Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more
No matter how complex or arcane the technology in a patent dispute might be, there is always a way to simplify it. Everything can be distilled down into clear, concise, and accurate explanations that judges, juries, and other...more
On September 7, 2022, the Court of Appeals for the Federal Circuit issued a precedential opinion in Arendi S.A.R.L v. LG Electronics, Inc., offering an important reminder to patent litigators of the necessity of following the...more
What is the role of the court where expert evidence is “uncontroverted”, but appears not to prove the claimant’s case to the requisite standard? The Court of Appeal had to contend with that issue recently in Griffiths v TUI,...more
The rapid growth of construction arbitration over the last 20 years is a testament to its advantages over traditional litigation: speed, cost and flexibility. But as parties submit larger and more sophisticated disputes, they...more
Citing gamesmanship and a failure to follow the Ground Rules, Chief Administrative Law Judge (“ALJ”) Bullock recently issued an opinion striking portions of Complainant’s expert report. Certain Blow-Molded Bag-In-Container...more
The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more
Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more
Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling...more