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April 05, 2024 | New York Law Journal

From Defense to Offense: Strategic Evolution in Corporate Claims Pursuit

Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
9 minute read
Kimble v. Opteon Appraisal Inc.
Publication Date: 2024-01-31
Practice Area: Civil Procedure
Industry:
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: Magistrate Judge Mark W. Pedersen
Attorneys:
For plaintiff: For Plaintiff: Bruce E. Menken, Esq., Jason J. Rozger, Esq., Beranbaum Menken Ben-Asher & Bierman LLP.
For defendant: Bryan J. Schwartz, Esq., Bryan Schwartz Law, Oakland, CA. For Defendant: William J. Anthony, Esq., Littler Mendelson, P.C., New York, NY. Riane F. Lafferty, Esq., Littler Mendelson, P.C., Fairport, NY.
Case number: 23-CV-6399

Out-of-State Plaintiffs Cannot Join FLSA Collective Action; Equitable Tolling Is Denied

In re Nine West LBO Sec. Litig.
Publication Date: 2023-12-04
Practice Area: Bankruptcy
Industry: Consumer Products
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Denny Chin
Attorneys:
For plaintiff: For Plaintiffs-Appellants Marc S. Kirschner and Wilmington Savings Fund Society, FSB, in all appeals except Docket Numbers 20-3334 and 20-3335: Robert J. Lack, Stan Chiueh, on the brief, Edward A. Friedman, Friedman Kaplan Seiler & Adelman LLP, New York, New York. For Plaintiffs-Appellants Marc S. Kirschner and Wilmington Savings Fund Society, FSB, in Docket Numbers 20-3257, 20-3290, 20-3334, 20-3335, 20-3964, and 20-3980: Allan B. Diamond and Ryan M. Lapine, Diamond McCarthy LLP, Dallas, Texas and Los Angeles, California.
For defendant: For Defendants-Appellees Public Shareholders (Robeco Capital Growth Funds, et al.): Adam M. Harris and Andrew G. Devore, on the brief, Gregg L. Weiner, Ropes & Gray LLP, New York, New York and Boston, Massachusetts. For Defendants-Appellees Individual Shareholders Mary E. Belle, Kathleen Nedorostek Kaswell, and Joseph Stafiniak: Danielle C. Lesser, on the brief, Y. David Scharf, Morrison Cohen LLP, New York, New York. For Defendant-Appellee Individual Shareholder Wayne Kulkin: Howard Seife, Norton Rose Fulbright US LLP, New York, New York. For Defendants-Appellees Individual Shareholders Katherine Butler, Linda Kothe, Richard Hein, Richard H. Hein Rev. Trust U/A 06/12/95, Mark DeZao, Janice Brown, Eric Dauwalter, Rosa Genovesi, Charles Pickett, Susan McCoy, Stacey Harmon, Kathleen O'Brien, James Capiola, Laurie Gentile, and Robyn Mills: Stuart Kagen and Christopher Greene, Kagen, Caspersen & Bogart, PLLC. For Defendants-Appellees Individual Shareholders Heather Harlan and George Sharp: Kevin J. O'Connor and Shannon D. Azzaro, Peckar & Abramson, P.C., New York, New York.
Case number: 20-3257-cv (L)

Safe Harbor Provision Shields Certificate and DTC Transfers, But Not Payroll Transfers

Appellate Division, Second Department: November 13, 2023
Publication Date: 2023-11-13
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Motion List & Order on Application released on:November 8, 2023

November 06, 2023 | Daily Report Online

'The Defendant Reaps What it Sows': Savannah Premises Liability Suit Moves Closer to Trial After Appellate Decision

"I think the judge was backed into a corner," plaintiff's counsel Mark Tate said.
5 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

View more book results for the query "FedEx Corporation"

September 19, 2023 | Law.com

'Hide-the-Ball Exercise': Judge Rejects Washington Commanders' Argument That E-Tickets Bound Plaintiffs to Arbitration

"It is far from clear that the expectations for receiving and reviewing specific contract terms associated with cruise ship tickets, which are for a multi-day journey on an ocean-going vessel into international waters with overnight lodging, are necessarily applicable to tickets to attend a three-hour sporting event," wrote the court, clearing the way for a lawsuit by a group of NFL fans who fell from an elevated surface at FedEx Field.
7 minute read
September 19, 2023 | The Legal Intelligencer

Eagles Fans Sack Washington Commanders' Argument That E-Tickets Forced Their Claims Into Arbitration

"It is far from clear that the expectations for receiving and reviewing specific contract terms associated with cruise ship tickets, which are for a multi-day journey on an ocean-going vessel into international waters with overnight lodging, are necessarily applicable to tickets to attend a three-hour sporting event," wrote the court, clearing the way for a lawsuit by a group of NFL fans who fell from an elevated surface at FedEx Field.
7 minute read
September 19, 2023 | Insurance Coverage Law Center

Recent Developments In D&O Claims

This article summarizes many of the more important recent legal developments involving D&O claims. During these uncertain times, it is especially important for those who advise and insure directors and officers to carefully monitor and react to these and other developments.
35 minute read
Rush Truck Ctr. of Texas, L.P v. Mendoza
Publication Date: 2023-09-18
Practice Area: Civil Appeals | Labor Law | Wrongful Death
Industry:
Court: Court of Appeals
Judge: Justice Rodriguez
Attorneys:
For plaintiff:
For defendant:
Case number: 08-22-00226-CV

Decedent was hired by appellant Rush as a fabricator and created a username and password to access Rush onboarding documents electronically.

August 30, 2023 | Litigation Daily

Strategy #1 for Dealing With 'Outsized' Damages Awards: Focus Courts on the Experts

With the uptick in $10 million-plus verdicts, Wilmer's Bill Lee thinks lawyers should be focusing courts on consistently applying Daubert to challenges to expert damages testimony.
8 minute read

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