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N.C. Court Warns Plaintiffs that Voluntary Dismissal of an Invalid Complaint Won’t Toll the Statute of Limitations

At first glance there seems to be a saving grace in the North Carolina Rules of Civil Procedure for plaintiffs who are running up against the deadline for filing a lawsuit, i.e., Rule 41(a)(1).  Rule 41(a)(1) provides that if a complaint was filed timely and subsequently dismissed by the plaintiff voluntarily, the case may be … Continue reading »

Significant Developments & Updates

  • HOUSE JUDICIARY COMMITTEE HEARING ON DOJ OVERSIGHT: The House Judiciary Committee recently held a hearing regarding oversight of the U.S. Department of Justice during which Attorney General Eric Holder testified.  A webcast of the hearing and testimony can be found here. Posted by Tony Lathrop, Apr. 28 2014
  • 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.
  • 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 recent en banc rehearings and whether they demonstrate that there has been an ideological shift on the court.  Idilbi Article Part 2.  If you missed Part 1, see our previous post. Posted Feb. 13, 2014
  • FEBRUARY 15TH DEADLINE TO COMMENT ON PROPOSED AMENDMENTS TO FEDERAL RULES OF CIVIL PROCEDURE:  In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for a party’s failure to meet its discovery obligations. The proposed amendments impose limitations on discovery and spoliation sanctions. Read my previous post for details.  Comments are due February 15, 2014. You may submit comments online.  Posted by Tony Lathrop, Feb. 11, 2014
  • A LIBERAL SHIFT IN THE FOURTH CIRCUIT: In a two-part Bloomberg BNA series, MVA Litigation Associate Jason Idilbi analyzes whether a shift in the political makeup of the Fourth Circuit in the 2010-2011 term has resulted in the court, which has been one of the most conservative, becoming more liberal. Read Idilbi Article Part 1. Posted Feb. 7, 2014
  • In Daimler AG v. Bauman, 571 U. S. ____ (Jan. 14, 2014), the U.S. Supreme Court reiterated that general or “all-purpose” jurisdiction can be exercised over foreign corporations only “when their affilia­tions with the State are so ‘continuous and systematic’ as to render them essentially at home in the forum State.” No general jurisdiction lies over a foreign defendant in a suit by foreign plaintiffs for actions outside of the U.S., based solely on its indirect subsidiary’s contacts with a state in which it is neither incorporated nor holds its principal place of business. Posted by Tony Lathrop, Jan 30, 2014.
  • In a continuation of the House Judiciary Committee’s extensive review of U.S. Copyright law, the Subcommittee on Courts, IP, and the Internet held “The Scope of Fair Use” hearing on January 28, 2014. The hearing examined issues related to the fair use doctrine, including take-down provisions of the Digital Millennium Copyright Act (“DMCA”), and recommendations for preserving or modifying the doctrine’s protections. Hearing witness list and testimony.  Posted by Tony Lathrop, Jan. 29, 2014.
  • In a unanimous decision, the Supreme Court ruled on Jan. 14, 2014 that the state parens patriae action in Mississippi ex rel. Hood v. Au Optronics Corp. was not removable under the Class Action Fairness Act of 2005 as a “mass action,” because the state is the only named plaintiff:  571 U. S. ___ (2014).  You can read our previous posts on AU Optronics here and here.  Posted by Tony Lathrop, January 17, 2014.

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