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Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness
Michael L. Cook
This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether.
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Survey Says: Tips On Getting Over the Daubert Hurdle
Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.
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Behind MGM Suits Against Concert Shooting Victims
Amanda Bronstad
MGM Resorts International’s filing of lawsuits against 2,500 victims of the Oct. 1, 2017, mass shooting at the country music concert in Las Vegas was an unprecedented move that has plaintiffs’ lawyers accusing the entertainment conglomerate of forum shopping and defense lawyers scratching their heads.
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The Intellectual Property Strategist
Affirmation of the Alien Venue Rule
Brian Kramer and Kevin T. Kwon
In re: HTC Corporation
The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court’s recent decision in TC Heartland did not supplant the long-standing rule that venue laws do not protect foreign defendants.
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SCOTUS Recap: What Lies Ahead for the Lower Courts’ Tests for “Non-Statutory Insiders”
Daniel A. Lowenthal and J. Taylor Kirklin
Ultimately, Village at Lakeridge is noteworthy for what the Supreme Court did not decide. In granting certiorari, the Supreme Court declined to address whether the lower courts’ various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.
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Decision of Note: Live Nation Can’t Force Arbitration over Online Ticketing Site
Max Mitchell
Agreeing to arbitration was supposed to be as easy as clicking a button, but Live Nation was unable to show that a man seeking to sue the company actually clicked any of the buttons indicating his consent to arbitrate.
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