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Article

Montgomery McCracken Walker & Rhoads LLP | USA | 14 Jan 2019

Supreme Court Finds “Wholly Groundless” Exception in Arbitrability Disputes to be Wholly Groundless

In Justice Brett Kavanaugh’s first opinion, Henry Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. ___ (Jan. 8, 2019), the Supreme Court

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 22 May 2018

United States Supreme Court: Arbitration Agreements May Waive Employees’ Rights to Bring Class Actions

In a 5-4 decision, the U.S. Supreme Court held that arbitration agreements between employees and employers waiving employees’ rights to bring class

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 21 Mar 2018

Supreme Court Limits Tax Obstruction Charge

Today, the Supreme Court delivered a welcome decision narrowing the obstruction “Omnibus Clause” within the Internal Revenue Code, 26 U.S.C. 7212(a)

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 9 Mar 2018

Ninth Circuit Affirms Dismissal of Taxi Receipt FACTA Lawsuit for Lack of Injury and Standing

On March 9, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the District of Nevada, which dismissed

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 5 Dec 2017

The Fight Begins Over FACTA Standing in State Courts

Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 16 Nov 2017

Punitive damages ahoy!

In Tabingo v. American Triumph LLC, No. 92913-1 (Wash., March 9, 2017), the Supreme Court of the State of Washington recently upheld an award of

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 8 Nov 2017

Jurisdiction Clauses Are Enforced

A recent case from the federal court in New York confirms that jurisdiction clauses are difficult to overcome. In ThyssenKrupp Materials NA, Inc. v

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 16 Aug 2017

Ninth Circuit Finds a “Concrete Injury” Adequately Alleged on Remand From Supreme Court in Spokeo

The Ninth Circuit issued its long-awaited decision in Robins v. Spokeo, Inc., No. 11-56843, 2017 WL 3480695 (9th Cir. Aug. 15, 2017), yesterdayon

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 28 Jul 2017

SCOTUS to Clarify Protections for Securities Fraud Whistleblowers

The Supreme Court of the United States has agreed to review the Ninth Circuit's decision in Digital Realty Trust, Inc. v. Somers and address the

Article

Montgomery McCracken Walker & Rhoads LLP | USA | 15 Jun 2017

Inter Partes Review Challenged at the Supreme Court

The old adage in patent law has always been that “patents are presumed valid.” This gives patent owners and industry confidence as to the ownership of

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