Searching Content indexed under Court Procedure by McDermott Will & Emery ordered by Published Date Descending.
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Southern District Of Ohio Concludes That Regional Federal Reserve Banks Are Not "The Government" Under The FCA
On August 20, 2018, U.S. District Judge Algenon L. Marbley of the United States District Court for the Southern District of Ohio granted summary judgment in favor of The Brink's Company...
United States
18 Oct 2018
Seventh Circuit Reevaluates And Adopts More Stringent FCA Causation Standard
On October 23, 2017, the US Court of Appeals for the Seventh Circuit reversed itself by determining that proximate cause—and not the "but-for" causation test that the court adopted 25 years ago— ...
United States
14 Nov 2017
Patent Owner Must Be Subject To Personal Jurisdiction For Declaratory Judgment
The Federal Circuit agreed and concluded that the district court's refusal to allow New World a second chance at the pleading was not an abuse of discretion.
United States
17 Aug 2017
Nexus Is Crucial, Complex Connection For State Tax Professionals
With multiple state lawsuits, competing federal legislation, many state bills, and several rulings and regulations, the physical presence rule remains an important and contentious issue.
United States
15 Jun 2017
Beware Of Relying On "Plain And Ordinary" Meaning
TVIIM conceded that it did not seek construction of any of these terms before or during trial.
United States
5 May 2017
Veteran Class-Action Suits Following Data Breaches Dismissed For Lack Of Standing
Beck, a veteran, filed a putative class-action suit following the February 2013 misplacement or theft of an unencrypted VAMC laptop containing personal patient information.
United States
16 Mar 2017
District Court Does Not Have Unlimited Discretion In Assessing Reasonable Attorneys' Fees
The 11th Circuit reversed, finding that the district court erred by not awarding fees for the copyright infringement claims.
United States
16 Mar 2017
Texas Court Of Appeals Hands Down Instructive Administrative Law Opinion
A recent Texas Court of Appeals decision, EATX Coffee, LLC v. Texas Alcoholic Beverage Commission, provides an important reminder of how principles of administrative law may check the current trend...
United States
6 Jan 2017
The Eleventh Circuit Affirms Use Of Section 1782 To Compel The Production Of Documents Located In Foreign Countries
In a case of first impression, on 23 August 2016, the Eleventh Circuit affirmed in Sergeeva v. Tripleton Intl. Ltd., that 28 US Code Section 1782 reaches documents located in foreign countries.
United States
15 Dec 2016
Foreign Discovery Under 28 US Code Section 1782 In French Proceedings
The foreign discovery rules under 28 US Code Section 1782 provides countries where discovery is either forbidden or severely restricted, with a competitive advantage in international litigation.
15 Dec 2016
Supreme Court Determines That Seal Violation Does Not Mandate Dismissal
On December 6, 2016, the Supreme Court of the United States decided State Farm Fire and Casualty Co. v. United States ex rel. Cori Rigsby and Kerri Rigsby.
United States
14 Dec 2016
Default Sanction For Discovery Violations Was Abuse Of Discretion
Drone is a Taiwanese corporation and the assignee of the two asserted patents, which are generally directed to systems for remotely controlled machines.
United States
1 Nov 2016
Types Of Tax Court Opinions And Their Precedential Effect
Most tax cases are decided by the US Tax Court (Tax Court). The Tax Court issues two categories of opinions: (1) formally published dispositions; and (2) unpublished dispositions.
United States
19 Oct 2016
District Court Opinion Analyzes The Impact Of The 2010 FCA Amendments On The Public Disclosure Bar
The opinion addresses a motion to dismiss a non-intervened FCA suit based on several grounds, including the public disclosure bar.
United States
17 Oct 2016
Corporate Outsiders – On The Wrong Side Of The Circuit Split On Rule 9(b)
A district court in the Middle District of Florida issued a new decision that will continue to make it challenging for corporate outsiders to successfully pursue a declined qui tam complaint...
United States
10 Oct 2016
Tax Court Trial Sessions – How A Case Is Set For Trial
The Tax Court will issue a notice setting the case for trial approximately five months before the trial date.
United States
12 Aug 2016
Supreme Court Issues Opinion Addressing Interplay Between APA Procedural Compliance And Chevron Difference
In Encino Motorcars, LLC v. Navarro, Sup. Ct. No. 15-415 (June 20, 2016), the Supreme Court of the United States invalidated a regulation issued by the US Department of Labor under the Fair Labor Standards Act.
United States
6 Jul 2016
Extending The Reach Of Octane Fitness Under The Lanham Act **WEB ONLY**
Clark Baker is a private investigator and former police officer who is CEO of the Office of Medical and Scientific Justice, Inc.
United States
6 Jul 2016
Can't Run Away From Your Expert's Testimony: Board Says Testimony From Another Proceeding Admissible
Addressing the admissibility of testimony from prior proceedings, the U. S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) denied the petitioner's motion to exclude the prior testimony of its own expert. Edmund Optics, Inc. v. Semrock, Inc. IPR2014-00583 (PTAB, Sep. 9, 2015) (Capp, APJ).
United States
10 Nov 2015
Third Circuit Rejects Relator’s Bid For Dodd-Frank Retroactivity
The Third Circuit held that the three-year statute of limitations applicable to retaliation claims as a result of the Dodd-Frank Act does not apply retroactively.
United States
15 Apr 2015
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