Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
If your company has just been named in a patent infringement lawsuit, you may be facing an unfamiliar and high-stakes process. Patent litigation is unlike most commercial disputes—it involves complex legal standards, highly...more
On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more
A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more
Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who...more
Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more
In a recent summary order in an appeal from a bankruptcy court, the United States Court of Appeals for the Second Circuit reaffirmed that mere receipt of a fraudulent transfer is not always sufficient to render the recipient...more
On February 23, 2022, the Florida Third District Court of Appeal issued its opinion in New Horizons Condominium Master Association, Inc. v. Harding, and held that under Florida law a defendant does not waive the protections...more
Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the...more
A state high court recently issued a stark reminder to litigants of their duty to clearly bring to the court’s attention the arguments and evidence upon which they rely in order to both survive summary judgment and preserve...more
A federal appeals court issued its opinion on August 17th in Tiffany & Co. v. Costco Wholesale Corp., vacating a $21 million judgment against Costco Wholesale Corp. Costco had marketed unbranded diamond engagement rings...more
The Situation: The Supreme Court's ruling in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), opened the door to more materiality defenses under the False Claims Act ("FCA"), but without making...more
In many product liability, mass tort, and consumer cases the gravest—and probably least predictable—risk is a runaway punitive damages award. Unlike compensatory damages, which are tied to the plaintiff’s actual injuries,...more
In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more
The question of what constitutes a “securities claim” in the context of public company D&O policies is often debated in insurance coverage disputes, and the answer to this question can have significant effects on the scope of...more
A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must...more
Hello readers! It is with great excitement that I, Mitchell K. Morris, assume the editorial reins for Product Lines from Fred E. (Trey) Bourn, III and Kyle V. Miller, who, along with our contributors, have done a fantastic...more
Pillsbury secured an important victory for its client, Solera Holdings Inc., when Delaware Superior Court Judge Abigail LeGrow held—in a matter of first impression anywhere in the country—that a shareholder appraisal action...more
When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more
In two rulings arising in Minnesota in March of 2018, federal courts reminded litigants that business owners have various defenses that can effectively shut down so-called “drive by” disability access lawsuits prior to trial....more
The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more
2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more
“The Ninth Circuit has stated that laches is seldom susceptible of resolution by summary judgment,” but the federal district court for the Northern District of California recently held just that in Dropbox Inc. v. Thru Inc. ...more