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Documents on alternative dispute resolution
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|California Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights|
Conor J. Dale, Sherry L. Swieca; Jackson Lewis P.C.;
August 7, 2015, previously published on August 4, 2015An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). The much-anticipated...
|Divisional Court Upholds The Law Society Of Upper Canada’s Decision Regarding Trinity Western University|
Duncan A.W. Ault, Nadia Effendi; Borden Ladner Gervais LLP;
July 14, 2015, previously published on July 8, 2015On July 2, 2015, the Ontario Divisional Court released its decision in TrinityWestern University & Braydon Volkenant v. The Law Society of Upper Canada. Borden Ladner Gervais LLP (“BLG”) acted on behalf of the Law Society (Guy J. Pratte, Nadia Effendi and Duncan A.W. Ault).
|Canadian Government Issues New Sanctions Against Russia|
Vincent DeRose, Jennifer Radford; Borden Ladner Gervais LLP;
July 14, 2015, previously published on July 13, 2015On June 29, 2015, the Canadian Government announced the imposition of additional sanctions against Russian individuals and organizations. This expansion of Canada’s economic sanctions against Russia is a response to what Prime Minister Stephen Harper has described as continued aggression in...
|New York Tests Daimler's Limits with Its Consent-to-Jurisdiction Rule for Foreign Companies Registering to Do Business in the State|
Harold K. Gordon, Sevan Ogulluk; Jones Day;
July 3, 2015, previously published on June 2015The U.S. Supreme Court's 2014 blockbuster holding in Daimler AG v. Bauman significantly limited the circumstances in which U.S. courts can exercise general jurisdiction over foreign corporate defendants. Commonly referred to as "all-purpose" jurisdiction, general jurisdiction authorizes...
|The Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals|
Marcus A. Manos; Nexsen Pruet, LLC;
June 23, 2015, previously published on June 8, 2015Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...
|OPDP Warns Otsuka over Improper Marketing of Antipsychotic Drug Abilify|
Scott S. Liebman; Loeb & Loeb LLP;
June 16, 2015, previously published on May 2015Otsuka received a warning letter after an FDA review of its pharmacology aid for its Abilify tablets showed the company made false or misleading claims about the drug as well as unsupported superiority claims.
|Limits on Investigative Receiverships: Akagi v. Synergy Group (2000) Inc., 2015 Onca 368|
Barry H. Bresner, Ewa Krajewska; Marshall Dennehey Warner Coleman Goggin P.C.;
June 16, 2015, previously published on June 1, 2015In Akagi v Synergy Group (2000) Inc.1, the Ontario Court of Appeal clarified the limits of the duties of receivers appointed by the court to enforce judgment debts, the scope of “investigative receiverships” and the jurisdiction of the Superior Court to encumber the assets of...
|CDRH Provides Guidance on Adaptive Designs for Clinical Trials for Medical Devices in a Bid to Speed Up Decision-Making|
Scott S. Liebman; Loeb & Loeb LLP;
June 16, 2015, previously published on May 2015Keeping in line with its risk-based approach to regulation, the agency issued guidance on planning and implementing adaptive designs — as opposed to unchanged designs — for clinical studies in medical device development programs, saying these can reduce resource requirements and/or...
|Missouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement|
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 16, 2015, previously published on June 11, 2015In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...
|Preventing a Proprietary Estoppel Claim|
Paul Hewitt, Geoffrey Kertesz; Withers Bergman LLP;
May 15, 2015, previously published on May 12, 2015Yet this unhappy family dispute is precisely the situation that confronted Paul Hewitt and Geoffrey Kertesz. After various twists and turns, the dispute was resolved shortly after a contested hearing not on the merits, but on a procedural point, namely whether the claimants could introduce a new...