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428 results found


Epstein Becker Green | USA | 2 May 2017

Can Defendants Obtain Discovery from Each “Party Plaintiff” in a Collective Action?

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


Baker & Hostetler LLP | USA | 27 Dec 2016

Third Circuit Rejects Procedural Runarounds to Appeal Decertification of FLSA Collective Action

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


McDermott Will & Emery | USA | 11 Aug 2016

Settlement Reached in Temple-Inland; Delaware Internally Reviewing Unclaimed Property Audit Practices

The court case challenging Delaware’s unclaimed property audit methodologies has settled following an opinion brutalizing Delaware’s position. This


Jeffer Mangels Butler & Mitchell LLP | USA | 3 Jul 2013

Carnegie Mellon v. Marvell: District Court denies request for $17 million in attorney's fees without prejudice pending appeal of underlying judgment

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


Shook Hardy & Bacon LLP | USA | 13 Jun 2013

Third Circuit affirms asbestos suit dismissals with prejudice

The Third Circuit Court of Appeals has dismissed with prejudice the injury claims of 12 individual plaintiffs whose proceedings are part of an


Briggs and Morgan | USA | 22 Feb 2013

FTC v. Actavis: case law

The case law has reflected different perspectives on the legality of pay-for-delay agreements. Two early cases disapproved of them. In Andrx


Shook Hardy & Bacon LLP | USA | 30 Aug 2012

Third Circuit refuses to stay effect of anti-competitive ruling in pay-for-delay case

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.”


Blank Rome LLP | USA | 6 Jan 2012

Third Circuit holds that failing to produce original documents in discovery can be considered spoliation

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.


Day Pitney LLP | USA | 21 Oct 2011

Third Circuit holds "later-served" rule applies to removal in multiple defendant cases

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


Fox Rothschild LLP | USA | 8 Oct 2011

Magistrate Judge Burke grants plaintiff's motion for expedited discovery

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.

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