Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
Cell phones have now been around for decades. Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves. How prominent...more
On July 2, 2021, the Supreme Court granted the petition for writ of certiorari in Pivotal Software v. Tran, a case with significant implications for litigation brought under the Securities Act of 1933. The issue in Pivotal...more
Last week, the U.S. Supreme Court granted the petition for a writ of certiorari in Pivotal Software v. Tran, a case that could have significant implications for Securities Act of 1933 (Securities Act) cases brought in state...more
The Supreme Court granted a petition for a writ of certorari in Servotronics Inc. v. Rolls Royce PLC et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020) and will have the opportunity to resolve an important...more
In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius...more
On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration...more
C.R. Bard Inc. v. AngioDynamics, Inc., Appeal No. 2019-1756, -1934 (Fed. Cir. Nov. 10, 2020) - Our Case of the Week is one of two cases decided this week in which the Federal Circuit finds that a district court jumped the...more
On October 14, 2020, the Florida Fourth District Court of Appeal granted a petition for a writ of certiorari quashing a trial court’s discovery order that had compelled an employer to produce “financial worth” discovery in an...more
In regard to 28 U.S.C. § 1782(a), U.S. circuit courts split on what qualifies as a “foreign or international tribunal.” The breadth of U.S. discovery in foreign international arbitrations pursuant to 28 U.S.C. § 1782(a)...more
On April 16, 2020, Rolls-Royce PLC filed a motion to stay proceedings in the U.S. Court of Appeals for the Fourth Circuit while it prepares the filing of a petition for a writ of certiorari to the U.S. Supreme Court. In the...more
On March 30, 2020, the United States Court of Appeals for the Fourth Circuit ruled in Servotronics Inc. v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) that U.S. federal courts may order parties to produce documents and testimony...more
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more
Synopsis: ERISA stock-drop litigation has diminished in recent years due to the Supreme Court’s Dudenhoeffer decision (and a rising stock market). Now, the Court will have another chance to weigh in on whether federal ERISA...more
The solicitor general filed an amicus brief in the U.S. Supreme Court last month supporting the relators’ opposition to certiorari in Gilead Sciences, Inc. v. United States ex rel. Campie, et al., No. 17-936. Yet the...more
On November 30, 2018, the Solicitor General of the United States filed an amicus curiae brief in the closely watched False Claims Act (FCA) lawsuit, Gilead Sciences Inc. v. U.S. ex rel. Campie. In what appears to be an...more