Tag Archives: Federal Rules of Civil Procedure

June 20, 2018

Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims

By Epstein Becker & Green

Our colleague Paul DeCamp at Epstein Becker Green has a post on the Wage & Hour Defense Blog that will be of interest to our readers in the hospitality industry: “Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims.”

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Posted in News | North America
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June 12, 2018

Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims Continue Reading…

By Paul DeCamp of Epstein Becker & Green

In most wage and hour cases, each workweek gives rise to a separate claim, at least for statute of limitations purposes. Thus, an employee seeking payment for alleged off-the-clock work or an independent contractor claiming misclassification and entitlement to overtime ordinarily may seek back wages and related recovery only for work performed within a set amount of time—usually two to six years preceding the filing of the complaint, depending on the jurisdiction—preceding the filing of the complaint. But what happens to the statute of limitations when a plaintiff tries to bring a class action under state law, the court denies class certification, and a new plaintiff seeks to bring a subsequent class action presenting the same claims?

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March 17, 2017

Recent Federal Decisions Confirm That DTSA Claims Must Follow Longstanding Pleading Standards

By Jonathan L. Shapiro of Epstein Becker & Green

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As the law’s first anniversary approaches, federal courts continue to adjudicate claims arising under the Defend Trade Secrets Act (“DTSA”).  Enacted on May 11, 2016, DTSA provides the first private federal cause of action for trade secret misappropriation, allowing parties to sue in federal court for trade secret misappropriation.  Although the law is in its infancy, employers and legal practitioners filing complaints that assert DTSA claims must nevertheless adhere to longstanding rules of pleading set forth by the Supreme Court and the Federal Rules of Civil Procedure (“FRCP”).  Two recent decisions address this fundamental concept and serve as reminders that all complaints must follow basic pleading precepts.

Posted in North America
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ILN Today Post
March 17, 2016

Pat McCrory to speak on Changes to the Fed. Rules of Civil Procedure as they impact expert testimony

By Harrison & Moberly, LLP of Harrison & Moberly

Pat McCrory will be speaking on April 27, 2016 at the NBI Seminar, Representing Your Client in Federal Court in Indianapolis, IN. Her topic covers testimony tactics for Deposition and Trial Testimony of your client as well as selecting expert witnesses.  Pat will also cover relevant portions of the Federal Rules of Civil Procedure that were revised as of December 1, 2016.

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April 2, 2013

Possible Revisions to the Federal Rules of Civil Procedure to Be Considered at the April 2013 Advisory Committee Meeting

By Epstein Becker & Green

On April 11-12, 2013, the Judicial Conference of the United States, Advisory Committee on Rules of Civil Procedure (“Advisory Committee”), will meet in Norman, Oklahoma. Up for discussion on those days will be a number of significant proposed revisions to the Federal Rules of Civil Procedure aimed at reducing the costs and delays in civil litigation, increasing realistic access to the courts, and furthering the goals set forth in Rule 1 “to secure the just, speedy, and inexpensive determination of every action and proceeding.” If ultimately approved and enacted (a process that will take months or even years), these proposed revisions will have far-reaching effects for practitioners and litigants.

Posted in Legal Updates | North America
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July 2, 2012

The Impact Of Twombly & Iqbal In Products Cases

By William A. Ruskin of Epstein Becker & Green

The Toxic Tort Litigation Blog brings to the attention of defense practitioners weapons to add to their defense arsenal. An article in the Bloomberg BNA Toxics Law Reporter (6/14/02), titled “Making the Most of Twombly/Iqbal in Product Liabililty Cases“, offers a valuable primer concerning how the pleading requirements under Rule 8(a) of the Federal Rules of Civil Procedure have been reinterpreted and reshaped by the U.S. Supreme Court in two landmark decisions, Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S 662,129 S. Ct. 1937 (2009).

In the article, Arnold & Porter’s Anand Agneshwar and Paige Sharpe review how these two decisions have been employed in product liability litigation either to win outright dismissals of complaints or to force plaintiffs to clearly state in their complaints – and not after discovery – precisely what they seek to prove. Motions brought under Twombly and Iqbal have come to be known as Twiqbal motions.

Posted in Legal Updates | North America
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