4,287 results found

In connection with CRD's judgment enforcement efforts against Euro-American and Mr. Cohen, CDR initiated a 2009 action against First Hotels, a Quebec corporation that Mr. Cohen created to purchase a condominium in Manhattan.

efendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards.

On January 10, 2025, the U.S. Supreme Court granted the Department of Education's petition for a writ of certiorari to review the U.S. Court of Appeals for the Fifth Circuit's decision...

Upholding summary judgment of no literal infringement, the U.S. Court of Appeals for the Federal Circuit reversed summary judgment of non-infringement under the doctrine of equivalents reasoning that the accused tumor diagnostic fell within a grey area, which the district court failed to consider.

A California district court has denied Vivek Shah's ex parte application seeking to pause a vexatious litigant order while his appeal is pending. Shah, who was previously declared a vexatious litigant for filing numerous frivolous CIPA lawsuits, waited over a month before filing the emergency application, undermining his claim of urgent need for relief.

There are inherent difficulties in applying Fourth Amendment principles designed to accommodate searches of rooms and drawers to searches of of modern technology.

Last week, the Missouri legislature passed comprehensive changes to the assessment of punitive damages in Missouri.

In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan...

By way of brief background, Defendant Plaza removed the case to District Court on Dec. 18, 2012, and Plaintiffs moved for remand.

Registered to do business in one state? This alone may subject a business to suit in that state, even if the business is headquartered in and operates its principal place of business in another state...

The U.S. District Court for the Eastern District of Virginia recently dismissed a case that challenged the constitutionality of the certificate of need (CON) law in Virginia.

On February 13, a judge in the United States District Court for the Southern District of New York denied a background screening company's motion to dismiss a putative Fair Credit Reporting Act...

A federal court in Wisconsin recently denied a haircare product dealer's motion for summary judgment on its Wisconsin Fair Dealership Law (WFDL) and breach of contract claims...

The Court of Appeals has resolved a longstanding split among New York's Appellate Division circuits regarding whether Industrial Code Section 23-4.2(k) creates vicarious liability for construction site owners under Labor Law § 241(6). The decision clarifies the critical distinction between broad safety concerns and specific statutory commands that can impose nondelegable duties on property owners in construction accident cases.

The Delaware Court of Chancery imposed significant sanctions in a merger litigation case after finding that the company's controlling stockholder and senior officers recklessly destroyed Signal messages following legal hold notices. The court shifted the burden of proof by presuming certain facts favorable to plaintiffs, requiring defendants to rebut these presumptions with clear and convincing evidence rather than a preponderance standard.

A recent Massachusetts federal court decision highlights a limitation on a Massachusetts statue prohibiting strategic litigation against public participation (the anti-SLAPP statute) as used in business disputes.

In all or nearly all litigated cases, lawyers (and sometimes witnesses) prepare documents during or after witness interviews.