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Settlement Agreements Jurisdiction

Awatif Mohammad Shoqi Advocates & Legal...

The Dubai Cassation Court's recent ruling on the legal concept of Without Prejudice.

In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more

Morgan Lewis

English High Court Upholds the Primacy of an Exclusive Jurisdiction Clause in a Subsequent Settlement Agreement

Morgan Lewis on

The English High Court in Destin Trading v Saipem SA refused the defendant’s application for a stay of proceedings under Section 9 of the Arbitration Act 1996 on the basis that an exclusive dispute resolution clause in favour...more

Patterson Belknap Webb & Tyler LLP

To Threat or Not to Threat, That is the DJ Question: Judge Rakoff Dismisses DJ Action and Finds the Court Does Not Have...

On April 1, 2025, United States District Judge Jed S. Rakoff granted Defendants Marut Enterprises LLC and Brett Marut’s (collectively, “Defendants”) motion to dismiss and entered final judgment against Foto Electric Supply...more

Stevens & Lee

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

Stevens & Lee on

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

Carey Olsen

Bermuda Litigation Guide 2025 (Chambers)

Carey Olsen on

The guide provide the latest Bermuda legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages and judgment, appeals, costs,...more

Jones Day

U.S. Bankruptcy Court Directs Turnover of Chapter 15 Debtor's Assets for Administration in Foreign Bankruptcy Proceeding

Jones Day on

Nearing its 20th anniversary, chapter 15 of the Bankruptcy Code is an invaluable framework for coordinating cross-border bankruptcy cases involving foreign debtors that have assets located in the United States. It includes a...more

A&O Shearman

Submission to arbitral tribunal for interim relief may not amount to submission on merits

A&O Shearman on

In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more

Freiberger Haber LLP

Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213

Freiberger Haber LLP on

CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part: When an action is based upon an...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Emmet, Marvin & Martin LLP

Confessions of Judgment: Practices in New York, Pennsylvania, and Ohio

New York attorneys representing commercial lenders often find use for the confession of judgment. This unique tool enables creditors to obtain a monetary judgment against debtors by filing a previously executed affidavit,...more

Jenner & Block

Compilation of Recent Developments in Bankruptcy Law - January 2023

Jenner & Block on

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major...more

Jenner & Block

Recent Developments in Bankruptcy Law, January 2023

Jenner & Block on

1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court declines to enjoin third party claims against the debtor’s jointly liable parent corporation. The debtor manufactured earplugs for many years. A major multinational...more

Foley & Lardner LLP

Fourth Circuit Holds Magistrate Judge Jurisdiction Does Not Require Absent Class Members’ Consent

Foley & Lardner LLP on

Federal law delineates a magistrate judge’s exercise of jurisdiction over a civil case. Specifically, with the “consent of the parties,” a magistrate judge may conduct “any or all proceedings . . . and order the entry of...more

McDermott Will & Emery

Precision Is Paramount: Court Enforces Terms of Email Agreement in Settlement

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed a district court order enforcing one party’s version of a settlement agreement, finding that version unsupported by the record. The Court found that the other party’s...more

Alston & Bird

Update Regarding the BrightSpeed Payment Processor Case

Alston & Bird on

On January 18, after approximately fourteen months of settlement negotiations, the CFPB announced that it secured a settlement agreement with BrightSpeed Solutions, Inc., a third-party payment processor that had ceased...more

McGlinchey Stafford

Can Partial Performance Prevent The Statute Of Frauds From Barring An Oral Agreement?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more

Ladas & Parry LLP

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

Ladas & Parry LLP on

Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to...more

Farrell Fritz, P.C.

Commercial Division Denies Application to Enforce Stipulation of Settlement for Lack of Standing

Farrell Fritz, P.C. on

The Full Faith and Credit Clause of the United States Constitution provides that “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” In terms of...more

Butler Snow LLP

When Is a Settlement Not a Settlement?

Butler Snow LLP on

It is well-settled in most jurisdictions that settlement agreements are contracts subject to the same rules of formation, validity, and interpretation as other contracts. C.J.S. Compromise & Settlement § 51...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Canadian Cautionary Tale on Settlements for Federally Regulated Employers

A Federal Court of Appeal decision, Bank of Montreal v. Li, is a cautionary tale for federally regulated employers about the limits of settlement agreements in resolving unjust dismissal complaints. Background - ...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

Seyfarth Shaw LLP on

Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

BCLP

Tomlin Orders and confidential settlement agreements – taking the sting out of the tail?

BCLP on

On appeal in the High Court from an application decision by Master Davison, Warby J has confirmed that confidential schedules to Tomlin Orders are compatible with open justice and that, while the Court has power to stay...more

Jaburg Wilk

Modifying Arizona Spousal Support Orders

Jaburg Wilk on

Spousal maintenance can be either modifiable or non-modifiable. Generally, when a spousal support order is the byproduct of an agreement between the spouses, after the divorce decree is entered, neither one of the parties or...more

Carlton Fields

Third Circuit Finds Class Members’ Cash Advance Agreements May Fall Short of a True Assignment

Carlton Fields on

On April 26, 2019, the Third Circuit Court of Appeals reversed in part and affirmed in part a district court order purporting to void cash advance agreements entered into by and between class members and litigation funding...more

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