Since 2000, the number of wage and hour cases filed under the Fair Labor Standards Act ("FLSA") has increased by more than 450 percent, with the vast
We’ve written many times in this blog about the two-step procedure used by many courts in Fair Labor Standards Act (FLSA) cases in collective actions
The court case challenging Delaware’s unclaimed property audit methodologies has settled following an opinion brutalizing Delaware’s position. This
Carnegie Mellon University ("CMU") filed a motion for attorney fees pursuant to 35 U.S.C. Section 285, seeking attorney fees of approximately $17.2
The Third Circuit Court of Appeals has dismissed with prejudice the injury claims of 12 individual plaintiffs whose proceedings are part of an
The case law has reflected different perspectives on the legality of pay-for-delay agreements. Two early cases disapproved of them. In Andrx
The Third Circuit Court of Appeals has denied a request that it stay the mandate of its July 2012 ruling that “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade.”
In a precedential ruling with significant implications on the way parties conduct discovery in Federal Court, on January 4, 2012, the United States Court of Appeals for the Third Circuit issued a decision in Bull v. United Parcel Service, Inc., No. 10-4339 (3d Cir. Jan. 4, 2012), holding that producing copies of documents in discovery rather than available originals may constitute spoliation if (i) it would prevent discovering crucial information where relevant evidence is not available from copies, (ii) the original documents are requested in formal discovery, and (iii) the producing party acted in bad faith in withholding or destroying the original documents.
In a recent decision, Delalla v. Hanover Ins., Nos. 10-3933 & 11-1532, 2011 U.S. App. LEXIS 20651 (3d Cir. Oct. 12, 2011), the 3d U.S. Circuit Court of Appeals determined that, under 28 U.S.C. 1446(b), each defendant in a multiple defendant case has a 30-day period within which to remove to federal court a lawsuit filed in state court
By Memorandum Order entered by The Honorable Christopher J. Burke in Kone Corporation v. Thyssenkrupp USA, Inc., et al., Civil Action No. 11-465-LPS-CJB (D.Del., September 26, 2011), the Court granted Plaintiff Kone Corporation’s motion for leave to take expedited discovery in connection with its pending motion for a preliminary injunction.