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  • Article

    Second Circuit Holds That Delayed, Market-Tracking Stock Drop Dooms Loss Causation

    The Second Circuit has established a new "heightened burden" for securities fraud plaintiffs when stock price declines are delayed and coincide with broader market movements. This landmark decision addresses how plaintiffs must plausibly connect alleged corrective disclosures to subsequent losses when the stock initially rises and later declines track general market trends.
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Second Circuit Reverses Its Trend In Class Certification Cases And Requires Proof Beyond "Some Showing" Of Each Element Of Rule 23

    The United States Court of Appeals for the Second Circuit this week squarely rejected the trend within that circuit to limit the showing that plaintiffs must make when seeking class certification.
    United States
Litigation, Mediation & Arbitration
Sutherland Asbill & Brennan LLP
Sutherland Asbill & Brennan LLP
  • Article

    Second Circuit Upholds Confirmation Of Mexican Arbitration Award And Denial Of Comity To A Contrary Mexican Judgment

    On December 12, 2013, we reported on a United States District Court's confirmation of a roughly $400 million Mexican arbitration award entered against an oil company affiliated with the Mexican government.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Seventh Circuit Holds Pay-If-Paid Provisions Are Not Void Under Indiana Public Policy

    On May 11, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a decision in BMD Contractors, Inc. v. Fidelity and Deposit Company of Maryland (No. 11-1345), affirming a lower court summary judgment in favor of a surety on a payment bond.
    United StatesLitigation, Mediation & Arbitration
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Seventh Circuit Reverses Order Denying Costs Because The Case Was "Close"

    Pileco arose out of a dispute regarding an allegedly defective 40-ton trench-cutting machine, sold by Pileco to Slurry for use on a Corps of Engineers project.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Southern District Of New York Grants Motion To Dismiss Securities Class Action Against Connected Fitness Company On Remand

    A federal judge dismissed securities fraud claims against a fitness company and its executives, finding that plaintiffs failed to demonstrate the company knowingly misled investors about inventory levels and pricing decisions during the COVID-19 pandemic. The court determined that the more compelling inference was that management genuinely believed their inventory strategy would meet anticipated demand, rather than intentionally concealing excess stock.
    United StatesLitigation, Mediation & Arbitration
    A&O Shearman
    A&O Shearman
  • Article

    Summary Judgments In Texas Are About To Be Re-Written

    The Texas Supreme Court may be re-writing summary judgments in Texas.
    United StatesLitigation, Mediation & Arbitration
    Jones Walker LLP
    Jones Walker LLP
  • Article

    Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

    The Supreme Court's decision squarely rejects the Ninth Circuit's extension of equitable principles to modify the appeals deadline.
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Texas Appellate Court Rules On Discoverability Of Settlement Agreements

    In In re GreCon, Inc., a Texas appellate court recently addressed when a party must produce settlement agreements.
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    The Appellate Record Blog: Fifth Circuit Update: ADA Goes En Banc and Two Preemption Decisions

    It has been awhile since we touched on the Fifth Circuit, but the MIghty Mighty Fifth neither slumbers nor sleeps
    United StatesLitigation, Mediation & Arbitration
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    The Appellate Record Blog: Shooting Canons Out Of Your Cannon

    Hat tip to the ABA Blog for another tale of woe about attorneys who worsened their fate with bad spelling.
    United StatesLitigation, Mediation & Arbitration
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    The Appellate Record Blog: The Most Interesting Appellate Lawyer In The World

    It's hard to get a moment's rest when you are the "Appellate Record.
    United StatesLitigation, Mediation & Arbitration
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    The Appellate Record Blog: UTCLE Supreme Court Update

    You have come to the right place to get the 2012 Supreme Court update to be presented at the UT Conference on State and Federal Appeals.
    United StatesLitigation, Mediation & Arbitration
    Hunton Andrews Kurth LLP
    Hunton Andrews Kurth LLP
  • Article

    The Bluebook, Van Halen, And Brown M&Ms . . . .

    There's a connection here, I swear it. Rumor has it that Van Halen's 1982 tour rider contained a requirement that the venue provide the band with a bowl of M&Ms . . . less the brown ones.
    United StatesLitigation, Mediation & Arbitration
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Third Circuit Restricts Interlocutory Appeals Of Unfavorable Privilege Rulings

    Appellate courts traditionally allowed several options for seeking interlocutory appeals of trial court rulings ordering the disclosure of privileged communications or documents.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Unsworn Declarations – Verifying Pleadings Under The Delaware Uniform Unsworn Foreign Declarations Act

    The question becomes, how can a party file a complaint in the Court of Chancery if the declarant is not located within the United States and unable to access a notary public to verify the pleading?
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Website Tracking Claims Find Very Low Threshold For Article III Standing In Federal Court

    For website tracking cases involving data privacy, a business’s ability to prevail in a motion to dismiss for lack of Article III standing just took a step backward.
    United StatesLitigation, Mediation & Arbitration
    FBT Gibbons
    FBT Gibbons
  • Article

    What To Look For In An Unbiased And Objective Forensic Accounting Assessment

    Prosecuting and defending attorneys, as well as courts, require unbiased and objective expertise when assessing financial matters related to litigation.
    United StatesLitigation, Mediation & Arbitration
    DiGabriele, McNulty, Campanella & Co., LLC
    DiGabriele, McNulty, Campanella & Co., LLC
  • Article

    Where Do Courts Look When Determining Whether A Litigant Has Proven Attorney Client Privilege Or Work Product Protection?: Part II

    Some courts rely on affidavits or some other extrinsic evidence when assessing a protection claim – rather than a reviewing of the documents themselves, while other courts takes exactly the opposite position.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    You May Want To Keep That Opinion To Yourself - Commercial Division Considers Whether A Legal Opinion Letter Triggers Personal Jurisdiction Under The CPLR

    In "Burt v. Secure Telemedicine, LLC", the Commercial Division reconfirmed the need for specific allegations of personal contact with the state of New York.
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Showing 461–480 of 4287 results

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