JayS.Rothman&Associates

SEPTEMBER 5, 2023

In California State court, the discovery process plays a crucial role in litigation, serving the purpose of ensuring fairness, facilitating the exchange of information, and promoting efficient case resolution. A court reporter creates a transcript. This includes contracts, emails, medical records, and more.

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Litigation Litigating eDiscovery ESI 97

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 99

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

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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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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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 79

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.

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Litigation Litigating Legal Research Legal 94

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

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.

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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

Patently O

MAY 7, 2021

2021) (nonprecedential) [ Raytheon Vexatious Litigant ]. He later sued Raytheon in California state for various claims, including trade-secret misappropriation, breach of contract, discrimination, etc. California Code allows for a litigant to be defined as a “vexatious litigant” and Mankaruse was so-named.

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Litigation Litigating Depositions Contract 62

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

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 88

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

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.

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Contract Court Court Decisions Litigation 52

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.

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Contract Laws Court Statute 70

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.

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Tort Court Contract Litigation 57

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 ?.

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Litigation Litigating Court Contract 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

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.

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Litigation Litigating Contract Court 52

Conflict of Laws

MAY 31, 2021

In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.

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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.

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Attorney Litigation Litigating Legal Documents 52

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.

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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

Conflict of Laws

AUGUST 23, 2023

1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.

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Contract Laws Civil Law Procedural Law 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.

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Contract Contract Law Litigation Litigating 95

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

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.

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Contract Litigation Litigating Government 75

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.

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Litigation Litigating Contract Court 53

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?

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Contract Litigation Litigating Tort 52

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

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.

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Court Litigation Litigating Finance 83

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

The Fashion Law

AUGUST 3, 2021

” According to the complaint that it filed in a New York federal court on Monday, Liu Jo S.p.A With the foregoing in mind, Liu Jo sets out claims of breach of contract, breach of good faith and fair dealing, and unjust enrichment, and is seeking damages “in an amount to be proven at trial, but not less than $1.8

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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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SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

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