Opinion: Alliance Defending Freedom's Erin Hawley writes that in the Supreme Court's First Choice opinion, a case she argued, ...
The Ninth Circuit Court of Appeals recently held that non-mutual offensive collateral estoppel—a doctrine under which a party ...
Arbitration doctrine is anchored in the Federal Arbitration Act’s core mandate: arbitration agreements must be enforced ...
In Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., the United States Supreme Court recently considered for the first time whether and the extent to which it should recognize “defense ...
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 ...
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 ...
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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 ...
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