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Subject Matter Jurisdiction Litigation Strategies

Clark Hill PLC

CGIA interlocutory appeal timing: Colorado Court of Appeals gives plaintiffs strategic choice

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On July 31, the Colorado Court of Appeals clarified an important procedural question for plaintiffs challenging governmental immunity rulings under the Colorado Governmental Immunity Act (CGIA). In Smith v. City and County of...more

WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Snell & Wilmer

Texas Federal Court Dismisses Tribal Business Contract Dispute

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In a contract dispute between CHR Solutions Inc. and Gila River Telecommunications Inc., a business entity wholly owned and operated by the Gila River Indian Community (“GRIC”), the question of tribal sovereign immunity and...more

Holland & Knight LLP

Defending Deceptive Labeling Claims Under Rule 12(b)(1)

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Most deceptive labeling claims are challenged in the first instance under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Another strategy deserves consideration premised upon Federal Rule of...more

Troutman Pepper Locke

Using a Company Witness as a Subject Matter Expert on a Company’s Products

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It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a witness testifies as a fact...more

UB Greensfelder LLP

A Class Action Was Just Filed – Now What?

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A 10-Point Response Plan - The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense,...more

Fish & Richardson

The Patent Litigation Process: The Complaint

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Like all litigation, patent litigation begins when a plaintiff files a complaint against a defendant. Typically, a patentee or a licensee files a complaint for patent infringement. When drafting a complaint, the plaintiff...more

Troutman Pepper Locke

The Nuts and Bolts of Local Practice in the Eastern District of Michigan (Part 1) - A Guide To Practicing In The U.S. District...

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The law is the law, but the procedural rules and local customs and practices in federal court differ in many ways from Michigan’s state court system. Originally published in the Michigan Bar Journal Of Interest - January...more

Carlton Fields

Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA

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You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more

Carlton Fields

Don't Estop Believin' - Courts May Save Your Judicial Estoppel Argument

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The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more

Shutts & Bowen LLP

Can The Manager of a Florida LLC Represent the Corporation in Litigation?

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If she or he is not a lawyer, no. David Boggs, LLC and Mac Mar, LLC sued Matthew Soltis and his company My Affordable Roof, LLC for trademark infringement concerning the mark “MY AFFORDABLE ROOF.” Soltis appears to have...more

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