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1
Supreme Court Hears Oral Argument In Case Involving Removal Of Counterclaim Class Actions
Class action defendants usually prefer to have their cases heard in federal court, where the protections of Federal Rule of Civil Procedure 23 apply and where courts and juries are less likely
United States
22 Jan 2019
2
Northern District Of California Adopts Guidance For Class Action Settlements
On November 1, 2018, the U.S. District Court for the Northern District of California published updated procedural guidance for class action settlements (the "Guidance").
United States
8 Jan 2019
3
Electronic Discovery & Information Governance - Tip Of The Month: Revisions To The MIDP In The Northern District Of Illinois
A manufacturing company was recently served with a complaint filed in the United States District Court for the Northern District of Illinois.
United States
7 Jan 2019
4
December 2018 Amendments To Rule 23 Are Now In Effect
On December 1, 2018, the amendments to the Federal Rule of Civil Procedure 23 took effect.
United States
21 Dec 2018
5
Florida Appellate Court Adopts Favorable Interpretation Of Punitive Damages Statute
Surprisingly, in the nearly two decades since the statute was enacted, there have been almost no appellate decisions interpreting the statute.
United States
7 Jul 2017
6
Supreme Court Decision Alert - June 19, 2017
Today, the Supreme Court issued two decisions, described below, of interest to the business community.
United States
23 Jun 2017
7
Supreme Court's Decision In Bristol-Myers Squibb v. Superior Court Rejects Expansive View Of Specific Jurisdiction
We've previously blogged about Bristol-Myers Squibb v. Superior Court ("BMS"), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an unusual ...
United States
23 Jun 2017
8
Supreme Court Decision Alert - June 12, 2017
Today, the Supreme Court issued three decisions, described below, of interest to the business community: Class Actions—Appellate Jurisdiction; Biologics Price Competition and Innovation Notice Requirement...
United States
13 Jun 2017
9
Supreme Court Decision Alert - May 30, 2017
Today, the Supreme Court issued two decisions, described below, of interest to the business community: Intellectual Property—Patent Exhaustion & Federal Employer's Liability Act—Personal Jurisdiction
United States
31 May 2017
10
Two Recent Appellate Decisions Illustrate Divergent Approaches To Spokeo
Hundreds of lower courts have interpreted and applied the Supreme Court's decision in Spokeo, Inc. v. Robins over the past ten months.
United States
28 Mar 2017
11
Supreme Court Hears Arguments In Microsoft v. Baker To Address When A Named Plaintiff Can Appeal The Denial Of Class Certification
Earlier today, the Supreme Court heard oral argument (pdf) in Microsoft Corp. v. Baker, a case that raises complicated questions about federal appellate jurisdiction and Article III standing...
United States
22 Mar 2017
12
Court Strikes Class Allegations In TCPA Case
The plaintiff has filed a petition for leave to appeal under Rule 23(f), and the Seventh Circuit directed the defendant to respond.
United States
7 Mar 2017
13
Supreme Court Will Review Two Important Cases Regarding Scope Of Personal Jurisdiction
Applying this limitation, the U.S. Supreme Court has recognized two kinds of personal jurisdiction: general and specific.
United States
27 Jan 2017
14
Supreme Court: Fannie Mae's "Sue-and-be-Sued" Authority Does Not Grant Federal Courts Jurisdiction Over All Cases Involving Fannie Mae
The Federal National Mortgage Association operates under a corporate charter, which authorizes Fannie Mae "to sue and to be sued, and to complain and to defend, in any court of competent jurisdiction...
United States
20 Jan 2017
15
Using Daubert To Exclude Flawed Surveys
We typically think of expert testimony as providing an insight into the evidence in the case, or drawing a conclusion from the evidence, that requires knowledge beyond the ken of a typical judge or juror.
United States
4 Oct 2016
16
The Risks Of Changing One's Mind
It is by now settled that federal agencies have broad authority to fill the gaps left by Congress.
United States
15 Jul 2016
17
The First Circuit Weighs Competing Studies About Relative Risk
When does an expert witness have an obligation to weigh competing studies and explain why she chose to rely on one study rather than another?
United States
23 Jun 2016
18
Gatekeeping On The Record: The Fifth Circuit Requires That Daubert Inquiries Be Explained On The Record
Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), district courts serve as gatekeepers for the admission of expert testimony.
United States
8 Jun 2016
19
Reflections On The Twentieth Anniversary Of BMW v. Gore
Tomorrow marks the twentieth anniversary of the Supreme Court's decision in BMW of North America. Inc. v. Gore, the first time the Court had ever held that a punitive damages award was unconstitutionally excessive under the Due Process Clause.
United States
23 May 2016
20
Retroactivity Of The Proposed Amendments To The Federal Rules Of Civil Procedure (Electronic Discovery & Information Governance - Tip Of The Month)
A manufacturing company is a defendant in a case that is currently in discovery. The general counsel knows that the proposed amendments to the FRCP are set to become effective on December 1, 2015, and wonders whether the revised rules will apply to the pending case.
United States
2 Dec 2015
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