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Statutory Interpretation Federal Rules of Civil Procedure

Proskauer - Minding Your Business

Compulsory Initial Disclosures are Here to Stay in California: Now What?

The California legislature’s efforts to streamline the discovery process, promote transparency and fairness in civil proceedings, and reduce discovery abuse began in 2019, when California Code of Civil Procedure (C.C.P.)...more

King & Spalding

Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc.: The Ninth Circuit Recognizes Limits on Required Pre-Discovery Disclosures for...

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In an order with important implications for trade secret disputes in federal court, on August 12, 2025, the Ninth Circuit Court of Appeals held that a district court abused its discretion in striking a plaintiff’s trade...more

Skadden, Arps, Slate, Meagher & Flom LLP

9th Circuit Ruling Offers Guidance on Timing of Trade Secrets Disclosures in DTSA Cases

On August 12, 2025, the U.S. Court of Appeals for the Ninth Circuit reversed a district court ruling striking certain trade secrets asserted by a plaintiff on the grounds that the plaintiff had not spelled out its trade...more

McDermott Will & Schulte

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more

Foley & Lardner LLP

Federal Trade Secret Plaintiffs Are Not Required to Identify Their Trade Secrets with Particularity Before Beginning Discovery,...

Foley & Lardner LLP on

In a recent decision, Quintara Biosciences, Inc. v. Ruifeng Biztech Inc., No. 23-16093, 2025 WL 2315671 (9th Cir. Aug. 12, 2025), the Ninth Circuit found that a plaintiff bringing claims under the Defend Trade Secrets Act...more

Proskauer - Minding Your Business

Removal? Snap to it!

The forum defendant rule normally bars removing a state case to federal court when there is a forum defendant, even if the parties are otherwise diverse. A rarely-used method is the exception to this rule. Using a procedure...more

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

Jackson Lewis P.C. on

ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

Proskauer - California Employment Law

Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs

Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025) - Marlean Ames, a heterosexual woman, alleged under Title VII that she had been denied a management promotion and demoted based on her sexual...more

McGlinchey Stafford

Court Finds That Amendment To BIPA Limiting Damages Does Not Apply Retroactively

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A district court in Illinois has ruled that an amendment to the Illinois Biometric Information Privacy Act (BIPA) regarding a limitation on damages does not apply retroactively. Background - Plaintiff filed a class action...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Declines to Resolve Circuit Split on Certifying Classes with Uninjured Class Members

On June 5, 2025, the U.S. Supreme Court dismissed as improvidently granted the writ of certiorari in Laboratory Corporation of America Holdings v. Luke Davis, No. 22-55873, which raised whether a federal court may certify a...more

Dorsey & Whitney LLP

The Supreme Court Update - June 9, 2025

Dorsey & Whitney LLP on

On June 6, 2025, the Supreme Court of the United States granted certiorari in four cases: Coney Island Auto Parts Unlimited, Inc. v. Burton, No. 24-808: This case concerns the applicability of the “reasonable time”...more

Jones Day

U.S. Supreme Court Encourages Federal Rule 7(a)(7) Replies—A Potential Boon for Defendants

Jones Day on

The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more

Epstein Becker & Green

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Dorsey & Whitney LLP

The Supreme Court Update - June 5, 2025

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The Supreme Court of the United States issued six decisions today: Ames v. Ohio Dept. of Youth Services, No. 23-1039: This case addresses whether majority-group plaintiffs are held to a heighted evidentiary standard in...more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Holland & Knight LLP

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

Holland & Knight LLP on

The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more

Snell & Wilmer

United States Supreme Court Unanimously Holds That an Amended Complaint Can Deprive Federal Courts of Jurisdiction

Snell & Wilmer on

The Supreme Court ruled on January 15, 2025, that if a plaintiff amends a complaint to remove federal claims after a case has been removed to federal court, the federal court loses its jurisdiction over the remaining...more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2023

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions today: United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more

FordHarrison

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

FordHarrison on

On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil...more

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