Mondaq.Com - feed of articles on Litigation, Mediation & Arbitration

China: CIETAC Rebranding In Shanghai And Shenzhen - Jones Day

Fri, 17 May 2013 14:21:09 GMT

A discussion on the dispute between the China International Economic and Trade Arbitration Commission in Beijing and its Shanghai and South China Sub-Commissions.

Canada: There Is A Border In Cross-Border Proceedings: NASDAQ Purchasers Excluded From Ontario Class In IMAX - Bennett Jones LLP

Fri, 17 May 2013 14:18:35 GMT

Those who have been following the progress of the securities class action saga of Silver v. IMAX will be interested to note that another decision in the long-running case has been released.

Turkey: Arbitration Law In Turkey - Kolcuoglu Demirkan

Fri, 17 May 2013 13:56:31 GMT

The past two decades have seen an increase in trade globalization and growth of transnational companies, resulting in an escalation of cross-border disputes.

Canada: Quebec Superior Court Shuts The Door On Serial Class Actions - Fasken Martineau

Fri, 17 May 2013 11:11:52 GMT

The Quebec Superior Court has recently rendered a unique decision limiting class actions in an important way.

United Kingdom: Me, Myself And I - MacRoberts

Fri, 17 May 2013 10:18:42 GMT

In a recent case, the English Court of Appeal considered whether a company (and its insurers) can be liable to a sole director injured at work.

Australia: Discovery: your worst nightmare - Holding Redlich

Fri, 17 May 2013 06:16:13 GMT

This recent decision, subject to a special leave application, highlights the risks inherent in the discovery process,

United States: California Federal Court Relies On Comcast To Deny Class Certification Of Off-The-Clock And Meal Period Claims - Littler Mendelson

Thu, 16 May 2013 16:58:50 GMT

The U.S. District Court for the Central District of California has recently denied Rule 23 class certification of California state law claims for off-the-clock work and unpaid work time during meal periods in Forrand v. Federal Express Corp.

Canada: The Second Opinion: Legal Causation And The Duty To Warn - McCarthy Tétrault LLP

Thu, 16 May 2013 16:16:25 GMT

A discussion on whether a defendant can be liable for failing to warn about a risk which does not materialize, where this leads the plaintiff to be injured by a second undisclosed risk that, unlike the first, would not have influenced the plaintiff if disclosed.

United States: Unlike The Attorney-Client Privilege, Work Product Doctrine Protection Can Be Overcome - McGuireWoods LLP

Thu, 16 May 2013 16:00:57 GMT

The work product doctrine only provides qualified protection to non-opinion work product.

United States: Class Actions In Italy: Recent Developments - Jones Day

Thu, 16 May 2013 15:59:07 GMT

A discussion on the recent introduction of class actions in Italy.

United States: FIRREA Civil Money Penalties: The Government's Newfound Weapon Against Financial Fraud - Jones Day

Thu, 16 May 2013 15:08:59 GMT

Section 951 of FIRREA, codified at 12 U.S.C. § 1833a, authorizes the DOJ to bring a complaint seeking civil money penalties against persons who violate one or more of 14 enumerated criminal statutes that involve or affect financial institutions and government agencies.

United States: How Are Ambiguities In Non-Compete Agreements Resolved Under Florida Law? - Fox Rothschild LLP

Thu, 16 May 2013 12:56:12 GMT

A party opposing enforcement of a non-compete agreement may argue that a provision contained in the agreement is ambiguous and subject to multiple interpretations.

Canada: Australian Fraudsters: Definition Of Concurrent Wrongdoer Tied To Loss - McCarthy Tétrault LLP

Thu, 16 May 2013 12:48:46 GMT

Angelo Caradonna and Alessio Vella entered into a business venture and together opened a joint bank account taking possession of shares of three properties.

United Kingdom: Tribunal Considers Issues Of Estoppel Where A Singapore Court Had Already Concluded That The Respondents Were Not In Fact Charterers Of The Subject Vessel - Reed Smith

Thu, 16 May 2013 12:26:21 GMT

A discussion which focuses on a number of disputes which arose under a time charter.

United Kingdom: Tribunal Considers Broker’s Authority To Fix Vessel On Behalf Of Owners - Reed Smith

Thu, 16 May 2013 12:17:06 GMT

The Tribunal was required to decide whether the parties to the arbitration had in fact concluded a fixture.

United Kingdom: Lawyers Put In The Stocks Over Lengthy Skeleton Arguments - Clyde & Co

Thu, 16 May 2013 12:11:56 GMT

A recent Court of Appeal case, has fired a warning shot that the costs of preparation could be disallowed if skeleton arguments are not kept as concise as possible.

United States: Eighth Circuit Holds That A Plaintiff Who Settles Individual Claims Lacks Standing To Challenge Denial Of Class Certification - Mayer Brown

Thu, 16 May 2013 11:04:54 GMT

Here’s a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another shot at an appeal.

United Kingdom: DIFC Court Jurisdiction: Constitutional And Inter-Emirate Issues - Clyde & Co

Thu, 16 May 2013 11:02:37 GMT

On 24 April 2013 the DIFC Court of First Instance issued an important judgment accepting jurisdiction over a dispute between a DIFC-based reinsurer and an Abu Dhabi based insurance company.

Canada: Status Update: Social Media And The Service Of Documents - McCarthy Tétrault LLP

Thu, 16 May 2013 10:58:29 GMT

State Representative Jeff Leach of Texas recently proposed a bill that has generated significant discussion about the utility of social media in litigation proceedings.

United States: Substantive Fairness Overcomes Elements Of Procedural Unconscionability In Mandatory Arbitration Agreement - Fenwick & West LLP

Wed, 15 May 2013 11:59:36 GMT

A Southern California federal district court in Williams v. Department of Fair Employment and Housing recently held that despite some elements of procedural unconscionability, a mandatory arbitration agreement entered into at the inception of employment would be enforced because the substantive terms of the agreement were fair.

United States: Citing Comcast And Dukes, A New York Federal Judge Denies Class Certification In Outside Sales Misclassification Case - Littler Mendelson

Wed, 15 May 2013 10:48:57 GMT

In a welcome decision for employers, Tracy v. NVR Inc., the federal District Court for the Western District of New York granted the employer’s motion to decertify a collective action under the FLSA and denied the plaintiffs’ motion to certify a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure.

Canada: Court Of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period - Osler, Hoskin & Harcourt LLP

Wed, 15 May 2013 10:32:06 GMT

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have "an unassailable right to speak out in opposition to the class proceeding in an attempt to convince other class members to opt out" of the class action, as long as the individual decisions to opt out are not coerced and remain voluntary and informed.

United States: Seventh Circuit Approves Removal To Federal Court Of Asbestos Exposure Suit Against Federal Government Contractor - Jones Day

Wed, 15 May 2013 10:23:54 GMT

The Seventh Circuit Court of Appeals has held that removal to federal court of an asbestos suit for liabilities based on products delivered to an agency of the United States government is appropriate.

Canada: Ontario Court Dismisses "Speculative" Challenge To A Prospective Wind Turbine Project - Osler, Hoskin & Harcourt LLP

Wed, 15 May 2013 10:17:31 GMT

A discussion on a recent case, where the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective wind turbine project, granting the defendants’ motions for summary judgment.

United States: Towards An Implied Duty Of Good Faith Under English Law - Jones Day

Wed, 15 May 2013 10:06:36 GMT

A discussion on the generally recognised principle that contracting parties owe each other a duty of good faith in the performance of their contractual obligations.