News & Analysis as of

Jury Instructions Remand

Perkins Coie

AseraCare Settlement Ends Medical Judgment False Claims Act Case With a Whimper

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The U.S. Department of Justice (DOJ) has reached a settlement with hospice company AseraCare, closing a 12-year-old saga that carries substantial implications for False Claims Act (FCA) enforcement in cases involving a...more

White and Williams LLP

Superior Court of Pennsylvania Rejects Pre-Tincher Product Liability Jury Instruction and Grants Tincher Defendant a New Trial

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Despite the monumental change in product liability law brought about by the Pennsylvania Supreme Court’s 2014 decision in Tincher v. Omega Flex, many plaintiff attorneys have continued to push judges to give jury instructions...more

White and Williams LLP

Superior Court of Pennsylvania Reverses Tincher and Rules that Azzarello Jury Instructions Fail to Conform to Applicable Law

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In 2014, The Supreme Court of Pennsylvania decided Tincher v. Omega Flex and overruled Azzarello. The Tincher court remanded the case for further proceedings to determine whether the defendants should be granted a new trial....more

Dorsey & Whitney LLP

The Supreme Court - June 26, 2017

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The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

Knobbe Martens

Medical Device Manufacturers’ Duty to Warn Expands

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The Washington State Supreme Court recently released its decision in Taylor v. Intuitive Surgical, Inc. where it held that Washington law requires medical device manufacturers to warn hospitals that purchase their products of...more

Jackson Walker

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

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Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Williams Mullen

Supreme Court Unanimously Reverses McDonnell Conviction

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Earlier this week the United States Supreme Court handed former Virginia Governor Bob McDonnell a big victory by reversing his 2014 conviction for “accepting payments, loans, gifts, and other things of value from [Johnnie]...more

Seyfarth Shaw LLP

For Reasonable Accommodation Claims, Employer Intent May Be Irrelevant to Liability

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Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities. On...more

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