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Supreme Court Reinstates Statutory “Consent” to General Personal Jurisdiction

On June 27, 2023, the United States Supreme Court decided Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749, 600 U.S. ___ (June 27, 2023), a decision that likely will reinvigorate forum-shopping efforts by plaintiffs...more

EU Publishes General Product Safety Regulation – Full Enforcement to Commence in December 2024

On May 23, 2023, the European Commission formally published the new General Product Safety Regulation, which reforms a variety of product safety regulations for manufacturers doing business in the European Union (EU) and its...more

Class Action Filings on the Rise in Europe, Especially in Product Liability Cases Ahead of Full Implementation of the EU’s...

Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more

European Commission Updates Liability Rules to the Digital Age

On September 28, 2022, the European Commission adopted two proposals that adapt liability rules to the digital age, circular economy and the impact of global value chains. These proposals are related to (i) the Revised...more

The EU’s Collective Redress Directive — Are Collective Redress Suits Already Happening in Some EU Member States?

In this sixth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions for...more

Title VI Civil Rights Act Complaint

The Biden administration has made Environmental Justice a key component of its overall environmental agenda. EPA highlights EJ and civil rights in its draft strategic plan noting it will place a focus on “justice, equity, and...more

The EU’s Collective Redress Directive — An Analysis of the Interplay with EU General Data Protection (GDPR)

In this fourth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions...more

The EU’s Collective Redress Directive — A Look at What Constitutes a ‘Qualified Entity’

In this third alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation entitled the Directive of the European Parliament and of the Council on Representative Actions...more

The EU’s Collective Redress Directive — A Look at What Constitutes a ‘Trader’

In this second alert in our series regarding the European Parliament’s formal endorsement of a new collective action legislation titled the “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25...more

The EU’s Collective Redress Directive — The Potential for Collective Consumer Lawsuits: An Introduction

The European Parliament formally endorsed the text of a new collective actions legislation, “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on Representative Actions for the...more

Considerations from the ABA’s Best Practices for Litigation Funding

The exact dollar amount that third-party investors infuse in U.S. lawsuits every year is unknown, but conservative estimates begin around $2.3 billion, with agreement that the industry has room to grow. With the ongoing...more

New Conferral Requirement for Rule 30(b)(6) Depositions Effective December 1

The last month of the year brought changes to Rule 30 of the Federal Rules of Civil Procedure, specifically Rule 30(b)(6), governing deposition notices to organizations. The rule was amended, effective December 1,...more

“Fruit Puree” Held a Fair Game First Ingredient in Fruit Snacks Label by California Court of Appeal

The California Court of Appeal, First Appellate District, recently affirmed judgment in favor of a fruit snack manufacturer who claimed “fruit” was stated to be the first ingredient on a front label but listed “fruit puree”...more

Supreme Court Decides Dutra Group v. Batterton

On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness. Christopher Batterton worked as a...more

Supreme Court Decides McDonough v. Smith

On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more

Supreme Court Decides Manhattan Community Access Corp. v. Halleck

On June 17, 2019, the United States Supreme Court decided Manhattan Community Access Corp. v. Halleck, No. 17-1702, holding that a private nonprofit corporation that operates the public-access channels on the cable system in...more

Supreme Court Decides Republic of Sudan v. Harrison et al.

On March 26, 2019, the U.S. Supreme Court decided Republic of Sudan v. Harrison et al., No. 16-1094, holding that the Foreign Sovereign Immunities Act of 1976 (FSIA) requires a mailing to be sent directly to the foreign...more

Supreme Court Decides Hall v. Hall

On March 27, 2018, the United States Supreme Court decided Hall v. Hall, No. 16-1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42(a) is finally decided, that decision confers...more

Supreme Court Decides Murphy v. Smith, No. 16-1067

On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more

Supreme Court Decides Fry v. Napoleon Community Schools

On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities...more

Supreme Court Decides Direct Mktg. Ass'n. v. Brohl

On March 3, 2015, the Supreme Court decided Direct Mktg. Ass’n. v. Brohl, No. 13-1032, holding that the Tax Injunction Act (TIA), which provides that federal district courts “shall not enjoin, suspend or restrain the...more

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