LawSites

APRIL 26, 2022

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. The judge also let stand a ROSS counterclaim under Section 1 of the Sherman Act, which prohibits “every contract … or conspiracy, in restraint of trade or commerce.” Judge Leonard P.

Litigation 75

Litigation Litigating Legal Research Legal 75

NewmanFerraraLLP

DECEMBER 15, 2022

In litigation filed in both California state and federal courts, plant-based food company, Beyond Meat, was sued by Don Lee Farms, a former collaborator, who alleged BM was guilty of false advertising and contract breach. Parties Get to the Meat of the Matter. Both sides are satisfied with the outcome.”

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Litigation Litigating Manufacturing Contract 52

Conflict of Laws

FEBRUARY 18, 2024

To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. Therefore, our paper provides the first comparative global perspective of the enforcement of implied jurisdiction in international contracts.

Contract 70

Contract Litigation Litigating Civil Law 70

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.

Contract 86

Contract Laws Statute Litigation 86

JURIST

JUNE 16, 2022

The US Supreme Court ruled 8-1 Wednesday that the Federal Arbitration Act (FAA) partially preempts a California law that invalidates waivers of the right to assert representative claims under the California Private Attorneys General Act (PAGA). Moriana’s employment contract contained a mandatory arbitration agreement.

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Court Rules Court Laws Contract 204

Knackly

APRIL 26, 2023

They provide legal advice and services, representing individuals and organizations in court cases, contracts, transactions, and an almost unending number of other matters. All too often, attorneys must put in extra time and effort to ensure that all of the information is accurate and ready for court.

Attorney 52

Attorney Litigation Litigating Legal Documents 52

Patently O

FEBRUARY 7, 2023

Each of the six new infringement lawsuits infringe both patent infringement as well as breach of contract for saving and planting seed down in the Missouri Bootheel. So far, none of the farmers have lodged an appearance in court. Bayer CropScience LP v. Pierce, Docket No. 4:23-cv-00088 (E.D. Jan 25, 2023) Bayer CropScience LP v.

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Litigation Litigating Contract Court 73

Law 360

AUGUST 11, 2023

The past week in London has seen Eversheds Sutherland face a breach of contract claim from the University for the Creative Arts, solar energy investor 9REN bring its €41.8 million energy regulation spat with Spain to the High Court, and the National Basketball Association aim for a slam dunk in an appeal against the Pizza Texas Bulls' U.K.

Litigation 52

Litigation Litigating Contract Court 52

SCOTUSBlog

OCTOBER 6, 2023

For the readers who decided to continue past my opening paragraph, Great Lakes Insurance falls within the admiralty power of the federal courts, which authorizes the federal judiciary to articulate a federal common law for maritime contracts. Great Lakes Insurance involves a maritime insurance contract.

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Contract Laws Court Law School 98

OilandGasLawyer

DECEMBER 21, 2020

Texas courts are very reluctant to hold that oil and gas lease provisions are ambiguous. These instruments affect title to land, and if an instrument is ambiguous it inserts uncertainty into land titles and results in litigation over the parties’ intent using extrinsic evidence, usually before a jury. Continue reading ?.

Litigation 52

Litigation Litigating Court Contract 52

At the Lectern

JANUARY 12, 2022

Tomorrow morning, the Supreme Court will file its opinions in Olson v. Pro tem justices are sitting in place of Justice Mariano-Florentino Cuéllar, who left the court at the end of October. Pro tem justices are sitting in place of Justice Mariano-Florentino Cuéllar, who left the court at the end of October. In Olson v.

Litigation 53

Litigation Litigating Contract Court 53

SCOTUSBlog

MARCH 24, 2022

Share The current Supreme Court is undoubtedly pro-arbitration – but after Monday’s oral argument in Morgan v. At the same time, the justices seemed to differ over why that was, and what standard the court should adopt for future cases. The district court decided that by delaying, Sundance waived its right to demand arbitration.

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Contract Law Contract Laws Litigation 78

FDA Law Blog

MARCH 24, 2024

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state. Code Ann. § 23-92-604(c)(1), (2) (Act 1103). & Mfrs.

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Manufacturing Contract Laws Statute 59

JURIST

JUNE 21, 2022

The Supreme Court of the United States Tuesday released a decision in United States v. The 2018 Washington law was intended to ensure easier access to worker’s compensation for federal contract workers. A major concern for the court was the increased cost to the federal government the law created. Washington.

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Court Contract Government Litigation 118

Law 360

OCTOBER 20, 2023

The past week in London has seen credit score agency Equifax hit with a class action suit over a data breach compromising 14 million consumers’ data, scuppered law firm High Street Solicitors accused by a fund management company of breaching its contract, and Lenovo bring its 5G patent dispute with Ericsson to the High Court.

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Litigation Litigating Law Firm Law Firms 40

SCOTUSBlog

OCTOBER 10, 2023

Although neither party to the contract is from New York, the insurance contract selected New York law, as these contracts typically do. The contract calls for New York law, so the justices have to decide whether federal courts should respect that contract. The first is the 1955 decision in Wilburn Boat Co.

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Contract Laws Court Statute 90

Mondaq

JULY 29, 2022

This webinar will explore the options for foreign organizations in managing and resolving business contract disputes with Indian parties including contract drafting, mediation, conciliation, expert determination, litigation in the Indian courts, litigation in foreign courts, domestic arbitration, and international arbitration.

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Contract Drafting Litigation Litigating 40

Conflict of Laws

APRIL 9, 2024

In the landmark case of TransAsia Private Capital vs Gaurav Dhawan , the Delhi High Court clarified that Indian Courts are not automatically required to determine and apply the governing law of a dispute unless the involved parties introduce expert evidence to that effect.

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Laws Court Contract Government 67

SCOTUSBlog

FEBRUARY 27, 2024

Instead, a court (often a California state court or the U.S. Court of Appeals for the 9th Circuit, appeals court in California) refuses to send the dispute to arbitration. In the great majority of those cases, the justices disagree and reverse the decision of the lower court protecting the customer from arbitration.

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Court Contract Litigation Litigating 87

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

Government 111

Government Court Litigation Litigating 111

Patently O

JANUARY 27, 2021

The FRAND commitments themselves, in turn, often are interpreted as binding contracts for the benefit of third parties (that is, for the benefit of implementers). The second is that, because patents are territorial, courts often have been reluctant to adjudicate foreign patent rights. Read: Thomas F. GlobalFRANDLitigation ).

Litigation 94

Litigation Litigating Laws Technology 94

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. They contracted to travel on the cruise in different parts of the world, and according to Princess, were subject to different terms and conditions subject to different systems of law. The ship is registered in Bermuda.

Contract 70

Contract Laws Court Statute 70

Conflict of Laws

DECEMBER 2, 2023

Introduction Third Party Litigation Funding (TPLF) has been one of the key topics of discussion in European civil litigation over the past years, and has been the topic of earlier posts on this forum. Most importantly, it emphasises that the control of the litigation should remain exclusively with the claimant organisation.

Court 83

Court Litigation Litigating Finance 83

Conflict of Laws

AUGUST 9, 2021

Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law. This blog post is part of the article ‘Tort Conflicts Rules in Cross-border Multi-party Litigation: Which Law Has a Closer or the Closest Connection?’ By Zhen Chen, PhD Researcher, University of Groningen.

Tort 52

Tort Litigation Litigating Laws 52

Conflict of Laws

JANUARY 21, 2024

The Supreme Court of Canada has granted leave to appeal in Sinclair v Venezia Turismo. In light of the test for obtaining leave and the relatively low number of cases in which leave is granted, this offers at least some suggestion that the top court is interested in considering the legal issues raised in the case.

Tort 57

Tort Court Contract Litigation 57

Conflict of Laws

AUGUST 23, 2021

Court of Appeals for the Eleventh Circuit issued its latest decision on foreign forum selection clauses and cruise ship contracts. The cruise line moved to dismiss the case on the basis of a forum selection clause in the ticket mandating that all disputes be resolved by a court in Genoa, Italy. contract a provision limiting.

Contract 98

Contract Personal Injury Statute Court 98

Conflict of Laws

FEBRUARY 22, 2024

Supreme Court handed down its decision in Great Lakes Insurance SE v. The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. District Court for the Eastern District of Pennsylvania.

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Court Contract Laws Statute 67

Law 360

JULY 15, 2022

Federal courts will consider several cases in the second half of 2022 that could have major impacts on government contractors, addressing issues such as the limits of the government's procurement authority and ability to dismiss whistleblower False Claims Act cases.

Contract 75

Contract Litigation Litigating Government 75

OilandGasLawyer

NOVEMBER 17, 2020

On October 28 Judge David Jones, US Bankruptcy Court for Southern District in Houston, issued a memorandum opinion in Chesapeake Energy’s bankruptcy (Case No. 20-33233), granting Chesapeake’s motion to reject its contract to sell gas to ETC Texas Pipeline. ” As the court explained, In simple terms, Sec.

Contract 52

Contract Court Court Decisions Litigation 52

SCOTUSBlog

FEBRUARY 29, 2024

Bielski the justices ordered the trial court to stay its proceedings pending the result of the seemingly interminable litigation about whether the case should go to arbitration. I thought you agreed with me … that in that situation, it’s a question for the court.” His key point is that both parties seem to agree that the U.S.

Contract 94

Contract Contract Law Litigation Litigating 94

JURIST

MAY 12, 2022

The Commonwealth of Massachusetts Thursday agreed to pay a $56 million settlement to the families of veterans who contracted COVID-19 during an outbreak at Holyoke Soldiers’ Home in 2020. The families filed the class-action lawsuit in the US District Court for the District of Massachusetts.

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Contract Attorney Litigation Litigating 197

JURIST

SEPTEMBER 12, 2021

Despite the injunction, Judge Rogers did rule in favour of Apple on significant issues such as defining the relevant market for the antitrust litigation. The post US federal district court orders injunction against Apple commission on in-app payments appeared first on JURIST - News - Legal News & Commentary.

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Metadata Court Contract Litigation 191

Law 360

SEPTEMBER 11, 2023

on Monday succeeded in its bid to pause a contract dispute with the buyer of one of its business units so that Delaware's Court of Chancery can decide whether Western Union's former in-house counsel, now the buyer's chief legal officer, can remain involved in the litigation. The Western Union Co.

Contract 52

Contract Litigation Litigating Legal 52

Conflict of Laws

JUNE 26, 2022

265/21, the CJEU is bound to add another chapter to the never-ending story of accurately describing the scope of the head of special jurisdiction for contracts in what is today Art. Is the answer different if the defendant relies on the fact that the first contract was not a contract of sale but a contract of deposit?

Contract 52

Contract Litigation Litigating Tort 52

LawSites

MARCH 1, 2023

After all, this is the company that had already launched the powerful neural net search technology AllSearch and that had pioneered products such as Compose , to help lawyers draft litigation briefs, and, in 2016 , CARA, the first product to use AI to analyze briefs. Contract policy compliance. Extract data from contracts.

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Data Review Legal Assistant Legal Assistance Contract 98

Constitutional Law Reporter

JUNE 3, 2022

Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In Morgan v.

Court 52

Court Contract Litigation Litigating 52

JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The court found for the government, therefore, Polansky filed for a writ of certiorari to the Supreme Court.

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Court Rules Court Government Statute 104