John Dollarhide

John Dollarhide

Butler Snow LLP

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Pro Te: Solutio Vol. 8 No. 3

Dear Client - Coming to a court near you (and soon): In our first article, “The 2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know,” we highlight upcoming changes that will impact discovery...more

12/21/2015 - Apex Doctrine Discovery Evidence Federal Rules of Civil Procedure Innovator Liability Legal Project Management New Amendments

Back up the Flagg pole: Fifth Circuit to reconsider improper joinder case en banc after panel votes to remand

We wrote a while back that the Fifth Circuit held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the non-diverse healthcare provider defendants to...more

12/17/2015 - Diversity Jurisdiction En Banc Review Federalism Health Care Providers Improper Joinder Removal Stryker Ortho

Alabama No Longer An Outlier State: Legislature Says “No” To Innovator Liability

I. Introduction - Since the United States Supreme Court’s decision in Pliva, Inc. v. Mensing, the plaintiffs’ bar has been feverishly searching for an alternate theory of recovery when the claimant took a generic...more

12/16/2015 - Generic Drugs Innovator Liability Manufacturers Pharmaceutical Industry Warning Labels

Taking Down the Flagg: Fifth Circuit Remands Med Mal & Device Case for Lack of Diversity Despite Uncompleted Administrative Review...

A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more

10/9/2015 - Administrative Review Board Appeals Dismissals Diversity Jurisdiction Exhaustion Doctrine Federal Rule 12(b)(6) Improper Joinder Joinder Medical Devices Medical Malpractice Motion to Dismiss Removal State Law Claims State Medical Board

Newton’s Third Law: The Alabama Legislature Supersedes Weeks v. Wyeth and Disallows Innovator Liability in Product Liability Cases

Sir Isaac Newton’s Third Law of Motion states, loosely, that for every action there is an equal and opposite reaction. A force exerted by one body upon another causes an equal reaction by the second body. Want an...more

6/2/2015 - AL Supreme Court Failure To Warn Generic Drugs Innovator Liability Inventors Pharmaceutical Industry

I Think We’re Alone Now: Applying the Common-Interest Privilege When No Litigation is Pending

Recently, the New York Appellate Division broadened that state’s common-interest privilege doctrine. In Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 124 A.D.3d 129 (N.Y. App. Div. 1st Dep’t 2014), the court removed...more

4/14/2015 - Appeals Attorney-Client Privilege Common-Interest Privilege Countrywide Interested Parties

A Rory for the Rest of Us (Litigants): Golf’s World No. 1 sees the hazard of high-dollar commercial litigation

Rory McIlroy is the number one ranked golfer in the world. He won back-to-back major tournaments last year and is looking for the “career grand slam” with a win this April at the Masters Tournament, the only major win he...more

1/30/2015 - Athletes Business Litigation Contract Disputes Management Agreements Sports

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

12/9/2014 - Ethics Juror Jury Trial Legal Ethics Litigation Strategies Popular Social Media Social Networks Young Lawyers

That Yo-Yo is actually a Yo-Yo™ — Generic Trademarks

There is a recent magazine ad by Xerox Corporation showing consumer goods by picture only, and the products were instantly identifiable by their popular names: a thermos, an escalator, a trampoline, and a yo-yo. Xerox...more

7/3/2014 - Generic Manufacturers Trademarks Xerox

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