Civil Litigation

Subscribe to Civil Litigation

The concept of personal jurisdiction refers to a court’s authority to order a defendant to answer legal claims filed in a particular state. “Lack of personal jurisdiction” is a powerful defense that will not only get the defendant out of the case at the very outset but also deter any future cases brought against that defendant in the same state. …
Continue Reading The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect

Background
In a service-based economy, many industrial and consumer products are manufactured and sold through trademark licensing arrangements. Under these types of contractual agreements, the owner of the trademark licenses its brand name or mark to another company in exchange for a licensing fee. The authorized user of the trademark then has a contractual right to manufacture and sell the goods bearing the trademark. However, in some circumstances, the mere act of licensing the trademark to a manufacturer of a product for a fee can expose the licensor to a product liability claim under the Apparent Manufacturers Doctrine (AMD).
…
Continue Reading Licensors Beware: Substantial Participation in Design, Manufacture and/or Distribution of Licensee’s Product May Impose Liability Under Apparent Manufacturers Doctrine (AMD)

In Water Splash v. Menon, case number 16-254 before the U.S. Supreme Court, a long-standing and deep split of authority on a basic question involving international service of process has finally reached the high court. This case was granted certiorari by the Court in early December 2016. It has been briefed by both sides and is now set for argument to proceed on March 22, 2017. The question presented is whether the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) allows service of process by mail.
…
Continue Reading A Challenge to Hague Service by Mail Is Now Before the SCOTUS…Finally