An Overview of the 2014 Class Action Survey
The work product doctrine protection rests on three elements: (1) litigation; (2) anticipation; (3) motivation. In normal civil or criminal litigation, the first element presents an easy analysis....more
All lawyers can benefit from having available a toolbox of general legal knowledge with which to frame a case to their client’s advantage. For business attorneys the economic loss rule is a particularly useful tool. At its...more
The learned intermediary doctrine can be a legal defense against product liability claims. It is most commonly applied in cases involving drugs and medical devices. A learned intermediary is a medical expert, such as a...more
Recent corporate scandals have made effective and honest corporate governance the chief priority for every company. Proactive and incisive white collar defense counsel in this area is a must. Reacting swiftly to serious...more
Class Action Defense Menu: Statutes of Limitations Served Two Ways. The statute of limitations is an underutilized but potentially potent defense in many consumer class actions. The defense can be raised two ways. First, as...more
Motions to dismiss have been called “the main event” in securities class actions. They are filed in over 90% of securities class actions and they result in dismissal close to 50% of the time they are filed. In contrast, out...more
White v. Mazda Motor of Am., Inc., 313 Conn. 610 (2014) -
This case illustrates the importance of sufficiently pleading claims and defenses, and moving for leave to amend the pleadings if there is some question or...more
Patent trolls are not all the same. They have different tactics, different areas of expertise, and they can behave in very different ways in litigation. But they all want money. And they all do what they can to get as much of...more
For many defendants in antitrust litigation, the procompetitive nature of their alleged conduct is a topic near the bottom of the list of subjects they want to address.
They would prefer to first exhaust all of the...more
The issue confronting an Illinois appellate court in BNSF Railway Company v. Probuild North LLC, No. 1-12-3648 (Ill. App. Ct. June 11, 2014), was not uncommon. The plaintiff sought coverage from its insurer under a...more
Getting sued – no matter how large or small the amount being sued for – can be a very stressful situation. Surprisingly, some debt buyers like Midland Funding and Portfolio Recovery Associates will file lawsuits to recover...more
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
On October 29, 2013, the California Court of Appeal affirmed as proper a trial court’s refusal to give defendant John Crane, Inc.’s (Crane’s) requested jury instruction on the “sophisticated user” defense. In Anne Pfeifer, et...more
As of August 2013, since the fallout from the recent financial crisis, the FDIC as receiver for failed banks has brought suit against former directors and officers of 76 failed institutions. These lawsuits are based on...more
I’m tired of hearing insurance defense lawyers described as devils: unethical, uncaring, evil, dedicated to destruction of valid claims and to refusing appropriate compensation for real injuries. I’ve been representing...more
On July 10, 2013, a majority of a three-judge panel of the Superior Court of Pennsylvania cut a new path for insureds and insurers with respect to defense under reservations of rights. See The Babcock & Wilcox Company, et al....more
On June 4, 2013, the Ninth Circuit issued an opinion in Harris v. Amgen, reversing an order granting a motion to dismiss and reviving a class action ERISA lawsuit based on allegedly imprudent investments in company stock. In...more
In this presentation:
- Overview and recommendations regarding hearing procedures.
- Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act.
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