Litigation

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Ballard Spahr LLP: Pennsylvania Adopts Limited Set Of E-Discovery Rules
Posted on 13 Aug 2012 by Ballard Spahr LLP

By Philip N. Yannella and Maura E. McKenna In a move likely to be greeted as much with criticism as relief, the Pennsylvania Supreme Court recently adopted a very limited set of amendments to the Pennsylvania Rules of Civil Procedure that are expressly... Read More

Ballard Spahr LLP: Federal Court Addresses Frequently Overlooked Nuances of Electronic Document Production
Posted on 12 Nov 2014 by Ballard Spahr LLP

By Philip N. Yannella and Thomas J. Gallagher IV U.S. Magistrate Judge Paul S. Grewal of the Northern District of California recently issued an order in Venture Corp., Ltd. v. Barrett shedding light on the meaning of two Federal Rules of Civil Procedure... Read More

Ballard Spahr LLP: Proposed eDiscovery Rule Would Bring Relief From Specter Of Sanctions
Posted on 27 Nov 2013 by Ballard Spahr LLP

By Philip N. Yannella and Arash Micaily | The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation... Read More

Ballard Spahr LLP: Supreme Court To Decide Class Action Fairness Act Case - Can Plaintiff Limit Class Damages To Avoid Removal?
Posted on 5 Oct 2012 by Ballard Spahr LLP

By the Consumer Financial Services Group On August 31, 2012, the U.S. Supreme Court granted a petition for certiorari in Standard Fire Insurance Co. v. Knowles (11-1450). The question presented by the petition is whether a named plaintiff in a state... Read More

California Court Avoids Concepcion By Striking Arbitration Agreement Without Considering Class Action Waiver
Posted on 7 Dec 2011 by Ballard Spahr LLP

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible - even after the U.S. Supreme Court's landmark ruling in AT&T Mobility v... Read More

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss
Posted on 7 Oct 2015 by Ballard Spahr LLP

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing... Read More

Ballard Spahr LLP Alert: Florida Supreme Court Rules State Vicarious Liability Law Preempted
Posted on 30 Jun 2011 by Ballard Spahr LLP

By the Ballard Spahr Consumer Financial Services Group The Florida Supreme Court has ruled in Vargas v. Enterprise Leasing Company that the State law imposing vicarious liability on short-term car lessors is preempted by the federal Graves Amendment... Read More

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions
Posted on 16 Jul 2015 by Ballard Spahr LLP

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice... Read More

Ballard Spahr LLP: Pharmaceutical Companies Get Off-Label Marketing Victory
Posted on 18 Aug 2015 by Ballard Spahr LLP

. . . A federal judge ruled that the Food and Drug Administration (FDA) cannot prohibit a pharmaceutical company from marketing its drugs for off-label uses if its claims are truthful and not misleading. This ruling, while not precedential, alters the... Read More

Ballard Spahr LLP: 2nd Circuit Says Online Agreement Did Not Bind Plaintiffs To Subsequent Arbitration Provision
Posted on 2 Nov 2012 by Ballard Spahr LLP

By Alan S. Kaplinsky and Mark J. Levin Although much attention has been paid in the past few years to the enforceability of class action waivers in consumer arbitration agreements, a recent federal appeals court opinion is a stark reminder that there... Read More

Ballard Spahr Obtains Ruling That FAA Preempts Pennsylvania Unconscionability Law On Class Action Waivers
Posted on 24 Aug 2011 by Ballard Spahr LLP

By the Consumer Financial Services Group In the first opinion to address the issue following the U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion , a Pennsylvania federal district court has held that the Federal Arbitration... Read More

Ballard Spahr LLP: Supreme Court’s Campaign Contribution Decision To Have Substantial Impact
Posted on 11 Apr 2014 by Ballard Spahr LLP

By Joseph A. Kanefield, Brunn (Beau) Roysden, and Lindsay D. Breedlove | Pundits have alternatively saluted and denounced the U.S. Supreme Court’s decision last week striking down aggregate campaign contribution limits as unconstitutional. Few... Read More

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds
Posted on 25 Aug 2014 by Ballard Spahr LLP

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product... Read More