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Motion to Dismiss › Dispute Resolution

Butler Snow LLP

The Demise of the Civil Jury Trial: Why It Might Be Happening and Why It Matters

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Much has been written about the demise of the civil jury trial, while not as much has been written as to whether this is a good or bad development. California Superior Court Judge Curtis Karnow, writing recently in the...more

Dickinson Wright

Expediting Appeals in the Michigan Court of Appeals

Dickinson Wright on

Pursuing or defending an appeal in the Michigan Court of Appeals can be a lengthy process. Briefing does not begin until after all transcripts have been ordered, and that process alone can take up to 91 days in civil cases....more

Lewitt Hackman

Franchisor 101: Mowing and Blowing Past Mediation

Lewitt Hackman on

A California federal court denied a franchisor’s motion to dismiss a franchisee’s complaint claiming the franchisee failed to first mediate the dispute before filing an action as required under the franchise agreement....more

Fox Rothschild LLP

The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

Fox Rothschild LLP on

In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

Gray Reed

How to Work for Free Under a Master Service Agreement

Gray Reed on

Kouatli v. Endeavor Energy Resources L.P. offers valuable (and obvious) lessons on how NOT to perform a Master Service Agreement in the oil patch (or, per Billly Bob and friends, “The Patch”), to wit...more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

DarrowEverett LLP on

Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

K&L Gates LLP

Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

K&L Gates LLP on

On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...more

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

Fish & Richardson

Texas Monthly Wrap-Up – September 2021

Fish & Richardson on

This post summarizes some of the significant developments in the federal district courts of Texas for the month of September 2021. Unicorn Energy GmbH v. Tesla, Inc., No. 2-20-cv-00338 (E.D. Tex.) (J., Gilstrap): Motion to...more

Carlton Fields

Western District of Washington Reverses Course and Compels Arbitration

Carlton Fields on

Following unsuccessful motions to dismiss, the defendants moved to compel arbitration, arguing that they had not moved to compel the matter to arbitration earlier because the plaintiffs had not yet completed all stages of the...more

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