News & Analysis as of

Stipulations

Chris Lazarini Discusses Pro Rata Distribution of Assets in Receiver Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving the repercussions of the multi-billion dollar Ponzi scheme of Thomas Petters related to the management of the Stewardship Credit Arbitrage Fund, LLC...more

Cloud Printing Companies in a Jam, Face Battle with Patent Trolls

Since 2013, Charles C. Freeny III, Bryan E. Freeny, and James P. Freeny (“the Freenys”) have filed more than 50 patent infringement cases, all in the Eastern District of Texas, against a variety of technology companies who...more

FERC and American Transmission Company Settle on $205,000 Penalty for Violations of Sections 203 and 205 of the Federal Power Act

On August 28, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) approved a Stipulation and Consent Agreement between FERC’s Office of Enforcement (OE) and American Transmission Company, LLC (ATC) to...more

Two New Rule Amendments Proposed by Commercial Division Advisory Council

by Farrell Fritz, P.C. on

If you have ever looked at a contract’s New York choice-of-law provision or a status conference stipulation and thought to yourself, “Who wrote this darned thing?” then now is your chance to weigh in. The Commercial Division...more

Furie and DHS Settle Dispute over Largest-Ever Jones Act Fine

by Cozen O'Connor on

Furie Operating Alaska, LLC (formerly Escopeta Oil Company, LLC) and the Department of Homeland Security (DHS) jointly filed a Stipulation of Dismissal in the U.S. District Court for the District of Alaska on March 24, 2017,...more

Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?

Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party. The lawsuit is dismissed pursuant to the settlement agreement and Federal Rule of Civil...more

Litigation Update: Amgen and Sandoz Stipulate to Dismiss ‘784 Patent

by Goodwin on

The parties in Amgen v. Sandoz (N.D. Cal.) (filgrastim, pegfilgrastim) have submitted a joint stipulation to dismiss, without prejudice, Amgen’s U.S. Patent No. 5,824,784 patent from the litigation. The ‘784 patent is...more

ABBVIE V. AMGEN: Amgen Agrees To Comply With The BPCIA Notice Of Commercial Marketing Requirements

by Goodwin on

Today, in the AbbVie v. Amgen adalumimab case, Judge Robinson entered a stipulated order that dismissed Count XI of AbbVie’s Complaint. With its Count XI, AbbVie sought an order compelling Amgen to comply with the “notice of...more

Personal Injury – Auto – Damages and Stipulation as to Liability

by Low, Ball & Lynch on

Christ v. Schwartz - Court of Appeal, Fourth Appellate District (August 12, 2016) - In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault...more

Update in Janssen v. Celltrion: Parties Stipulate that Celltrion Will Not Sell Remicade Biosimilar Before October 3, 2016

by Goodwin on

In a stipulation filed yesterday in Janssen v. Celltrion, Celltrion has agreed not to sell its Remicade biosimilar in the U.S. for use by doctors or patients before October 3, 2016, and the parties have agreed to dismiss all...more

District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to...more

Patent Applicants: Anything You Say Can and Will Be Used Against You in a Court of Law

In Indacon, Inc. v, Facebook, Inc., [2015-1129] (June 6, 2016), the Federal Circuit affirmed the district court’s claim construction, leaving intact the parties stipulation of non-infringement based upon that...more

Update in Jannsen v. Celltrion: Parties Stipulate that Celltrion Will Not Sell Infliximab Biosimilar Before September 15, 2016

by Goodwin on

We previously reported that the FDA approved Celltrion’s Inflectra®, a biosimilar to Janssen’s Remicade® (infliximab) on April 5, 2016. A year prior to the approval, Janssen filed a motion for summary judgment and...more

In-House Counsel May View “Outside Counsel Only” Documents

by Genova Burns LLC on

A federal magistrate judge in Trenton has allowed in-house counsel for a New Jersey corporation to view discovery documents designated for “outside counsel eyes only.” The ruling in Sanofi-Aventis U.S. LLC v. Breckenridge...more

Supreme Court Declines to Review Second Circuit Decision Requiring Court Approval of FLSA Settlements

by Miles & Stockbridge P.C. on

On January 11, 2016, the U.S. Supreme Court denied a petition for writ of certiorari in Cheeks v. Freeport Pancake House, Inc., et al., declining to address whether the parties in a non-collective lawsuit brought under the...more

Insurance Coverage – Bad Faith – Duty to Defend Multiple Policies

by Low, Ball & Lynch on

21st Century Insurance Co. v. The Superior Court of San Bernardino County - Court of Appeal, Fourth District (September 10, 2015) - Typically, where an insurer is defending an action, it is not bound by any...more

MoFo New York Tax Insights - Volume 6, Issue 10

by Morrison & Foerster LLP on

State Tax Department Releases Draft Article 9-A Nexus Regulations Under Corporate Tax Reform - The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise...more

Copyright Protection Goes ‘To the Batmobile!’ says the Ninth Circuit

by Reed Smith on

While the Caped Crusader drives around in his Batmobile protecting Gotham from its fringe, copyright law protects the Batmobile from infringers—this, according to the Ninth Circuit in DC Comics v. Towle. The Batmobile is more...more

Mintz Levin Health Care Qui Tam Update: Recent Developments & Unsealed Cases - September 2015

Trends & Analysis - Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more

Sony: Stipulation Announces (but does not disclose) Employee Data Breach Class Settlement

This Is The End? - Settlement appears imminent in an employee class action against Sony Pictures Entertainment (“SPE”) arising from disclosure of their personally identifiable information (“PII”) in a massive data breach...more

Understanding the benefits of a private judge in California

by JAMS on

Civil litigants, how would you like to have a process that allows the parties to determine the decision-maker, preserves all civil remedies and appellate rights and ensures effective case management and hearing and trial...more

Second Circuit Holds That Parties May Not Voluntarily Settle Claims Under the Fair Labor Standards Act With Prejudice Without...

by Cole Schotz on

In Cheeks v. Freeport Pancake House, Inc. et als., the United States Court of Appeals for the Second Circuit held that parties may not privately settle claims arising under the Fair Labor Standards Act (“FLSA”) with prejudice...more

Second Circuit Rules Court Approval or USDOL Supervision of Settlements Required in FLSA Suits

by Genova Burns LLC on

On August 7, 2015, the Second Circuit ruled that suits brought under the Fair Labor Standards Act (“FLSA”) cannot be resolved privately and require approval of a federal court or supervision by the U.S. Department of Labor...more

Drafting Valid Damages Provisions in Settlement Agreements

by PilieroMazza PLLC on

Often thought of as a formality that should take minimal effort and expense to prepare, the drafting of the settlement agreement can quickly turn into a “devil in the details” scenario. One or more of the parties to the...more

California Court of Appeals Holds Subcontract Unable to Collect Compensation Under Business & Professions Code 7031 Because...

In Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. [2015 Cal. App. LEXIS 426], a subcontractor’s license with the Contractors State License Board (CSLB) was automatically suspended due to an unsatisfied stipulated...more

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