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.
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.
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.
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.
What Is a Class Action?
Benjamin H. Whitley
None of these cases were class actions. In fact, they are known in the legal world as mass torts.
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.”
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.
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.
Story of the Tape Discovery: The Correct One
Eugene Boyce
I have never read a complete and true account about the confirmation of a taping system in the Oval Office over the past 43 years.
The Importance of Trial Preparation
Benjamin Slater III
What are the keys to success in the courtroom?
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.
What’s Old Is New: Vaping and Big Tobacco
Bryan O. Blevins, Jr.
A Potential Danger Worse Than Cigarettes
Jumping Hurdles toward the Finish Line
Meredith Aldridge, Colleen Welch, and Alicia Hall
Forty-five years of progress with Title IX.
The Impact of Duran on the Certification Process in Wage and Hour Class Actions
Tim Freudenberger and Nancy Lubrano
In May 2014, class action defense attorney Tim Freudenberger from Carothers DiSante & Freudenberger LLP, obtained a very favorable decision from the California Supreme Court in Duran v. U.S. Bank Nat. Assn., 59 Cal. 4th 1 (2014).
Media Tips in a High-Profile Case
Gregory G. Rizio
How an Attorney Can Successfully Work With the Press
Oklahoma Finds Tort-Reform Statute Unconstitutional
T. Luke Abel
The Beason family had a strong case, and the jury responded by awarding them a sizable payout. But, the court invoked a tort-reform statute that capped the family's winnings, much to the surprise of the jury.
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.
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.”
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Divorce Litigation and Why to Avoid It
Stephen Cullen and Kelly Powers
There are three ways to get divorced—two of them should be avoided if possible—accepting, of course, that there are some spouses who insist on litigation and a trial.
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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.
Factors in Choosing between Arbitration and Litigation
Brian P. Rickert
In drafting contracts, one provision that must be considered for inclusion is the way disputes are resolved.
Medical Malpractice Litigation In New York and New Jersey
Jeff S. Korek
The dramatic difference between these two states in obtaining the opinion of a qualified medical expert has made it much more difficult for those injured in the state of New Jersey by medical negligence.
Nature Calls
Robert Brager
Looking to make a difference as a practitioner of environmental law? These seven pointers will help bolster your green bona fides.
The Growing Need for Expert Witnesses Across All Kinds of Litigation
Erin Quinn-Kong
More lawsuits mean more opportunities for expert witnesses in all industries and specialties.
Understaffed Nursing Homes Jeopardize Patient Safety
Steven G. Wigrizer
Around 70 percent of people currently turning 65 will require long-term care in their lifetime, and they will receive care for an average of three years.
STOLI Law Developing Across the Country As Courts Continue Deciding Cases
John L. Rivkin
That Legal Bulletin highlighted a variety of issues frequently faced in STOLI litigation and discussed the growing life settlement market, which involves the sale of life insurance policies by owners to third parties.
Protect Two of Your Most Valuable Business Assets: Your Company Name and Important Brand Names
Paul C. Van Slyke
Your company name and important brand names are two types of your most valuable business assets. Without your company name and brand names, consumers and trade buyers would not be able to identify easily (and choose) your goods or services over those of another.
