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An Overview of the 2014 Class Action Survey [Video]

To read the full 2014 Class Action Survey report, please visit ClassActionSurvey.com. Fifty-two percent of major companies are currently engaged in class action litigation. This percentage has remained fairly consistent...more

Bernstein Shur Business and Commercial Litigation Newsletter #37

We are pleased to present the 37th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent developments concerning securities fraud liability against law firms and other...more

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

Introduction - For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer...more

Defeating Economic Loss Claims In Pharma Class Actions

Where product liability actions or government investigators have targeted a prescription drug, class actions follow alleging that patients are entitled to a refund of what they paid for the medicine. The theory of these...more

Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion...more

Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin [Video]

Attorney Dan Pascucci, Member of Mintz Levin's Litigation Practice, talks about the Supreme Court’s role in establishing the national identity of class action litigation....more

SDNY Predicts California Would Adopt Bad Faith Exception to Notice-Prejudice Rule

Introduction - The U.S. District Court in the Southern District of New York recently granted, in part, a reinsurer’s motion for summary judgment on a late notice defense, but ruled the issue of whether a reinsurer was...more

7th Circuit Again Certifies Butler v. Sears, Roebuck, & Co. Class

This week we discuss the Seventh Circuit's decision to once more certify the class action cases in Butler v. Sears, Roebuck, & Co. after the case was remanded by the Supreme Court in light of Comcast Corp. v. Behrend....more

eBook: What You Should Know About Conducting An Asset Search

An asset search is usually a nationwide search of public records and records that are not readily available to the public, for the purpose of locating real estate or personal property of a person or corporate entity together...more

Bank Account Searches: Are They Permissble?

Lawyers and other professionals contact our office every day and ask whether it is permissible for an asset search company or private investigator to conduct bank, stock, bond or mutual fund account searches on a subject. The...more

Choosing the Right Asset Search Company

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Asset Search Due Diligence

“CYA” or otherwise referred to as, cover your ass, is my recommendation to those of you who are employed in the personal injury, collections, divorce or corporate due diligence professions. For to satisfy ones due diligence...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

How Interactive Timelines Build and Strengthen Opening Statements

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

Tiara Condominium Association, Inc. v. Marsh & McLennan Companies

Economic Loss Rule

The Florida Supreme Court held that the Economic Loss Rule is limited to product liability cases. However, as discussed in the concurring opinion, this holding will not open up the flood gates for tort claims. Rather, the...more

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants...more

GAO reports on CPSC’s challenges in addressing product safety

The United States (US) Government Accountability Office (GAO) reported on the Consumer Product Safety Commission’s (CPSC) authority and ability to stay generally informed about new risks associated with consumer products and...more

Australia issues $1M fine for flammable children’s sleepwear

The Australian Federal Court has fined a children’s sleepwear brand $1 million in relation to its supply of unsafe children’s nightdresses and pajamas. According to Product Safety Australia, Cotton On Kids Pty Ltd supplied...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

US CPSC & Health Canada recall expanding toys

The United States (US) Consumer Product Safety Commission (CPSC) and Health Canada issued a joint recall of expanding toys in the US and Canada. The toys, which go by the names Water Balz, Growing Skulls, H2O Orbs...more

Legal Byte: Objecting to your own discovery responses?

Legal Byte: Objecting to your own discovery responses? Can a person, after he/she has provided responses to discovery under oath, object to his/her own responses as vague and ambiguous? ...more

Benefits of Established Company Attorney

Corporations, Limited Liability Companies (LLCs) and sole proprietorship companies are sometimes big and sometimes small. No matter the size, having an established relationship with an attorney can have significant and...more

7th Circuit Provides Much Needed Clarification of Class Action “Predominance” Requirement: Butler v. Sears

This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more

When Are Witness Statements Protected As Attorney Work Product?

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

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