The Ninth Circuit Court of Appeals recently held that non-mutual offensive collateral estoppel—a doctrine under which a party ...

The federal district court in North Dakota granted a franchisee’s motion to dismiss a franchisor’s complaint for failure to ...

Opinion: Alliance Defending Freedom's Erin Hawley writes that in the Supreme Court's First Choice opinion, a case she argued, ...

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 ...

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 ...

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 ...

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 ...

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 ...

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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