News & Analysis as of

Non-Parties

Seyfarth Shaw LLP

Beyond the 100 Mile Rule: Court of Appeal Affirms District Court’s Power to Compel Attendance of Distant Witnesses and Unveil...

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What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly...more

JAMS

Do Arbitrators Have the Power to Order Third Party Discovery in California Arbitrations

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Let’s begin by defining what a “third-party subpoena” is. A third-party subpoena is any subpoena issued in the course of a proceeding to someone who is not a plaintiff, defendant or intervenor in the lawsuit, or, in the...more

Rivkin Radler LLP

The Title Reporter: A Legal Update for the Title Insurance Industry - Autumn 2023

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Here is what we cover in this issue of Title Insurance Update Autumn 2023- • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the...more

Troutman Pepper

California Court of Appeals Finds Solar Energy Agreement Provides Basis for Rosenthal Fair Debt Collection Practices Claim by...

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As U.S. consumer solar energy use increases, so does potential exposure under state consumer protection statutes. A recent decision by the California Court of Appeals in the case of Hagey v. Solar Service Experts, LLC...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - June 15 - July 14, 2023

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The California Court of Appeal, Fourth District, Division One, issued the following published decision...more

Blake, Cassels & Graydon LLP

“Just When I Thought I Was Out, They Pull Me Back In”: B.C. Supreme Court Affirms Goal of Promoting

On March 20, 2023, the Supreme Court of British Columbia (Court) issued a decision in Ridley Terminals Inc. v. Sandvik Canada Inc. (Ridley), affirming the importance of promoting settlement in multiparty litigation and...more

Miller Canfield

An IRS Notice That a Court Vacates and Sets Aside May Still Be Enforceable Against Nonparties

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Taxpayers who are not parties to an action voiding an IRS Notice published without notice and comment should carefully consider the risk that the IRS may nonetheless treat the Notice as valid as to nonparties. In two...more

Goldberg Segalla

Brake Supplier Permitted to Present Evidence of Fault Against Non-Parties for Apportionment Considerations

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United States District Court for the Western District of Kentucky, Owensboro Division, July 12, 2022 - In this asbestos action, the plaintiff Jack Papineau sued various manufacturers alleging that these manufacturers...more

Patton Sullivan Brodehl LLP

Sometimes Real Property Rights Can be Adjudicated in a Criminal Case Where the Property Owner is Not Even a Party

Owners of real property generally understand that their property rights can be impacted by litigation in which they are a party. However, what’s less clear, but perhaps equally important to understand and guard against, is...more

Steptoe & Johnson PLLC

Recent West Virginia Court Decision Clarifies Nonparty Fault and Nonparty Immunity

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In 2015, the West Virginia Legislature passed West Virginia Code Section 55-7-13d, which seeks to prevent defendants from paying in excess of their share of fault by requiring the trier of fact to consider the fault of all...more

Akin Gump Strauss Hauer & Feld LLP

Nonparties to PAGA Action Have No Grounds to Intervene or Challenge Judgment

On September 30, 2021, the California Court of Appeal (Second District) issued its decision in Turrieta v. Lyft, Inc., Case No. B304701, which limits the ability of nonparty “aggrieved employees” to challenge a Private...more

BCLP

Vale SA v Steinmetz: English Court held that an arbitral decision cannot be relied upon in proceedings between non-parties

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In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had upon a proprietary claim against a non-party to the arbitration, the Court of...more

BCLP

The Supreme Court of Georgia Sheds New Light on Apportionment of Damages

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The Supreme Court of Georgia issued another decision in its recent line of cases opining on the scope and availability of Georgia’s apportionment statute - O.C.G.A. § 51-12-13. This latest decision, Alston & Bird, LLP v....more

Roetzel & Andress

Minding Your P’s And Q’s: How To Properly Assert And Maintain The Empty Chair Defense

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The “Empty Chair” defense, or so it has been called, is an affirmative defense under Ohio law that allows a defendant in a tort action to seek an allocation of fault to one or more parties that are not a party to the lawsuit...more

Farrell Fritz, P.C.

Commercial Division Denies Application to Enforce Stipulation of Settlement for Lack of Standing

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The Full Faith and Credit Clause of the United States Constitution provides that “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” In terms of...more

Carlton Fields

Court Finds Pre-Hearing Nonparty Deposition Subpoenas Permitted by FAA, and Rule 45 Territorial Limit Not a Bar for Virtual...

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Nonparty Lawrence Satz received an arbitral subpoena in a proceeding between International Seaway Trading Corp. and Target Corp. Satz was a former owner of Seaway. The subpoena — the second issued to Satz during the...more

Manatt, Phelps & Phillips, LLP

Board Designates Three Precedential Decisions for Instituting, Including Real Party in Interest

The U.S. Patent and Trademark Office (Patent Office) designated new Patent Trial and Appeal Board (Board) precedents protecting patent owners from multiple inter partes review (IPR) challenges. The Board decisions included...more

Epiq

Five Noteworthy 2020 eDiscovery Cases

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As with past years, eDiscovery was a hot topic in case law. Spanning from Rule 45 to cost shifting and more, the courts tackled several eDiscovery obstacles. With each decision, legal practitioners glean more insight into how...more

Bass, Berry & Sims PLC

Corporate Maneuvering Leads to Thorny First-to-File Bar Issues

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Two partnerships and infighting between relators recently produced a series of difficult questions addressed by the U.S. Court of Appeals for the Third Circuit in In re Plavix Mktg., Sales Practices & Prod. Liab. Litig. (No....more

Woods Rogers

Virtually Impossible: Eleventh Circuit's Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone

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In the age of COVID, it is a rarity for hearings, oral arguments, client meetings, or any other legal proceeding to be held in-person. Instead, lawyers, judges, arbitrators, and all other legal figures are relying on their...more

Snell & Wilmer

Coronavirus Solutions Cause Long-Term Changes to Depositions in California

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On September 18, 2020, Governor Gavin Newsom (D) signed Senate Bill (“S.B.”) 1146 into law. This act was aimed at amending Sections 1010.6 and 2025.310 of the California Code of Civil Procedure, and to add and repeal Section...more

Fox Rothschild LLP

U.S. Circuit Courts Split Over Issues Concerning The Ability To Obtain Evidence From Non-Parties In International Arbitration,...

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In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international...more

Lewitt Hackman

Franchisee 101: Successor Slips Out of Non-Compete

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A Florida federal court granted a preliminary injunction against a terminated franchisee. The court enjoined the ex-franchisee from using the franchisor’s trademarks and trade dress. The court enforced the franchisor’s...more

Miller Canfield

A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents

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Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes....more

Latham & Watkins LLP

Court of Appeal Can Compel a Non-Party to an Arbitration Agreement to Provide Evidence

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A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more

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