Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
What can I be compensated for after an accident injury that was not my fault?”
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
Case Involving Burger King Employee Spitting in Officer’s Burger Goes Before WA Supreme Court
Ex-Boy Scout Trial Exposes Group’s “Pervert” Cover Up
Worst Case Scenarios for Alleged Copyright Infringers
Managing Legal Risks as a Start-up
Kenseth v. Dean Health Plan, Inc., represents a significant departure from the decades of law prior to Cigna v. Amara holding that employees could not recover for misrepresentations by employers over benefit coverage if the...more
Although the U.S. Court of Appeals for the Federal Circuit did not take a position on the propriety of bifurcating damages and willfulness, to the extent those issues are separate from infringement, a party will now be able...more
On June 11, 2013, the European Commission published a proposal for a directive on private damages actions for breaches of EU competition law. If adopted, the directive will facilitate private damages actions in the national...more
Lack of “imminent risk” does not bar recovery for economic loss arising from a dangerously defective structure, the Alberta Court of Appeal recently held. Typically, courts are reluctant to award lost profits or other...more
As summer approaches, many companies will face the tempting invitation from students to work “for free” as interns. While some companies may consider jumping at the chance to enhance their workforce without incurring the...more
A woman received phone calls from a debt collector who said a “civil claim” was pending against the woman for a consumer debt. The woman sued in federal court, alleging violations of state and federal fair debt collection...more
On June 11, 2013, the European Commission (Commission) issued a widely anticipated series of proposals designed to advance private antitrust damage and collective actions in Europe. To accomplish this, the Commission issued...more
The Oklahoma Supreme Court has struck down the state’s tort reform law with a pair of decisions that eliminate certain obstacles to plaintiffs’ court access but leave a number of legal questions unsettled....more
Michigan lawmakers are attempting to drastically reform the state’s medical malpractice laws. Last month, the House passed bills aimed to modify the current state of medical malpractice in Michigan....more
On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a...more
As we previously advised in the April 2013 issue of Epstein Becker Green’s Take 5 Newsletter, on June 11, 2013, over Mayor Michael Bloomberg’s veto, an amendment to the New York City Human Rights Law (“NYCHRL”) becomes...more
The outbreak of a serious liver viral infection, Hepatitis A, has been linked to a frozen berry product distributed by Costco, according to the Food and Drug Administration. So far, 79 people in seven states, including...more
In July of 2012, the Federal Circuit largely affirmed a decision by the CFC to award over $10.6 million in breach of contract damages stemming from the Government’s failure to accept spent nuclear fuel from the owners of the...more
A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. ...more
In many disputes over non-competition agreements, the litigation focuses on obtaining the temporary restraining order and/or preliminary injunction to stop the competition before the real damage is done....more
A term sheet can play a useful role by allowing the parties to focus on key issues first, without getting bogged down in details. But what happens when a party agrees to a term sheet but insists on very different terms for...more
A jury in Philadelphia, Pennsylvania, recently awarded $15 million to plaintiffs in an automobile products liability case. Noreen Lewis, a family physician, rented a 2006 Toyota Sienna from the local car-share service...more
In a case that reverberated throughout Chinese state-owned and private companies, as well as various organs of the Chinese government, in a recent private civil class action case in United States District Court for the...more
In This Issue: News from the Bench: - Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions - The Federal Circuit Affirms...more
Have you ever wondered what happens when you retain an attorney to pursue your motorcycle accident claim? The process is somewhat complicated, but in the end you are more likely to collect damages from the at-fault driver...more
On June 6, for the first time, the Florida Supreme Court approved standard jury instructions for use in contract and business litigation. ...more
Since the Supreme Court granted certiorari in Comcast v. Behrend, class action watchers eagerly awaited the next installment in the “clarification” of the proper standard for determining when and if class treatment is...more
Drunk driving is a scourge across the nation. According to the Centers for Disease Control, nearly 30 people die every day in drunk driving crashes. In fact, drunk driving crashes account for about one-third of all motor...more
In a recent case before the Delaware Supreme Court, SigaTechnologies v. PharmAthene, the court upheld a Delaware Chancery Court’s ruling that an express agreement between parties to negotiate in good faith, even if the...more
In Datascope Analytics, LLC v. Comcast Cable Communications, Inc., No. 13-608, 2013 U.S. Dist. LEXIS 70215 (E.D. Pa. May 17, 2013), the District Court dismissed a proposed class action at the inception of the lawsuit because...more
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