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Federal Rules of Civil Procedure Due Process

BCLP

Class Representatives in the United States

BCLP on

The efficiency of the US class action regime hinges upon a core procedural mechanism: the class representative. By permitting a large group of plaintiffs with typically modest claims to rely on a small subset of...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: May 2024

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The Texas Patent Litigation Monthly Wrap-Up for May 2024 covers three decisions addressing amendments to infringement contentions, stays while similar actions proceed, and personal jurisdiction over holding companies....more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: No Fly and State Rules

This week, the Ninth Circuit again revives a plaintiff’s challenge to the government’s (since revoked) decision to place him on the No Fly List, and it wrestles with the application of Washington State’s procedural...more

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Jones Day

Second Circuit: Discovery Statute Reaches Documents Held Overseas by U.S. Entities - Multinational corporations with U.S....

Jones Day on

The U.S. Court of Appeals for the Second Circuit recently ruled that a New York-based affiliate of a global financial institution could be forced to produce documents for use in foreign proceedings even if those documents...more

WilmerHale

Second Circuit Confirms Extraterritorial Reach of Section 1782 and Clarifies Jurisdictional Requirements

WilmerHale on

A recent Second Circuit decision provides important guidance on the scope and application of Section 1782, the expansive discovery provision that authorizes district courts to compel parties in the United States to provide...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

Foley & Lardner LLP

Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting

Foley & Lardner LLP on

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the...more

Morrison & Foerster LLP

Lawsuit Challenges New York’s Rent Reform Bill

On Monday, July 15, 2019, a group of industry trade associations and building owners filed a federal lawsuitnaming the City of New York, Rent Guidelines Board (RGB), and a number of state and local officials as defendants,...more

McManis Faulkner

Punitive Damages: A Brief Comparison of Federal and California Practice [Part 1 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

King & Spalding

Energy Newsletter - October 2016

King & Spalding on

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or...more

King & Spalding

FERC Enforcement Targets Entitled To Due Process Protections In De Novo Review Of Penalty Assessments

King & Spalding on

In a line of much-anticipated decisions, two federal district courts ruled to protect the procedural due process rights of entities targeted by FERC enforcement actions. Recent decisions in Massachusetts and the District of...more

Cadwalader, Wickersham & Taft LLP

The SEC Retains its House Advantage During Administrative Proceedings

Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked - Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more

Morgan Lewis

Federal Court Grants Full Civil Trial to FERC Enforcement Target

Morgan Lewis on

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

Morgan Lewis

Tweaking the “Home Court” Rules for SEC Administrative Proceedings

Morgan Lewis on

SEC proposes modest amendments to AP process to enhance efficiency and address concerns regarding fairness. In an effort to enhance the efficiency of its processes in administrative proceedings (APs) and bolster its...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Dorsey & Whitney LLP

SEC Use of Administrative Proceedings Challenged Again

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The SEC was granted authority in the Dodd-Frank Act to initiate administrative proceedings against non-regulated persons. In those proceedings the full range of remedies are available – a cease-and-desist order, disgorgement,...more

Smith Anderson

U.S. Supreme Court Clarifies the Limits of Twombly/lqbal

Smith Anderson on

Rejecting the "punctiliously stated 'theory of pleading'" applied by the district court and the Fifth Circuit, the U.S. Supreme Court in Johnson v. City of Shelby, Mississippi, ___ S.Ct. ___, 2014 WL 5798626 (2014), held that...more

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