Federal Litigation: Updates

displaying 1-25 of 625

  • 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.

  • 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.

  • 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.

  • Fourth Circuit Weighs in on Overtime Pleadings Standard Published on January 31, 2017 Legal update: archive

    In Hall v. DIRECTV, LLC, the US Court of Appeals for the Fourth Circuit addressed the degree of specificity required to state a claim for failure to pay overtime wages under the Fair Labor Standards Act (FLSA) and also applied the standard it articulated in Salinas v. Commercial Interiors, Inc. (a decision issued the same day) for determining whether an entity is a joint employer under the FLSA.

  • Absent Class Members' Consent Not Required for Magistrate Judge Jurisdiction: Ninth Circuit Published on January 30, 2017 Legal update: archive

    In Koby v. Helmuth, the US Court of Appeals for the Ninth Circuit held that 28 U.S.C. § 636(c) requires only the consent of the named plaintiffs and the defendant for a magistrate judge to enter final judgment in a class action. The absent class members' consent is not required.

  • What's Market Class Action Settlement Agreements for the Month of January 2017 Published on January 30, 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.

  • New FINRA arbitration rule changes Published on January 25, 2017 Legal update: archive

    The Financial Industry Regulatory Authority (FINRA) has had their rule amendments approved by the US Securities and Exchange Commission (SEC).

  • Third and Seventh Circuits Weigh In On Article III Standing After Spokeo Published on January 24, 2017 Legal update: archive

    In a pair of cases, the US Courts of Appeals for the Third and Seventh Circuits reached different conclusions in light of the US Supreme Court's decision in Spokeo, Inc. v. Robins as to whether a defendant's violation of a statute mandating protection and destruction of consumers' personal information is enough to grant a plaintiff Article III standing.

  • Court and Judge Rules Update: January 18-24, 2017 Published on January 24, 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 18th and 24th, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • Dismissal of Petition to Enforce Arbitral Award Reversed (Second Circuit) Published on January 24, 2017 Legal update: archive

    In CBF Indústria de Gusa S/A v. AMCI Holdings, Inc., 2017 WL 191944 (2d Cir. Jan. 18, 2017), the US Second Circuit Court of Appeals considered a request to enforce a foreign arbitral award against alleged alter-egos of the defunct award-debtor.

  • First Circuit Deepens Circuit Split on Federal Question Jurisdiction Over FAA Petitions to Review Arbitration Awards Published on January 20, 2017 Legal update: archive

    In Ortiz-Espinosa v. BBVA Securities of Puerto Rico, Inc., the US Court of Appeals for the First Circuit joined the Second Circuit in holding that federal district courts may "look through" a petition to confirm, vacate, or modify an arbitration award under Sections 9, 10, and 11 of the Federal Arbitration Act (FAA) to determine if the underlying dispute raises a federal question.

  • Court and Judge Rules Update: January 11-17, 2017 Published on January 17, 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 11-17, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

  • No Appellate Jurisdiction for Motion to Compel Arbitration Filed Under State Law: Ninth Circuit Published on January 17, 2017 Legal update: archive

    In Kum Tat Ltd. v. Linden Ox Pasture, LLC, the US Court of Appeals for the Ninth Circuit dismissed an interlocutory appeal for lack of jurisdiction because the underlying motion to compel arbitration was brought under state law, not the Federal Arbitration Act (FAA).

  • Appellate Courts Should Defer to District Court's Merits Rulings on Late FRCP 12(b)(6) Motions: Ninth Circuit Published on January 17, 2017 Legal update: archive

    In In re Apple iPhone Antitrust Litig., the US Court of Appeals for the Ninth Circuit held that appellate courts generally should defer to a district court's ruling on the merits of a late-filed FRCP 12(b)(6) motion.

  • Court and Judge Rules Update: January 4-10, 2017 Published on January 10, 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 4-10, 2017. It also reports on changes to the individual civil and criminal practice rules for the judges in select district courts during this period.

{ "siteName" : "PLC", "objType" : "PLCWebPage", "objID" : "1247850707546", "objName" : "us-litigation", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resources/feeds/us-litigation?null", "pageType" : "Other", "academicUserID" : "", "contentAccessed" : "true", "analyticsPermCookie" : "241d8cd56:15a66f53e0a:606", "analyticsSessionCookie" : "241d8cd56:15a66f53e0a:607", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }