Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: United States Court of Appeals for the Ninth Circuit

Honesty is the Best Policy: Federal Circuit Affirms Vacatur of Judgment Due to Material Misrepresentations

The United State Court of Appeals for the Federal Circuit recently affirmed a decision by the United States District Court for the Central District of California, setting aside a judgment and injunction in a patent infringement case due to material misrepresentations on the part of the prevailing party discovered after the final judgment was issued. This … Continue Reading

Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide

On March 30, the Supreme Court will hear arguments on whether a damages class action, is permitted by Article III of the Constitution or Rule 23 of the Federal Rules of Civil Procedure where the majority of the class has suffered no actual injury. Notably, this is the first time the Supreme Court will apply … Continue Reading

Jeep Drivers’ Claims Come to a Screeching Halt: Hypothetical Hacking Threat Does Not Confer Article III Standing

On March 27, 2020, a five-year legal battle between three certified classes of Jeep Cherokee drivers and Fiat Chrysler came to a sudden end, when a federal judge in the Southern District of Illinois held that allegations that the vehicles were vulnerable to cyber-attacks did not give plaintiffs standing to sue under Article III of … Continue Reading

“ADApt your Website”: Key Takeaways from the Domino’s Website Litigation

The United States Court of Appeals for the Ninth Circuit recently issued a decision holding that the Americans with Disabilities Act (“ADA”) applies to websites that connect customers to goods and services offered at a physical location. In Robles v. Domino’s Pizza LLC, the plaintiff, who is blind, brought suit against Domino’s for failing to … Continue Reading
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