Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
An Introduction to Multidistrict Litigation
Annesley H. DeGaris
Many lawyers who do not regularly handle mass tort cases can be frustrated by the multidistrict litigation (MDL) process.
Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco
Clifford J. Zatz and Josh Thomas Foust
The decision “may make it impossible to bring certain mass actions at all.”
Divide and Conquer: Plaintiffs Need a Single Forum that Accommodates the Realities of Contemporary Economic Activity
David A. Mazie and David M. Estes
The growth of mass tort litigation tracks with industries’ shift to mass marketing and distribution of pharmaceutical and consumer products on a national scale.
The Importance of Trial Preparation
Benjamin Slater III
What are the keys to success in the courtroom?
Product Liability in 3D
Stephen G.A. Myers and Kelly E. Brilleaux
How will liability issues evolve as product liability lawsuits begin to surface involving 3D-printed products?
Strategies for Deposing Lay Expert Witnesses When Defending Railroad Companies
Benjamin Slater III
Taking a measured approach during expert witness depositions is sometimes the most challenging aspect.
Will the Bristol-Myers Decision of Personal Jurisdiction Further Consolidate Litigation in MDLs?
Jeffrey Travers and Michael J. Miller
We were able to obtain a verdict for Mr. Cooper within a year of opting for the state courts.
How Litigation Finance Brings Power to the Plaintiff
Eva Shang
Legalist launched a two-week campaign to help consumers sue Equifax—in small claims court.
Supreme Court further Restricts Where Plaintiffs Can Sue in Mass Torts
Gregory Bubalo and Katherine A. Dunnington
Bristol-Myers Squibb Co. v. Superior Court of California will significantly impact the plaintiffs’ choices of forums for the filing of mass torts actions.
Challenges to Legal Practitioners in the Trump Era
Sean M. Cleary
In the case of tort laws and legal reform, for instance, Trump seems to side with "the little guy.”
Justice Gorsuch’s Strange Detour in Alien Tort Statute Case
Motley Rice
Justice Neil Gorsuch wasn’t a member of the U.S. Supreme Court back in 2004, when the justices ruled in Sosa v. Alvarez-Machain (124 S.Ct. 2739) that in certain limited circumstances, foreign nationals can use a 1789 law, the Alien Tort Statute, to sue in U.S. courts for violations of the law of nations.
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Families of Las Vegas Shooting Victims May Struggle With Inevitable Wrongful Death Lawsuits
Richard Morse
It is easy to buy guns and hard to hold anyone other than the user accountable.
Jumping Hurdles toward the Finish Line
Meredith Aldridge, Colleen Welch, and Alicia Hall
Forty-five years of progress with Title IX.
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Supreme Court Slams Door on Out-of-State Plaintiffs’ Suits
Dona Szak
In Bristol-Myers Squibb Co. v. Superior Court of California, multiple plaintiffs sued Bristol-Myers Squibb Co. (BMS) in a California state court to recover damages allegedly caused by their use of BMS’ anti-clotting drug, Plavix.
We Have an Arbitration Agreement, So What Are We Doing in Court?
Patricia H. Thompson
Very simply, delay in dispute resolution is bad for business.
Send, Serve, or Both
Holly M. Polglase and Matthew E. Bown
The Supreme Court decides the meaning of Article 10(A) of the Hague Service Convention.
Product Liability for Internet-Connected Devices
Sean M. Cleary
Product Liability for Internet-Connected Devices
What Does Uber's Personal Injury Insurance Plan for Drivers Entail?
Barry Levy
Uber drivers are not required to obtain a personal injury insurance plan.
USA v. Moss Limits Regulatory Jurisdiction on the OCS
Grady S. Hurley
The U.S. Department of the Interior (DOI) has primary regulatory jurisdiction over OCS oil and gas operations. Following the Deepwater Horizon incident in 2011, the Bureau of Ocean Energy Management (BOEM) was created to issue leases and the Bureau of Safety and Environmental Enforcement (BSEE) established to promote safety, protect the environment, and conserve national resources.
The Parade of Horribles
Amy Gunn
Lawsuits about a blood-thinning drug that prevents platelets from clumping together now prevents plaintiffs from joining together to bring state law claims against a corporation when not every plaintiff was harmed in that state.
The Purpose of Mediation in a Personal Injury Case
Sean M. Cleary
The Purpose of Mediation in a Personal Injury Case
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Vigilant for Safety in Oil Fields and on Highways
Frank L. Branson
Hardworking Americans in the oil patch live and toil in a perilous environment, performing some of the most dangerous jobs in the U.S. today.
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The Cost of Medical Bills for Injuries Caused by Car Accidents
Stann W. Givens
An overview of the different age groups and costs involved in medical bills from car accident injuries.
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Liability Following a Bus Accident
Sherwin Arzani
Unlike a car accident, determining liability in a bus accident can be difficult.
Takata Can Extend Airbag Lawsuit Freeze for Individuals
Motley Rice
The Delaware bankruptcy judge presiding over the Takata case on Monday granted the debtors’ request to extend the freeze on lawsuits connected to its dangerously defective airbag inflators through late February for individual claims, but will revisit a stay on state enforcement actions in 30 days.
Fate of Federal Class Action System Lies in Hands of U.S. Senate
Steven R. Jaffe
The Senate mulls sweeping changes proposed in the Fairness in Class Action Litigation Act of 2017.
