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  • Article

    The (Tragedy?) (Comedy?) (History?) Of Removal Timing

    Recent amendments to the federal removal statute and to the Texas Rules of Civil Procedure have made the plot of that drama a little different than it used to be.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Third Circuit Holds That Arguments Incorporated By Reference To Lower Court Briefs Are Waived

    The district court did not address the matter but the appellant argued that it was ripe for the Third Circuit's consideration because it was subject to de novo review.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
Article

Ultra-Processed Food Manufacturers Face New Litigation Challenges In California And Beyond

San Francisco's groundbreaking lawsuit against major food manufacturers alleges that ultra-processed foods were engineered to be addictive and deliberately marketed to vulnerable communities while concealing known health risks. This government enforcement action employs public nuisance and unfair competition theories that could fundamentally reshape how packaged foods are regulated, manufactured, and marketed across the United States. Meanwhile, recent federal court decisions reveal the steep causation chal
United StatesLitigation, Mediation & Arbitration
Greenberg Traurig
Greenberg Traurig
  • Article

    Unexpected Dismissal By Supreme Court Leaves Intact Ninth Circuit Decision Holding That Violation Of A Statutory Right, Without Actual Damage, Confers Article III Standing

    A Supreme Court decision long-awaited by the class action bar and businesses was a surprise non-event last Thursday when, seven months after hearing oral arguments in First American Financial Corp. v. Edwards, the Supreme Court issued an order dismissing the writ of certiorari in the case as improvidently granted.
    United StatesLitigation, Mediation & Arbitration
    Perkins Coie LLP
    Perkins Coie LLP
  • Article

    Upcoming Supreme Court Case Highlights Appealability Pitfalls When Cases Are Consolidated

    Consolidation of cases in federal courts can take many forms. Sometimes cases are consolidated for all purposes.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    U.S. Supreme Court Defines Plaintiffs’ Burden to Plead and Prove "Loss Causation" in Securities Fraud Cases

    Earlier this week, in a unanimous decision that could provide a significant defense in class actions alleging securities fraud, the United States Supreme Court held that plaintiffs in those actions must allege and prove that the defendants’ allegedly false and misleading statements were the proximate cause of the plaintiffs’ economic losses.
    United StatesLitigation, Mediation & Arbitration
    DLA Piper Rudnick Gray Cary
    DLA Piper Rudnick Gray Cary
  • Article

    What is a Medicare Administrative Resolution to a Provider Reimbursement Review Board Appeal Worth? In Certain Cases, Apparently Not Much

    In the case of <I>Michael Reese Hospital v. Tommy Thompson</I>, No. 03 C 6034 (N.D. Ill. 2004), District Court Judge James B. Zagel dismissed an action filed by Michael Reese Hospital to enforce an Administrative Resolution it had entered into with its fiscal intermediary .
    United StatesLitigation, Mediation & Arbitration
    Reed Smith
    Reed Smith
  • Article

    When Can You Moot A Lawsuit That You Brought Yourself?

    The Supreme Court recently had occasion to apply the doctrine in the case of Already, LLC v. Nike, Inc., 133 S.Ct. 721.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    When Serving Process By Mail, You Can't Send It To The Wrong Address

    If personal service of a summons and complaint cannot be accomplished, a plaintiff in Wisconsin is permitted to serve process by publication.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    You Have Not Been Served: Superior Court Denies Motion For Order To Allow Alternative Method Of Service Of Process

    On January 23, 2013, the Delaware Superior Court in McLeod v. McLeod, C.A. No. N11C-03-111 (Brady, J.) denied Plaintiff Steven A. McLeod’s Motion for Order to Allow Alternative Method of Service of Process.
    United StatesLitigation, Mediation & Arbitration
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Legal Update: Temporary Injunction Granted In Sorsby v. NCAA

    A Texas state court has granted quarterback Brendan Sorsby a temporary injunction allowing him to play for Texas Tech in 2026 despite the NCAA declaring him permanently ineligible for violating sports wagering rules. The court found that Sorsby's gambling addiction and mental health issues, combined with his rehabilitation efforts, warranted relief from the NCAA's enforcement action, raising questions about judicial oversight of NCAA eligibility decisions.
    United StatesMedia, Telecoms, IT, Entertainment
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    SJC Blocks Rent-Control Initiative From 2026 Ballot — Massachusetts’s Statewide Prohibition On Rent Regulation Remains Intact

    Today the Massachusetts Supreme Judicial Court held that Initiative Petition 25-21, which would have repealed the statewide ban on rent control and capped annual residential rent increases at 5% or CPI...
    United StatesReal Estate and Construction
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Decision Limiting OSHA’s Jurisdiction Over Rail-Related Operations Remains Standing After 8th Circuit Denies Rehearing Petition

    The Federal Railroad Administration preempts OSHA’s jurisdiction over working conditions on top of railcars in the Eighth Circuit.
    United StatesTransport
    BakerHostetler
    BakerHostetler
  • Article

    District Court Grants Temporary Restraining Order In Phoebe Putney Litigation

    The next step of the on-going Phoebe Putney litigation is completed.
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Fifth Circuit Requires Daubert "Inquiry" Upon Proper Objection

    In a case of first impression, the Fifth Circuit joins other circuits in holding that, following a timely objection, a trial court is required to conduct a Daubert inquiry and make findings on the record.
    United StatesConsumer Protection
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    T&E Litigation Update: "Purcell v. Landers"

    In "Purcell v. Landers", Case No. 10-P-1757, 2011 Mass. App. Unpub. LEXIS 1251 (Dec. 6, 2011), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed in part and reversed and remanded in part the probate court's disposition of a will contest
    United StatesConsumer Protection
    Day Pitney LLP
    Day Pitney LLP
  • Article

    DOJ’s Inquiries Into Gender-Affirming Care Face Mounting Legal Challenges

    The Department of Justice’s investigations into providers of gender-affirming medical care are putting the department on a collision course with both providers seeking to quash the subpoenas as unlawful...
    United StatesCriminal Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    PETA Strikes Out In Challenge To Iowa “Ag Gag” Law

    Iowa's amended criminal trespass statute prohibits camera use during trespassing incidents, raising questions about First Amendment protections for activists filming on private property.
    United StatesCriminal Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Supreme Court Declines Review In Shaygan Case

    On November 13, 2012, the United States Supreme Court denied a petition for a writ of certiorari in the case of U.S. v. Shaygan.
    United StatesCriminal Law
    Nutter McClennen & Fish LLP
    Nutter McClennen & Fish LLP
  • Article

    Chevron Doctrine No More: What The Supreme Court's Ruling Means For Agency Authority

    On June 28, 2024, the Supreme Court invalidated the Chevron doctrine, nearly 40 years after it first took effect. The Chevron doctrine is a longstanding standard for decision-making that required Federal courts to defer...
    United StatesEnergy and Natural Resources
    Brennan Manna & Diamond
    Brennan Manna & Diamond
  • Showing 681–700 of 4296 results

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