This morning the Supreme Court reversed the U.S. Court of Appeals for the 2nd Circuit’s decision in Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., holding that Lucky Brand is not ...
Joseph M. McLaughlin and Shannon K. McGovern[/caption] The dismissal of a putative stockholder derivative complaint for failure to make pre-suit demand has long been understood to have preclusive ...
In Herrera v. Wyoming, the Supreme Court today overruled the Wyoming courts and held that the Apsáalooke Nation, also known as the Crow Tribe, retains its treaty-guaranteed right to hunt on unoccupied ...
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SimpleAir, Inc. v. Google LLC, No. 2016-2738, 2018 (Fed. Cir. Mar. 12, 2018) (Before Lourie, Reyna, and Chen, J.) (Opinion for the court, Lourie, J.) The Federal Circuit vacated a district court order ...
Identity of issue, and Full and fair opportunity to contest the issue. Important to the attorney defending a malpractice claim, the argument that it is unfair to apply an earlier judgment in a ...
On July 17, the U.S. Court of Appeals for the Ninth Circuit heard argument in Axon Enterprise v. FTC, where the plaintiff, Axon, argued that it should not be precluded from bringing constitutional ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Derivative claims belong to the corporation, which is why a stockholder must make a demand on the company's board or adequately allege demand futility to pursue derivative claims on the company's ...