Federal Litigation: Updates

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  • Court and Judge Rules Update: March 22-28, 2017 Published on March 28, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between March 22 and 28, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • What's Market Class Action Settlement Agreements for the Month of March 2017 Published on March 24, 2017 Legal update: archive

    A list of class action settlement agreement summaries recently published by What’s Market. What's Market provides a continuously updated database of summaries that helps counsel draft class action settlement agreements by analyzing and comparing a selection of recent court approved agreements, including class definitions, types of relief and settlement amount, fees, objection and opt-out procedures and blow-up provisions. The summaries contain links to the underlying documents.

  • Court and Judge Rules Update: March 8-14, 2017 Published on March 14, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between March 8 and 15, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • Rule 68 Offers of Judgment Are Legal Nullities: Second Circuit Published on March 09, 2017 Legal update: archive

    In Geismann v. ZocDoc, Inc., the US Court of Appeals for the Second Circuit held an unaccepted Rule 68 offer of judgment is a legal nullity, regardless of that offer's terms.

  • Court and Judge Rules Update: March 1-7, 2017 Published on March 07, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between March 1 and 7, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • Second Circuit Amends Decision to Clarify the Applicable Law for the Enforcement of Foreign Arbitral Award Published on March 06, 2017 Legal update: archive

    In CBF Indústria de Gusa S/A v. AMCI Holdings, Inc., the US Court of Appeals for the Second Circuit clarified that the applicable law for enforcing a foreign arbitral award against the alleged alter-egos of a defunct award‐debtor is the law of the enforcing jurisdiction.

  • Court and Judge Rules Update: February 22-28, 2017 Published on February 28, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between February 22 and 28, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • The Safe Harbor Provision of Rule 508 is Available to Defendants in SEC Enforcement Actions: Eleventh Circuit Published on February 27, 2017 Legal update: archive

    On February 23, 2017, in SEC v. Levin, the US Court of Appeals for the Eleventh Circuit held that the safe harbor provision of Regulation D's Rule 508(a) is available to a defendant in an SEC enforcement action based on a failure to register securities under Section 5 of the Securities Act.

  • What's Market Class Action Settlement Agreements for the Month of February 2017 Published on February 24, 2017 Legal update: archive

    A list of class action settlement agreement summaries recently published by What’s Market. What's Market provides a continuously updated database of summaries that helps counsel draft class action settlement agreements by analyzing and comparing a selection of recent court approved agreements, including class definitions, types of relief and settlement amount, fees, objection and opt-out procedures and blow-up provisions. The summaries contain links to the underlying documents.

  • DOJ Issues New Guidance on Corporate Compliance Programs Published on February 22, 2017 Legal update: archive

    The Department of Justice (DOJ) has released new guidance, entitled Evaluation of Corporate Compliance Programs. This guidance covers important topics and provides sample questions that the DOJ's Fraud Section considers when it evaluates the effectiveness of a corporate compliance program.

  • Fourth Circuit Clarifies Abstention Under the Colorado River Doctrine Published on February 22, 2017 Legal update: archive

    In vonRosenberg v. Lawrence, the US Court of Appeals for the Fourth Circuit held that the district court's abstention under the Colorado River abstention doctrine was an abuse of discretion because the state and federal actions were not parallel.

  • Court and Judge Rules Update: February 15-21, 2017 Published on February 21, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between February 15 and 21, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • District Court Lacks Subject Matter Jurisdiction After Party Severs State Law Crossclaim Against Non-Diverse Parties: Ninth Circuit Published on February 16, 2017 Legal update: archive

    In Herklotz v. Parkinson, the US Court of Appeals for the Ninth Circuit held that after a party severed his state law crossclaim against non-diverse parties, the district court lacked subject matter jurisdiction. The court lacked original jurisdiction over the crossclaim, and the severance created a new, independent case which could no longer proceed in federal court based on supplemental jurisdiction.

  • Affidavit Attached to a Complaint Is Not a "Written Instrument" under FRCP 10(c): Second Circuit Maintained Legal update: archive

    In Smith v. Hogan, the US Court of Appeals for the Second Circuit held that an affidavit attached as an exhibit to a complaint is not a "written instrument" deemed part of the complaint pursuant to Federal Rule of Civil Procedure (FRCP) 10(c). The allegations contained in the affidavit therefore cannot be considered in a motion to dismiss. The decision highlights a circuit split on this question, with the Second and Third Circuits holding that an attached affidavit is not a written instrument, and the Seventh Circuit holding that an affidavit is.

  • Court Has Discretion to Award Attorneys' Fees From Common Fund or Fee Shifting: Eighth Circuit Published on February 14, 2017 Legal update: archive

    In McKeage v. TMBC, LLC, the US Court of Appeals for the Eighth Circuit held in a case of first impression that, when a district court awards attorneys' fees to class counsel, the existence of a common fund does not automatically preclude fee payment under a contract's fee-shifting provision. Because there is no relevant statutory scheme for contractual fee-shifting, a district court must use its discretion and apply equitable principles to determine how to pay the plaintiffs' attorneys.

  • Bush Administration Officials Immune From Iraq War-Related Tort: Ninth Circuit Published on February 14, 2017 Legal update: archive

    In Saleh v. Bush, the US Court of Appeals for the Ninth Circuit held that former Bush administration officials were entitled to official immunity under the Westfall Act from a suit alleging violations of the Alien Tort Statute (ATS) related to the 2003 invasion of Iraq.

  • Court and Judge Rules Update: February 8-14, 2017 Published on February 14, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between February 8 and 14, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • Temporary Restraining Order on Travel Ban Executive Order Upheld: Ninth Circuit Published on February 10, 2017 Legal update: archive

    In State of Washington v. Trump, the US Court of Appeals for the Ninth Circuit unanimously upheld a district court's grant of a temporary restraining order (TRO) blocking enforcement of key aspects of President Donald Trump's Executive Order "Protecting the Nation From Foreign Terrorist Entry Into the United States," issued on January 27, 2017.

  • Court and Judge Rules Update: February 1-7, 2017 Published on February 07, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between February 1 and 7, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • District Court Improperly Included Delay-Based Administrative Costs in Appeal Bond: Eighth Circuit Published on February 06, 2017 Legal update: archive

    In In re: Target Corporation Customer Data Security Breach Litigation, the US Court of Appeals for the Eighth Circuit held that under Federal Rule of Appellate Procedure (FRAP) 7, an appeal bond only includes costs that the prevailing appellate litigant can recover under an applicable rule or statute.

  • Fifth Circuit Clarifies Anti-Kickback Requirements Published on February 03, 2017 Legal update: archive

    In United States v. Kellogg Brown & Root, Inc., the US Court of Appeals for the Fifth Circuit clarified Anti-Kickback Act requirements, holding that corporations are liable only for the violations of employees whose authority, responsibility, or managerial role within the corporation are such that their knowledge is imputable to the corporation.

  • Seventh Circuit Clarifies Appealability of Orders in Ancillary Actions Published on February 03, 2017 Legal update: archive

    In P.H. Glatfelter Co. v. Windward Prospects Ltd., the US Court of Appeals for the Seventh Circuit held that where a district court enters an order in an ancillary action and that district court is located in the same circuit as the district court handling the main action, the order in the ancillary action is interlocutory and not immediately appealable.

  • In Diversity Cases, State Collateral Estoppel Law Dictates Impact of Prior Judgment: Eleventh Circuit Published on February 03, 2017 Legal update: archive

    On January 30, 2017, in CSX Transportation, Inc. v. General Mills, Inc., the US Court of Appeals for the Eleventh Circuit held that in diversity cases, state collateral estoppel law dictates the preclusive effect of a prior judgment.

  • TCPA Plaintiff Alleged Concrete Injury Under Spokeo, but Did Not Adequately Revoke Prior Consent to Text Communications Under TCPA: Ninth Circuit Published on January 31, 2017 Legal update: archive

    In Van Patten v. Vertical Fitness Group, the US Court of Appeals for the Ninth Circuit held that a TCPA plaintiff alleged a concrete and particularized injury sufficient to confer standing under Spokeo v. Robins. Additionally, the Ninth Circuit held that, under the TCPA, a plaintiff may revoke consent to receive telephone or text communications by clearly expressing the plaintiff's desire to not be called or texted.

  • Court and Judge Rules Update: January 25-31, 2017 Published on January 31, 2017 Legal update: archive

    This Legal Update reports on significant changes to the local civil and criminal rules and procedures for all US federal district courts and appellate courts between January 25-31, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

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