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The State and Local GMO Regulatory Landscape – Post-Election Edition

The November election changed the regulatory landscape for genetically modified organisms (“GMO”). Though none of the proposed GMO labeling laws on state ballots succeeded, two counties were successful in passing either a ban...more

Belgian Class Actions - The Final Stretch

The Belgian collective redress act (hereafter the Collective Redress Act) was signed into law just before the Easter break on 27 March 2014 and is expected to enter into force in the next couple of months (a royal decree...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Presentation - Social Networking: An Ethical Issues Update.

The ethical issues surrounding the use of social media in the legal environment is constantly evolving, making it very important for attorneys to keep abreast of recent decisions, regulatory initiatives and legislative...more

Little Tucker Act Does Not Waive Sovereign Immunity For Alleged Violation Of Fair Credit Reporting Act

The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more

You Should Know - October 2012

2012 Voter’ s Guide to State Judicial Elections - Flood of Money, Negative Ads Threaten Right to Fair Trial Three darkly silhouetted “murderers” describe their gruesome crimes, and then tell viewers that “Judge Thomas...more

DRI Product Liability Conference Underway

This week I am attending the DRI Product Liability seminar. Yesterday's highlights included a keynote address by Hon. Anne Northup, Commissioner of the Consumer Product Safety Commission. Her remarks covered "The Past,...more

Exclusions of Liability and Consumer Protection Legislation

From time-to-time, I will comment on legal developments in consumer protection that have implications for the e-commerce environment. On March 15, 2012, the British Columbia Court of Appeal released its decision in Loychuk v....more

Shoulder Dystocia and the Duty of Informed Consent

This article discusses the need for medical practitioners to consult state law rather than rely exclusively on ACOG Practice Bulletins when attempting to determine their obligation of informed consent when it comes to the...more

Ninth Circuit Decertifies Consumer Fraud Class

The Ninth Circuit last week reversed the certification of a nationwide class raising consumer fraud claims against an auto maker. See Mazza, et al. v. American Honda Motor Co., No. 09-55376 (9th Circuit). Honda appealed...more

Victims of Work-from-Home Scam Receive Refunds via FTC

About 75,000 victims of a work-from-home scam have received refunds of the money they paid courtesy of the FTC. This scam offered an online work-from-home opportunity where the victims were sold access to job listings. The...more

Felecita Del Carmen Canas, et al v. Centerpoint Energy

Plaintiffs' Memorandum of Law on the Filed Tariff Doctrine and how it Does not Protect a Gas Utility from Tort Liability

Felecita Del Carmen Canas was burned alive in a gas explosion. She left three orphans. Millions and millions of underground pipelines transport gas from public utility companies to our homes, schools and businesses. Most of...more

The Time is Right for California Policy Holders to Fully Benefit from Underinsured Motorist Coverage

The combination of the poor economy and the dated minimum California statutory limits makes the time right to readjust the intent of the uninsured/underinsured motorist law. The stated effect of the law, to guarantee to an...more

Duo of Appellate Decisions Provide Guidance on the Scope and Limits of NJ's Statute of Repose

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

Varderesyan v. Dependable Highway Express

Opposition to Motion to Reduce Verdict re Past Medicals

This Opposition to defendant's motion to reduce verdict re past medical bills was successful in light of recent opinions designed to reduce verdicts for plaintiffs who received past medical awards from their jury. This issue...more

Federal Fair Debt Collection Liability for Violation of State Licensing Laws

On February 23, 2011, the United States District Court for the District of Maryland followed the United States Court of Appeals for the Eleventh Circuit in holding that a debt collection company could incur liability under...more

Vardersesyan v. Dependable Highway Express

Motion In Limine Re Medical Bill Reduction as Collateral Source

This is the per-trial Motion in Limine to prevent the defendant from introducing a proposed "reduction" of a large hospital bill on the grounds that such evidence violates the collateral source rule. The Court granted the...more

Construction Oberview: Ober|Kaler Attorneys Obtain Significant Jury Award, Including Substantial Attorney’s Fees, for Homeowner...

Ober|Kaler Construction Group principal Raymond Burke and associate Kelly Preteroti recently secured a significant jury award on behalf of the owners of a townhome in Montgomery County in a claim involving faulty construction...more

Sex, Drugs & Violence: Negligent Security Litigation 2010

Published summary of November 2010 "Sex, Drugs & Violence" seminar with John Elliott Leighton as the keynote speaker, moderated by Peter Ariz, Esq., held in Miami, Florida. This was the 2nd annual Sex, Drugs & Violence...more

Punitive Damages

While the civil justice system almost never concerns itself with punishing wrongdoing, instead focusing on compensating victims for harm they suffer, there are some cases where civil courts take it upon themselves to deter...more

Wrongful Termination/Car Salesman - Loss of Purchased Vehicle - Deceptive Trade Practices Act Demand Letter

The Texas Deceptive Trade Practices Act requires that before filing suit a plaintiff send to a prospective defendant a demand letter. Each letter is different, just as each case is different. I try to not just threaten the...more

New Recalls Affecting Children

One of the many things personal injury attorneys do is fight to protect the helpless, defenseless members of our society, including children. When large manufacturers ignore their duty to exercise reasonable care in the...more

Small Claims Not So Small

The monetary limit for complaints filed in the Massachusetts small claims court increased from $2000 to $7000. This change allows citizens greater freedom to seek legal redress on their own for claims that may be relatively...more

Bad Doctors - Who is Minding the Store?

An updated annual ranking of state medical boards by the consumer advocacy group Public Citizen reveals widespread discrepancies in both the numbers of disciplinary actions taken against physicians' licenses, and the rates of...more

DWD: Driving While Distracted - The New DUI

DWD (aka Driving While Distracted) is the new DUI -- commonplace and deadly. In this article, John Elliott Leighton discusses the scop eof the problem, legal remedies, and societal deterrents to this behavior. In what has...more

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