Over the last few years, securities class actions have given rise to several critical questions ripe for U.S. Supreme Court review, including whether the foundation of the fraud-on-the-market theory established more than twenty-five years ago remains viable. The Supreme Court’s February 2013 decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 133 S. … Continue reading »
Archives for Litigation Law Blog
HOUSE JUDICIARY COMMITTEE COPYRIGHT HEARING: On April 2, 2014, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing “Preservation and Reuse of Copyrighted Works.” Witness testimony and a webcast of the hearing can be viewed here. Posted by Tony Lathrop, Apr. 11, 2014.
HOUSE JUDICIARY COMMITTEE RECONSIDERS CHAPTER 11 BANKRUPTCY: Last week, the House Judiciary Committee’s Subcommittee on Regulatory Reform, Commercial and Antitrust Law held its hearing to address Bankruptcy reform - Exploring Chapter 11 Reform: Corporate and Financial Institution Insolvencies; Treatment of Derivatives. The witness list and testimony are available here. Posted by Tony Lathrop, Apr. 4, 2014.
USPTO March 2014 Update to Guidance & Training for Evaluating Utility Patent Subject Matter Eligibility for Claims involving Nature, Natural Phenomena, & Natural Products
In response to recent U.S. Supreme Court decisions addressing utility patent subject matter eligibility under 35 U.S.C. § 101, the U.S. Patent & Trademark Office issued new guidance and training materials for patent examiners tasked with determining eligibility of machine, composition, manufacture and process claims “involving laws of nature, natural phenomena, and natural products.” The … Continue reading »
The Eleventh Circuit in Walthour v. Chipio Windshield Repair, LLC, No. 13-11309 (11th Cir. March 21, 2014) recently joined the Second, Fourth, Fifth, and Eighth Circuits in upholding class arbitration waivers in a Fair Labor Standards Act (“FLSA”) action. Plaintiffs in Walthour argued that the statutory right to file a collective action under the FLSA cannot … Continue reading »
What if the Agreed Upon Arbitrator No Longer Conducts Arbitrations? The North Carolina Court of Appeals Answers in Torrence
Defining the power of arbitration agreements has been a hot topic at the federal and state levels for the past couple of years. In a recent post, we discussed two North Carolina Court of Appeals decisions that validated the reach of the U.S. Supreme Court’s AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011) and Italian … Continue reading »
U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions
On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). In a … Continue reading »
Concepcion and Amex Head South: In North Carolina Your Class Arbitration Waiver May Now Be Enforced Despite the State’s 2008 Tillman Case
The North Carolina Court of Appeals recently declared the enforceability of class arbitration waivers despite the North Carolina Supreme Court’s previous decision in Tillman v. Commercial Credit Loans, Inc., 362 N.C. 93, 655 S.E.2d 362 (2008), which invalidated an arbitration agreement based, in part, on a class arbitration waiver. In companion cases, Torrence v. Nationwide … Continue reading »
Redefining the Power of Arbitration in Unfair Labor Practice Cases: NLRB Solicited Briefs on the Issue
REDEFINING THE POWER OF ARBITRATION IN UNFAIR LABOR PRACTICE CASES: NLRB SOLICITED BRIEFS ON THE ISSUE – In line with recent efforts in the courts to define the scope of power of the arbitral forum, the National Labor Relations Board (NLRB) recently took on the issue of whether to modify the standard it applies to determine whether … Continue reading »
A LIBERAL SHIFT IN THE FOURTH CIRCUIT? – PART 2: In part two of this Bloomberg BNA series, MVA Litigation Associate Jason Idilbi continues analyzing whether the judges appointed during the 2010-2011 term to the historically conservative Fourth Circuit Court of Appeals have caused the court to lean towards the left. Idilbi examines the outcomes of the Fourth Circuit’s … Continue reading »