Aug 16 2012 |
A federal district court in Louisiana addresses amount in controversy requirements in holding that a multi-plaintiff case is neither a class action nor a mass action under CAFA |
Dinsmore & Shohl LLP |
Aug 16 2012 |
Recent Fee Shifting Cases Caution Against Diving into Non-Compete/Trade Secret Litigation Where the Facts Supporting a Violation are Unknown or Questionable |
Faegre Drinker |
Aug 16 2012 |
Another California Court of Appeal Struggles to Come To Grips with Arbitration |
Barnes & Thornburg LLP |
Aug 16 2012 |
Northern District of Illinois Holds that Plaintiffs’ Proposal of a Consolidated Trial May Trigger Federal Jurisdiction Under CAFA as a Mass Action |
Dinsmore & Shohl LLP |
Aug 15 2012 |
Florida Rules to Address Electronically Stored Information |
Lowndes, Drosdick, Doster, Kantor & Reed, P.A. |
Aug 15 2012 |
Third Circuit vacates order granting the defendant leave to appeal an order remanding a class action case to state court where post-remand the state court dismissed the case |
Dinsmore & Shohl LLP |
Aug 15 2012 |
Federal district court in NY holds CAFA’s Home State Exception is not jurisdictional, and CAFA imposes no deadline for raising the exception when an action is originally filed in federal court |
Dinsmore & Shohl LLP |
Aug 14 2012 |
Ninth Circuit reverses a remand order where the district court erroneously refused to consider jurisdictional evidence submitted by the removing party |
Dinsmore & Shohl LLP |
Aug 13 2012 |
A Sticky Situation—Secondary Considerations Require NEXUS to the Claimed Invention |
McDermott Will & Emery |
Aug 13 2012 |
The Seventh Circuit holds that 28 U.S.C. § 1332(d)(9) relating to securities class actions is an exception to CAFA jurisdiction, not a prerequisite |
Dinsmore & Shohl LLP |
Aug 13 2012 |
The Eighth Circuit holds that stipulations filed contemporaneously with a complaint limiting damages to an amount below CAFA’s jurisdictional threshold may be used to defeat CAFA jurisdiction |
Dinsmore & Shohl LLP |
Aug 12 2012 |
Non-Consumer Confusion May Factor into “Likelihood of Confusion” Analysis |
McDermott Will & Emery |
Aug 12 2012 |
The Ninth Circuit Finds in a Recent Parens Patriae Action that the Case is 99 Persons Short of a Mass Action under CAFA |
Dinsmore & Shohl LLP |
Aug 12 2012 |
False Claims Act Case Questioning Quality of Laboratory Services Unsealed in New Mexico |
Mintz |
Aug 12 2012 |
Posner to Apple/Motorola: No Damages, No Injunction, No Trial |
McDermott Will & Emery |
Aug 12 2012 |
House Subcommittee Weighs CAFA Successes and Opportunities Seven Years after the Legislation’s Enactment |
Dinsmore & Shohl LLP |
Aug 11 2012 |
An Arkansas District Court Holds That a Stipulation as to the Amount in Controversy Contained in the Body of the Complaint is Sufficient to Defeat CAFA Jurisdiction |
Dinsmore & Shohl LLP |
Aug 10 2012 |
The Seventh Circuit Examines CAFA Amount in Controversy Evidence under the Legally Impossible Standard |
Dinsmore & Shohl LLP |
Aug 10 2012 |
Tax Court Makes Significant Amendments to Privilege and Discovery Rules |
McDermott Will & Emery |
Aug 10 2012 |
A Federal District Court in Florida Awards Attorneys’ Fees to the Plaintiff Based on the Defendants’ Improvident Removal of the Case Pursuant to CAFA More than Two Years After the State Court Complaint was Filed |
Dinsmore & Shohl LLP |
Aug 9 2012 |
The Second Circuit Interprets the Securities Exception to CAFA Jurisdiction and Remands a Case to State court |
Dinsmore & Shohl LLP |
Aug 9 2012 |
A California District Court Holds that Defendant’s Proof of Amount in Controversy Falls Short of Both the Preponderance of the Evidence and the Legal Certainty Standards |
Dinsmore & Shohl LLP |
Aug 7 2012 |
Judge Clamps Down on DOJ Efforts to Apply U.S. Law Abroad |
Ifrah Law |
Aug 5 2012 |
California Court of Appeal Decision Shows Lingering Hostility to Arbitration Agreements Despite Concepcion |
Barnes & Thornburg LLP |
Aug 4 2012 |
USPTO Issues Interim Examination Procedure for Subject-Matter Eligibility Analysis Under Prometheus |
McDermott Will & Emery |
Aug 3 2012 |
Florida Courts Adopt Rules Specifically Addressing Electronic Discovery |
Morgan, Lewis & Bockius LLP |
Aug 2 2012 |
Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action |
Mintz |
Aug 2 2012 |
Non-Settling Insurer Had No Right to Seek Equitable Contribution |
Neal, Gerber & Eisenberg LLP |
Jul 30 2012 |
Offers of Judgment Support Dismissal of Wage and Hour Claims |
Barnes & Thornburg LLP |
Jul 30 2012 |
Rejecting Milward: A “Weight of the Evidence” Methodology is No Methodology At All |
Barnes & Thornburg LLP |
Jul 28 2012 |
Failure to Issue Written Legal Hold Is Not Gross Negligence Per Se |
Morgan, Lewis & Bockius LLP |
Jul 26 2012 |
Search and Collection of Data Efforts Critiqued in FOIA Case |
Morgan, Lewis & Bockius LLP |
Jul 26 2012 |
The Latest, but Perhaps Not Last, Word on the Pleading Requirements for Direct and Indirect Infringement |
Sills Cummis & Gross P.C. |
Jul 25 2012 |
Ninth Circuit Takes a Bite Out of Kellogg Mini-Wheats Cereal Class Action Settlement |
Mintz |
Jul 20 2012 |
Indiana Supreme Court Nixes Summary Judgment on Alleged Fraudulent Nature of "Out of Trust" Sales |
Barnes & Thornburg LLP |
Jul 17 2012 |
Exit the Dragon: Tenth Circuit Affirms Dismissal of Cybersquatting Claim on Bruce Lee’s “Jeet Kune Do” Mark Brought by Non-Owner Martial Arts Instructor |
McDermott Will & Emery |
Jul 14 2012 |
Board’s Invalidity Finding Is Affirmed, Notwithstanding District Court’s Prior Validity Ruling |
McDermott Will & Emery |
Jul 12 2012 |
Take This Tip: Class Actions Suits Under the Massachusetts Tip Act Are on the Rise |
Greenberg Traurig, LLP |
Jul 12 2012 |
RCC Consultants Will Pay $45,000 to Settle EEOC Disability Discrimination Lawsuit |
U.S. Equal Employment Opportunity Commission |
Jul 12 2012 |
Party Seeking Preliminary Injunction Must Demonstrate a Nexus Between the Patented Feature and the Consumers’ Decision to Purchase Its Product |
McDermott Will & Emery |
Jul 11 2012 |
Ambiguous Incorporation-by-Reference Language Breaks Continuity Link |
McDermott Will & Emery |
Jul 10 2012 |
Complaints Need Not Include Facts Which Would Support a Prima Facie Case of Discrimination under McDonnell Douglas |
Barnes & Thornburg LLP |
Jul 10 2012 |
Foreign Defendants Cannot Avoid Personal Jurisdiction in One District by Consenting to Personal Jurisdiction in Another |
McDermott Will & Emery |
Jul 10 2012 |
Federal Circuit Affirms Jury Verdict of Invalidity Based on On-Sale Bar and Public Use |
McDermott Will & Emery |
Jul 9 2012 |
Secondary Considerations Evidence Must Be Considered Before a Court Reaches a Decision on Obviousness |
McDermott Will & Emery |
Jul 9 2012 |
Twombly and Iqbal Redux; Form 18 Is the Pleading Standard for Direct Infringement |
McDermott Will & Emery |
Jul 8 2012 |
The Final Curtain Call? Not Quite Yet New Standard of Review for Willfulness |
McDermott Will & Emery |
Jul 8 2012 |
Supreme Court: Juries Must Determine Facts That Increase Maximum Criminal Fines |
McDermott Will & Emery |
Jul 8 2012 |
Michigan Appellate Court Allows Bank to Foreclose by Advertisement |
Varnum LLP |
Jul 8 2012 |
New Jersey Court Affirms Sanction Against Law Firm For Losing Emails |
Faegre Drinker |