News & Analysis as of

Burden of Proof Jurisdiction

Davis Wright Tremaine LLP

Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

Conyers

Navigating Defences and the Burden of Proof on the New York Convention Chessboard: The BVI Court’s Approach

Conyers on

In its recent decision in BVIHC(COM) 2022/0169 Qu Haiping v Window of Trade International Limited and Ors, the BVI Court considered the question of the burden of proof and defences that a defendant can invoke when resisting...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

Snell & Wilmer on

Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Understanding Termination of Parental Rights in North Carolina

Grounds for Termination & Best Interests of the Child A biological parent’s right to care for and make decisions about their child is afforded great deference. However, some circumstances allow a court to terminate a parent’s...more

Butler Snow LLP

Understanding the Home State Exception to CAFA’s Diversity Jurisdiction

Butler Snow LLP on

The Class Action Fairness Act (“CAFA”), enacted in 2005, expanded federal jurisdiction over class actions. However, CAFA contains some exceptions, or instances when a federal court may not exercise jurisdiction. One such...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Wait Until Next Time

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more

King & Spalding

Quantum Quarterly – Issue 12 – 4 Quarter 2020

King & Spalding on

Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more

King & Spalding

Ninth Circuit Sua Sponte Reverses Remand Of Wage And Hour Class Action, Ruling That District Courts Must Give Defendants A Chance...

King & Spalding on

On September 3, the Ninth Circuit reversed a district court’s remand of a putative class action, holding that when a notice of removal plausibly alleges a basis for federal court jurisdiction, the district court must provide...more

Troutman Pepper

Chambers Global Practice Guide: Product Liability & Safety

Troutman Pepper on

1. Product Safety - 1.1 Legal Framework - The main laws and regulations governing product safety in the United States include: The Consumer Product Safety Act of 1972, 15 U.S.C. § 2051 et seq, created the Consumer...more

International Lawyers Network

Sexual Harassment in the Workplace: What Australian Companies Need to Know

What constitutes sexual harassment? Sexual harassment is conduct of a sexual nature, a sexual advance or a request for sexual favours that is unwelcome, where a reasonable person having regard to all the circumstances...more

Dechert LLP

Jurisdictional Gateways Following The EU Getaway

Dechert LLP on

In a recent judgment the Court of Appeal in Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV & Ors [2019] EWCA Civ 10 clarified the three-stage test which must be applied by the Court when determining an...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Midyear Update 2018

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018. In this issue, we cover three decisions granting motions to strike/dismiss class claims, five decisions denying such motions, 27 decisions...more

Knobbe Martens

Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: When another patent for a drug issues after an ANDA is filed, there can...more

Proskauer - Minding Your Business

Key Lessons From the Recent Precedential Order by Federal Circuit – Jurisdiction, Mandamus, and Privilege

On November 17, 2016, the United States Court of Appeals for the Federal Circuit published a precedential order denying a petition for a writ of mandamus to overturn a district court’s determination. In In re: Rearden LLC,...more

Moore & Van Allen PLLC

The ‘‘Burden’’ of Patent Infringement: Supreme Court Holds That Burden of Proof Remains With Patentee Even in Declaratory Judgment...

Moore & Van Allen PLLC on

The Supreme Court of the United States has made it clear that the traditional canons of litigation — including those involving jurisdiction and which party bears the burden of proof — hold true in patent cases, even those...more

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