"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
What is Subrogation and How Does it Affect Settlement Amounts?
The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian affiliate of that...more
On 5 December 2014 the Commission’s Directive on rules governing actions for damages for infringements of competition law (the Damages Directive) was published. Member States will now have two years plus twenty days (until...more
On October 23, the Second Circuit Court of Appeals issued a decision in Mastafa v. Chevron Corp., a case filed against Chevron Corp. and BNP Paribas pursuant to the Alien Tort Statute (“ATS”). The court upheld the District...more
In late September, the District Court for the District of Columbia ruled that two closely related cases filed against Exxon Mobil Corporation, and several of the company’s subsidiaries, could proceed. Plaintiffs in both...more
The U.S. Supreme Court's recent decision in Kiobel v. Royal Dutch Petroleum upholding the dismissal of an Alien Tort Claims Act (ATCA) suit, left a great deal unanswered. The Kiobel decision did, however, limit the potential...more
Are you an owner or officer of a small or midsize business? An import or trade compliance professional? Someone whose job responsibilities include some aspect of the process of importing merchandise into the United States,...more
When a corporation sends an officer to a conference in California, is the corporation present in California? A corporation can only act through its officers. Thus, it might be said that the corporation is present wherever...more
In the last month, two federal appellate courts have issued decisions in cases filed against U.S.-based corporations pursuant to the Alien Tort Statute (“ATS”). Both courts applied the “touch and concern” standard established...more
On June 4, 2014, the Second Circuit issued its decision in Lotes Co., Ltd. v. Hon Hai Precision Industry Co., an important ruling on the reach of the U.S. antitrust laws to foreign conduct.
The Foreign Trade Antitrust...more
In this complex international admiralty case, a sea captain sustained an injury as a result of a defective food lift on a ship. The ship owner, manager, and employer brought third-party claims against the ship designer and...more
The equipment finance industry breathed a sigh of relief when Federal legislation was enacted in 2005 preempting state laws imposing vicarious liability on lessors of motor vehicles. That relief may have been premature if the...more
In a mid-April decision in the In re: South African Apartheid Litigation, the Southern District of New York (“SDNY”) has tackled one of the most pressing legal questions left unanswered by the Supreme Court last year in...more
Given that this case was decided last summer, I can’t quite put the headline in the present tense. I’m slow to the draw on it, but I think it’s important. Last July, in Writt v. Shell Oil Co., 409 S.W.3d 59 (Tex. Ct. App....more
In Daimler AG v. Bauman, 571 U. S. ____ (Jan. 14, 2014), the U.S. Supreme Court reiterated that general or “all-purpose” jurisdiction can be exercised over foreign corporations only “when their affiliations with the State...more
A recent ruling by Ontario’s highest court clarifying the law governing the enforcement of foreign judgments may turn Canada’s most populous province into an attractive forum for plaintiffs seeking to collect on judgments...more
In Daimler AG v. Bauman, No. 11-965, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014) (Ginsburg, J.), the Supreme Court of the United States held that a court may not exercise general personal jurisdiction over a non-U.S. corporation...more
The United States Supreme Court earlier this month issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place in the U.S. In...more
In prior reports, we have covered significant US court decisions addressing personal jurisdiction—the question whether, even if it is clear that certain claims may be raised in a US litigation, a particular individual or...more
We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged wrongdoing by a foreign...more
The US Supreme Court last week issued a major ruling that will significantly limit where corporations may be sued for claims that do not relate to business they may do in a particular place. In Daimler A.G. v. Bauman, the...more
The Supreme Court’s decision in Daimler AG v. Bauman (Jan. 14, 2014), dealing with the topic of “general jurisdiction,” significantly limits a plaintiff’s options as to where to bring a lawsuit.
The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more
It is no secret that U.S. courts are among the most favorable to plaintiffs, especially with regard to damages awards. For this reason, there has been a growing trend of foreign plaintiffs bringing law-suits in the U.S. even...more
On January 14, 2014, the U.S. Supreme Court in Daimler AG v. Bauman held that Argentinian plaintiffs could not sue a German car manufacturer in California for human rights violations allegedly committed in Argentina. The...more
A sweeping decision by the Supreme Court on January 14 has further restricted the circumstances under which plaintiffs may sue multinational corporations in U.S. courts for harms occurring outside the United States....more
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