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Federal Court Litigation

Snell & Wilmer

The Ninth Circuit Affirms Tribal Court Jurisdiction Over Insurance Provider

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On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more

Cornerstone Research

Securities Class Action Filing Activity Increased Slightly in 2023, Reversing Recent Years’ Declines

Cornerstone Research on

The number of securities class action lawsuits increased slightly in 2023, reversing the trend of decline over the last three consecutive years, according to a report released today by Cornerstone Research and the Stanford...more

Goldberg Segalla

CA Federal District Court Grants Dismissal In Favor of Personal Care Manufacturer in PFAS Misrepresentation Action

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On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from...more

Tyson & Mendes LLP

The California Insurance Code and Willful Acts

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Companies facing lawsuits involving alleged claims of willful acts have had a rude awakening following the ruling in The Wonderful Co. LLC et al. v. Starr Indemnity & Liability Co. by a California federal court that came at...more

Hendershot Cowart P.C.

Federal Vs. State Court: How Do You Determine Where To File A Lawsuit?

Hendershot Cowart P.C. on

How do you determine whether a case should be heard in state court or federal court? Lawsuits can be filed in either state or federal court, depending on where the litigants live or do business, the type of case, the amount...more

Pillsbury - Policyholder Pulse blog

Federal Court Finally Issues an Opinion Analyzing LEG 3 (and It’s a Win for Policyholders)

The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects...more

Smart & Biggar

Federal Court finds no procedural unfairness in Minister of Health’s decision that smoking cessation aid not a natural health...

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On November 2, 2023, the Federal Court dismissed The Winning Combination (TWC)’s application for judicial review of Health Canada’s decision to refuse a natural health product licence for Resolve, a smoking cessation aid:...more

Bennett Jones LLP

The Federal Court Rules that the Order Labelling Plastics as a Toxic Substance is Unreasonable and Unconstitutional

Bennett Jones LLP on

The Federal Court of Canada (Court) released its decision on November 16, 2023, in Responsible Plastics Use Coalition v Canada, which held that the Federal Government's labelling of all Plastic Manufactured Items (PMI) as...more

Foley Hoag LLP

Government Shutdown Impact: What Stays Open and What Closes

Foley Hoag LLP on

As we near a standoff in Congress on the budget, we write to remind clients about how a government shutdown would affect patent and trademark operations at the Patent and Trademark Office (PTO), copyright operations at the...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court strikes down DACA regulation, DACA still on life support

A federal judge has struck down final regulations regarding the Deferred Action for Childhood Arrivals program, and the program itself may not survive. The DACA program was established unilaterally in 2012 by an Obama...more

Kohrman Jackson & Krantz LLP

Federal Court Rules No Common Law Duty to Prevent or Respond to Data Breaches

Like most healthcare entities, Indiana’s Trinity Health collects, stores, maintains and uses a large volume of particularly sensitive information about patients and others, including Personally Identifiable Information (PII)...more

Willcox & Savage

Finding More Time to Perfect Removal to Federal Court

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Even practitioners well-accustomed to federal practice often overlook the critical rule regarding the deadline for removal when a defendant has been served through a statutory agent, an agent appointed to receive process by...more

Butler Weihmuller Katz Craig LLP

Stateless Amber Heard: The Legal Loophole to Avoid Being Sued in Federal Court

The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS endorses "existential" challenge to administrative agencies

Labor lawyers, take note. Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon...more

Smart & Biggar

[Ongoing Program] Contentious trademark proceedings: What brand owners should know about defending and enforcing their rights in...

Smart & Biggar on

This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

J.S. Held

COVID-19’s Effects on Grand Juries, Indictments & Jeopardy to Defendants’ Rights

J.S. Held on

The COVID-19 pandemic has collided with the constitutional requirement that “infamous” crimes be charged by a grand jury. For the first time in United States history, grand juries in federal courts have been suspended because...more

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

Felicello Law PC on

We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Latham & Watkins LLP

California Court of Appeal Upholds Federal Forum Provision Covering State-Court IPO Securities Class Actions

Latham & Watkins LLP on

On April 28, 2022, the California Court of Appeal issued a much-anticipated decision in Wong v. Restoration Robotics, Case No. A161489, enforcing a forum selection clause contained in a corporate charter provision that...more

Littler

Court Holds Plaintiffs Are Precluded from Asserting New York Wage Theft Prevention Act Claims in Federal Court

Littler on

In a series of significant recent decisions, Judge Pamela K. Chen of the U.S. District Court, Eastern District of New York, held that federal courts lack jurisdiction to hear claims alleging violations of New York’s wage...more

Wiley Rein LLP

Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies

Wiley Rein LLP on

The United States District Court for the District of Kansas, applying Kansas law, has held that the notice-prejudice rule does not apply to claims-made policies. Philadelphia Indem. Ins. Co. v. Great Plains Annual Conference...more

Bennett Jones LLP

The Federal Court of Appeal Has Weighed in on Re-Evaluation Decisions Made by the Pest Management Regulatory

Bennett Jones LLP on

The Federal Court of Appeal in Canada released its first ever judgment involving the review of a decision by the Pest Management Regulatory Agency (the PMRA), allowing the judicial review appeal, returning the issue to the...more

Allen Matkins

What's The DFPI Doing In Federal Court?

Allen Matkins on

Enforcement actions by the California Department of Financial Protection typically involve either administrative proceedings or civil actions in the California state courts.  Recently, however, the DFPI announced that it and...more

Winthrop & Weinstine, P.A.

Eighth Circuit First to Apply “Manifested Defect” Rule to Class Action Fairness Act

This month, the Eighth Circuit Court of Appeals issued what appears to be the first appellate opinion applying the “manifested defect” rule to the Class Action Fairness Act’s (“CAFA”) $5 million amount-in-controversy...more

King & Spalding

Second Circuit Climate Change Ruling Affirms Dismissal of State-law Claims

King & Spalding on

In the past four years, state attorneys general or municipalities have brought 21 lawsuits based on state-law claims (e.g., nuisance, trespass, consumer fraud) seeking to hold fossil fuel companies liable for costs allegedly...more

McDermott Will & Emery

The Jury Returns to Delaware

Delaware has one of the most active federal civil trial dockets in the country. On Monday, it issued this notice: In short, Delaware is back...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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