University of Massachusetts v. L’Oréal S.A., Appeal No. 2021-1969 (Fed. Cir. June 13, 2022) - In an appeal from the U.S. District Court for the District of Delaware, the Federal Circuit addressed (1) whether the district...more
On Monday, June 13, 2022, the Federal Circuit issued an opinion in Univ. of Mass. v. L’Oréal S.A. that signals a new trend in allowing a patentee the benefit of jurisdictional discovery prior to ruling on a foreign...more
Seyfarth Synopsis: The Ninth Circuit, addressing how to prove exceptions under CAFA, reminds us that removal under CAFA might be an invitation for extensive preliminary discovery battles, and prolonged motion practice. The...more
Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International...more
Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more
In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank’s motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause was not referenced...more
On March 21, 2017, a federal judge in the Western District of Kentucky dismissed a lawsuit brought by a drone pilot, David Boggs, against the “Drone Slayer” William Merideth, a Kentucky man who shot down a drone that he...more
Under the Constitution, the federal courts are courts of “limited jurisdiction,” which essentially means that, in the absence of a specifically delineated judicial power provided under the Constitution or federal law, the...more
Fallon, M. J. Report and recommendation recommending that defendant’s motion to dismiss for lack of personal jurisdiction be dismissed without prejudice and jurisdictional discovery be allowed. The accused products are...more