC stood firm in its position that final PTAB rulings of unpatentability in IPR proceedings are not grounds to modify, suspend, or rescind remedial orders. In Certain Foam Footwear, Inv. No. 337-TA-567, the ITC...more

Insurance Claims and Autonomous Vehicles

by Bryan Cave on

The adoption of autonomous vehicles will have profound legal consequences for insurance claims and liability laws. As vehicles with increasingly sophisticated autonomous driving capabilities proliferate, industry experts...more

[Webinar] Cross-Border Data Breach Litigation Settlements - November 2nd, 12:00pm ET

by BakerHostetler on

Please join BakerHostetler’s Class Action Defense Team along with Kurtzman Carson Consultants (KCC) LLC, RicePoint Administration Inc. and Affleck Greene McMurtry LLP for “Cross-Border Data Breach Litigation Settlements,” on...more

Foreign Companies' Victories in Chinese Courts Support Forum Non Conveniens Motions in U.S. Courts

by Jones Day on

The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Patent Trolls account for about 67% of...more

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