Practice and Procedure

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Practice and Procedure

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Middle District of Florida reverses $350 million verdict and joins other courts in enforcing Escobar's strict materiality standard

This case study takes a look at a recent decision reversing the materiality standard established in Escobar.

Law Firm: DLA Piper | Published: 18 January 2018 | Practice Area: Health Care

Supreme Court considers that there is no requirement of direct damage in England for permission to serve tort claim outside the jurisdiction at common law

An examination of a Supreme Court ruling that direct damage in the jurisdiction is not required to come within the tort jurisdictional gateway in the CPR.

Law Firm: Herbert Smith Freehills | Published: 18 January 2018 | Practice Area: Business of law

Recent decisions show continuing trend for tough approach to rule breaches

Recent months have seen a number of decisions in which the English courts, both at first instance and on appeal, have re-emphasised the message that those who fail to comply with procedural rules should expect little sympathy.

Law Firm: Herbert Smith Freehills | Published: 26 July 2017 | Practice Area: Business of law

Rating: 2 people found this useful

US Supreme Court strikes death blow against forum shopping in mass actions by limiting personal jurisdiction

The US Supreme Court has continued its recent trend of contracting personal jurisdiction by holding that a California state court lacked jurisdiction over non-resident plaintiffs' product liability claims where the non-resident plaintiffs' exposure to the product did not occur in California.

Law Firm: DLA Piper | Published: 22 June 2017 | Practice Area: Litigation

Rating: 1 person found this useful

After Brexit, what next for the Brussels I Regulation (Recast)?

This article looks at three steps the UK Government should take to assuage fears of upheaval in the system of commercial dispute resolution after Brexit.

Law Firm: 20 Essex Street | Published: 20 April 2017 | Practice Area: Litigation and Dispute Resolution

Rating: 1 person found this useful

Disputing jurisdiction in arbitration: a reminder of procedure and tactics

There are various routes by which a respondent to an arbitration claim can challenge jurisdiction. A respondent should consider what actions to take, with a view to the impact on these routes and their differing merits. This briefing looks at some of the key issues to consider.

Law Firm: 20 Essex Street | Published: 04 April 2017 | Practice Area: Arbitration

Rating: 1 person found this useful

Keeping snakes out of the jury box: the 'Reptile Method' and tips to defeat it

What person wouldn't agree that manufacturers have a duty to make their products as safe as reasonably possible? However, this type of question, paradigmatic of the ‘reptile method’, is frequently used by plaintiffs attorneys to prey on jurors' fears and biases, as this guide explains.

Law Firm: Reed Smith | Published: 03 February 2017 | Practice Area: Litigation

Rating: 9 people found this useful

A litigator’s yearbook 2016: England and Wales

This briefing looks back at some of the key cases in 2016 and other developments from the perspective of the commercial litigator.

Law Firm: Herbert Smith Freehills | Published: 16 December 2016 | Practice Area: Litigation and Dispute Resolution

Rating: 10 people found this useful

Supreme Court arms successful defendants with remedy against malicious pursuit of civil litigation

Following a Supreme Court ruling, successful defendants pursued maliciously by a claimant can now subsequently sue for damage suffered, including damage to reputation, earnings and health, and the excess of legal expenses over any amount awarded in the initial proceedings, as this article explains.

Law Firm: Debevoise & Plimpton | Published: 29 November 2016 | Practice Area: Litigation and Dispute Resolution

Rating: 9 people found this useful

The importance of a valuation date - why the right thing at the wrong time can be the wrong thing

"The right thing at the wrong time is the wrong thing" is a quote which strikes a chord when considering the date of valuation in disputes. This article focuses on the importance of date for the commonly used valuation method of discounted cashflow.

Law Firm: Grant Thornton | Published: 21 November 2016 | Practice Area: Litigation and Dispute Resolution

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