Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be...more
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more
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
Harris Brumfield v. IBG LLC, Appeal No. 2022-1630 (Fed. Cir. Mar. 27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three...more
A recent decision from New York County Commercial Division Justice Joel M. Cohen highlights the hurdles that defendants face in trying to assert a fraudulent inducement defense to a breach of contract claim. Justice Cohen’s...more
In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Robert Baxley, attorney in the firm’s Litigation Practice, to explore the Eleventh Circuit’s new...more
When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more
Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023) - The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability...more
Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more
Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the...more
Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more
The Court noted that a claim generally accrues when the defendant’s wrongful conduct causes the claimant to suffer a legal injury. Id. The Court also noted that the discovery rule can defer accrual of limitations...more
In a typical qui tam case, the sequence and life cycle follow a similar trajectory. The relator files a sealed qui tam complaint in a federal courthouse in the United States. While COVID has disrupted litigation, particularly...more
Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more
Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more
Through Administrative Orders, New York state recently amended its Commercial Division rules with an eye towards streamlining discovery and clarifying points of disagreement in summary judgment motions. Attorneys and...more
It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more
In the New York County Commercial Division, Justice David B. Cohen’s ruling in B&M Kingstone, LLC v. Mega Int’l Comm. Bank Ltd., 2022 NY Slip Op. 30481(U) (Sup. Ct. N.Y. Cnty. 2022) makes clear that New York courts can compel...more
Brief Summary - The United States Court of Appeals for the Third Circuit, applying Pennsylvania law, affirmed the summary judgment that the district court granted in defendants' favor on plaintiff's alleged legal...more
Are Mom and Dad Liable for the Injury? Dog bite cases and their factual differences and distinctions abound. Liability is often based on who owned or controlled the dog. But, as a recent case illustrates, another...more
A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more
A prior post (Keyword Searching – What is it? And How Do I Do It (Well)?) offered some tips for crafting effective search terms for use in the e-discovery process. Although those tips still hold true, today’s blog offers ways...more
As we previously reported, Judge Connolly of the District of Delaware stayed the dispute between Amgen and Hospira last month, pending a determination on whether the Court should entertain summary judgment practice on the...more
A Tennessee Circuit Court recently issued an order granting default judgment as a discovery sanction against Endo Health Services, Inc. in Staubus v. Purdue Pharma, L.P., et al., No C-41916 (Tenn. Cir. Ct. Apr. 6, 2021). We...more