News & Analysis as of

Jurisdiction

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency Proposes New Rule

On December 11th the United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) announced the proposal of a new rule addressing the Clean Water Act definition waters of the United...more

Dorsey & Whitney LLP

Clarifying “Muddy Waters:” EPA and Army Corps Propose Revisions to the Scope of CWA Jurisdiction

by Dorsey & Whitney LLP on

On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, “the agencies”) released their proposal for the controversial and highly litigated definition of “waters of...more

Jones Day

Agent Actions Don't Equal Personal Jurisdiction in Telephone Consumer Protection Act Case

by Jones Day on

The Situation: A federal court in California recently considered whether it had jurisdiction over defendants in a class action under the Telephone Consumer Protection Act ("TCPA") based on the presence in California of the...more

Morris James LLP

Court of Chancery Explains Conspiracy Jurisdiction and Inquiry Notice Rules

by Morris James LLP on

iBio v. Fraunhoffer Gesellschaft, C.A. No. 2017-0790-TMR (Del. Ch. Dec. 10, 2018) - This decision has two helpful analyses. First, it addresses the conspiracy theory of jurisdiction under the well-known Instituto Bancario...more

Polsinelli

Federal Circuit Holds that Demand Letters May Create Jurisdiction and Venue In the Location where the Demand Letter is Sent

by Polsinelli on

KANSAS CITY, Mo. On Dec. 7, 2018, the Federal Circuit issued a decision in Jack Henry & Associates, Inc. v. Plano Encryption Technologies, case number 16-2700, holding that non-practicing entities (companies whose only...more

White and Williams LLP

Insureds Suing Individual Adjusters – What Will Change If The Washington Supreme Court Decides That Adjusters May Be Sued For Bad...

by White and Williams LLP on

In Keodalah v. Allstate Insurance Company, the Washington Supreme Court is set to determine whether individual insurance adjusters (as distinguished from the insurers for which they work) may be sued for bad faith and...more

Allen Matkins

Court Rules Registration To Transact Intrastate Business Does Not Establish General Jurisdiction

by Allen Matkins on

A foreign corporation registering with the California Secretary of State to transact intrastate business must, among other things, designate an agent for service of process in California. Does this amenability to service...more

Carlton Fields

D.C. Federal Court Permits Insured to Amend Complaint in Reinsurance Dispute Related to Credit Insurance Policy

by Carlton Fields on

A District of Columbia federal court partially granted and partially denied a reinsured’s motion to amend its complaint in a dispute over a reinsurance agreement for a credit insurance policy....more

Dentons

Loss of Takeover Code protection for certain EEA member state issuers listed in London

by Dentons on

Following Brexit as currently envisaged (through a deal or no-deal scenario), a handful of London-listed companies which are registered in another EEA member state will no longer be subject to UK or European takeover rules....more

White & Case LLP

National security reviews 2018: Japan

by White & Case LLP on

Japan’s implementation of the 2017 amendments to FEFTA must be watched closely to see whether Japan will adopt a more aggressive stance. Under the Foreign Exchange and Foreign Trade Act (FEFTA), the Ministry of Finance...more

Perkins Coie

PC Food Litigation Index: November 2018

by Perkins Coie on

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer - Fall 2018

Dutch Parent Exercises Insufficient Control over US Subsidiary to be Deemed its "Alter Ego" - Britax Child Safety, Inc. v. Nuna International B.V., US District Court for the Eastern District of Pennsylvania, July 26, 2018....more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

Patterson Belknap Webb & Tyler LLP

Creditors’ Contractual Autonomy Does Not Triumph the Value of Bankruptcy Law as a Collective Dispute Resolution Mechanism

In a recent cross-border insolvency case, In re Agrokor d.d., 591 B.R. 163 (Bankr. S.D.N.Y. 2018), Judge Glenn of the United States Bankruptcy Court for the Southern District of New York recognized and enforced a...more

Seyfarth Shaw LLP

The 2018 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

by Seyfarth Shaw LLP on

Every year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and...more

Womble Bond Dickinson

Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!

by Womble Bond Dickinson on

On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal...more

Carlton Fields

Federal District Court Declines to Rule on Arbitration Award, Finding No Independent Basis for Jurisdiction

by Carlton Fields on

Following arbitration, the parties filed cross-motions to confirm and vacate the arbitration award. The District Court for the Southern District of California issued an order to show cause why the case should not be dismissed...more

Mintz - Arbitration, Mediation, ADR...

How to Compel Arbitration When Litigation Is Commenced in State Court

In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement...more

Stinson Leonard Street - Arbitration Nation

This Week In Arbitration: Jay-Z, Waiver, And “Functus Officio”

Today’s post covers three new developments from this past week. The Fifth Circuit found a defendant waived its right to arbitrate a class action; the Second Circuit found arbitrators retain power to clarify ambiguous awards;...more

Jones Day

Out of State, Out of Luck: Federal Court Rejects Nationwide TCPA Class Action Claims

by Jones Day on

The Situation: A federal court recently considered whether a plaintiff could maintain a nationwide Telephone Consumer Protection Act ("TCPA") class action brought on behalf of class members who did not reside in the state...more

Dentons

Compromising English law debts: has the rule in Gibbs had its day?

by Dentons on

Under current English law, an English law debt can only be compromised by agreement or by the English courts. This is known as the "rule in Gibbs", after the 1890 Court of Appeal case which established the principle. It means...more

Moore & Van Allen PLLC

Standing in the Way of a Supreme Court Decision on Cy Pres-Only Class Action Settlements

by Moore & Van Allen PLLC on

What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more

Holland & Knight LLP

The End of the Line: Federal Circuit Dismisses the Veterans Contracting Group SDVOSB Appeal as Moot

by Holland & Knight LLP on

On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more

Hogan Lovells

First insolvency proceedings opened held to have priority, with consequences regarding managers’ liability (Com. 7 févr. 2018,...

by Hogan Lovells on

The Recast Insolvency Regulation 2015/848 governs cross-border insolvency proceedings within the European Union. It provides in particular for the opening of the main proceedings by the jurisdiction of the member state where...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - Spanish

ANTICORRUPTION DEVELOPMENTS - DOJ Files Superseding Indictment in Haitian Port Corruption Plot - On October 30, 2018, the U.S. Department of Justice (DOJ) filed a superseding indictment in the District of Massachusetts...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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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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