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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

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

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

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

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

Why Agency Fraud Is Like Fraud On The FDA

In our rather terse (due to firm involvement) post on Monday concerning Merck & Co. v. Ratliff, ___ S.W.3d ___, 2012 WL 413522 (Ky. App. Feb. 10, 2012) – beating both BNA and 360 by two days, BTW – we...more

Throw Enough Mud at the Wall and Some of it Will Stick

We could have gone with “if at first you don’t succeed, try, try again.” Or, Dory’s famous “Just keep swimming” from Disney’s Finding Nemo. But, when talking about plaintiffs, slinging mud just feels more appropriate (to...more

Media Distorts Perceptions of Personal Injury

The media help perpetuate the public's perception and misconception regarding personal injury lawsuits. If fair and balanced reporting was followed, the public would learn the vast majority of personal injury lawsuits aren't...more

Directing the Direct When Your Witness is not an Expert

Many people view the direct exam of a non-expert witness as a series of "what happened next?" questions. With a little planning and effort, your directs can crackle with every bit of tension as a cross-examination. This...more

Perception is Reality

Perception is Reality for legal teams. Capitalizing on a diverse legal team is important in the Twenty-first century. ...more

Second Chair is Much More than Second Fiddle

A second seat, or co-counsel, can be a critical position in trial. This article focuses on getting the best from your second seat, or if you are in that role, how to be most useful....more

Supreme Court Appears to Hand Unanimous Victories to Investors, But Leaves Lots of Openings for Defendants

Matrixx Initiatives, Inc. v. Siracusano and Erica P. John Fund v. Halliburton The Supreme Court issued two opinions this term that could dramatically alter the landscape of securities fraud litigation. In Matrixx...more

Protecting Investigative Materials

A great summary of Attorney Client and Work Product Privilege in the context of an internal investigation. Something you should keep in mind when bad things happen....more

Sharpening Your Oral-Argument Skills

Preparing to argue before the Court of Appeal? Oral argument usually strikes fear in the hearts of many attorneys, especially those who rarely handle appeals or appear before an appellate court. This article contains some...more

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