Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more
In Oklahoma v. Castro-Huerta, decided on the second to last day of the 2021-2022 term, the Supreme Court held 5-4 that Oklahoma had concurrent jurisdiction with the federal government over crimes committed by non-Indians...more
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022) Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...more
On May 3, 2022, the California Court of Appeal issued its decision in Shaw v. Superior Court, 78 Cal. App. 5th 245, 2022 WL 1400806 (2022), holding that in cases where two or more pending Private Attorneys General Act (PAGA)...more
In a recent decision, the California Court of Appeal held that the doctrine of exclusive concurrent jurisdiction applies to a Private Attorneys General Act (PAGA) representative action in Shaw v. The Superior Court of Contra...more
The Chancery Court is now up and running in Wyoming. Its stated purpose is “to provide a forum for streamlined resolution of commercial, business and trust cases.” The goal is to resolve business and trust cases in a more...more
The Bullet Point: Ohio Commercial Law Bulletin Does the Savings Statute Save My Claim? Volume 4, Issue 16 August 26, 2020 Jim Sandy and Stephanie Hand-Cannane Savings Statute Moore v. Mt. Carmel Health Sys., Slip...more
On June 22, 2020, the Federal Energy Regulatory Commission (“FERC”) issued an order in response to a Petition for Declaratory Order (“Petition”) filed by ETC Tiger Pipeline, LLC (“ETC Tiger”), finding that FERC has concurrent...more
In Salzberg v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020), the Delaware Supreme Court upheld the validity of corporate charter provisions designating federal courts as the exclusive forum for the litigation of claims...more
On March 18th, the Delaware Supreme Court issued a key decision upholding the validity of corporate charter provisions that designate federal courts as the exclusive forum for the litigation of 1933 Act claims. This opinion...more
The big news yesterday in corporate jurisprudence was the Delaware Supreme Court's decision in Salzberg v. Sciabacucchi in which the Delaware Supreme Court upheld forum selection charter provisions that require claims under...more
On Jan. 25, 2019 – just days before Pacific Gas and Electric (PG&E) proposes to file its bankruptcy case – the Federal Energy Regulatory Commission (FERC) issued an order asserting its concurrent authority to approve proposed...more
On December 19, 2018, the Delaware Court of Chancery held that forum selection provisions contained in the certificate of incorporation of Delaware corporations are invalid to the extent that they require any claim under the...more
If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more
The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more
Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendants claimed a state court did not have jurisdiction to hear a class action lawsuit alleging violations of the Securities Act of 1933. The court...more
No procedural or jurisdictional issues in Georgia fiduciary litigation can cause as much headache as the sometimes exclusive and sometimes concurrent jurisdiction of the superior and probate courts. The Georgia Court of...more
The Advent of Emergency Arbitration Provisions - In recent years, and in response to user demand, almost all of the world’s leading international arbitration institutions have changed their rules to allow parties to...more