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.
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).
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.
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.
Clifford J. Zatz and Josh Thomas Foust
The decision “may make it impossible to bring certain mass actions at all.”
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.
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.
Riker Danzig Scherer Hyland & Perretti
Georgia, Alabama, Missouri, and Ohio are among the states fighting to overturn legal abortion in America. With a favorable bench, how might Roe v. Wade look in the future?
Holly M. Polglase and Matthew E. Bown
The Supreme Court decides the meaning of Article 10(A) of the Hague Service Convention.
Carol Steinour Young and Emily Hart
On June 19, 2017, the United States Supreme Court settled the issue of whether an offensive name—in this case, an Asian-American rock band called “The Slants”—can properly be registered as a trademark.
The claimants’ workers’ compensation bar in Pennsylvania scored a significant victory when the state’s high court issued its decision in Protz v. WCAB.
The primary question will likely come down to whether or not cell phone data and location records are protected interests under the Fourth Amendment.
Jeff C. Dodd, Tonya Gray, Ben Setnick, John R. Hutchins, Rose Cordero Prey, and Mark A. Chapman
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled practice of virtually nationwide venue for patent infringement cases.
Harold P. Coxson
On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th President of the United States, with an ambitious agenda set for the first 100 days, including the confirmation of his cabinet appointees and a yet-to-be-named Supreme Court nominee.
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.
Richard R. Meneghello
Last week’s election of Donald Trump and the expected shift to a more business-friendly U.S. Department of Labor (USDOL) in the new year should resolve any doubt about the future of this rule.
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.
R. Scott Oswald
If a government supplier quietly ignores vital rules but still bills taxpayers as if it had complied, can it be held liable under the federal False Claims Act — even if it never directly lies about its compliance?
Alston & Bird
The “Messi Doctrine”: Tax Advisors Could Be Prosecuted for Their Tax Advice and Meet the Same Fate Than Their Clients
Mariano Roca López
Could lawyers be held responsible for their client's fraudulent activity?
In these post-conviction cases, we look for Constitutional violations that deprived the defendant of a fair trial and undermined confidence in the outcome.
The result of the case is likely to have immediate and significant implications for a large number of property owners and developers in Washington.
Jamie L. Graham
Patent law is one more area up for debate with changes coming to the Supreme Court.
A successful mediation typically depends upon three key steps: engaging the client on why and when to mediate; actively engaging the adversary prior to the mediation; and advocating at the mediation session itself.
Alexandra A. Bodnar
The case will now return to the district court to implement the settlement and begin the payout to retired players. More than 100 former players opted out of the class settlement, reserving the right to sue the NFL on their own.
Anastasia M. McCarthy
The new Child Victims Act is expected to have a profound and long-lasting impact on public school systems.