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Supreme Court Decides Dubin v. United States

On June 8, 2023, the U.S. Supreme Court decided Dubin v. United States, No. 22-10, holding § 1028A(a)(1), aggravated identity theft, is violated when the defendant’s misuse of another person’s means of identification is at...more

Supreme Court Decides Allen v. Milligan

On June 8, 2023, the U.S. Supreme Court decided Allen v. Milligan, Nos. 21-1086 & 21-1087, holding that Alabama’s redistricting plan adopted for the 2022 congressional elections likely violated Section 2 of the Voting Rights...more

Class Action Filings on the Rise in Europe, Especially in Product Liability Cases Ahead of Full Implementation of the EU’s...

Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more

European Commission Updates Liability Rules to the Digital Age

On September 28, 2022, the European Commission adopted two proposals that adapt liability rules to the digital age, circular economy and the impact of global value chains. These proposals are related to (i) the Revised...more

Supreme Court Decides Oklahoma v. Castro-Huerta

On June 29, 2022, the U.S. Supreme Court decided Oklahoma v. Castro-Huerta, No. 21-429, holding that the State of Oklahoma has concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian...more

Supreme Court Decides West Virginia v. Environmental Protection Agency

On June 30, 2022, the U.S. Supreme Court decided West Virginia v. Environmental Protection Agency, No. 20-1530, holding that the Environmental Protection Agency does not have the authority to require existing coal-fired power...more

Supreme Court Decides Kennedy v. Bremerton School District

On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District, No. 21-418, holding that a football coach’s quiet prayers of thanks after three football games were protected under the Free Exercise and...more

Not Just a Rubber Stamp: FDA Revises Its 510(k) Refuse to Accept Policy

Is the decision to submit a 510(k) application versus a Premarket Application (PMA) at the sole discretion of a medical device manufacturer? The answer is not always clear to product liability lawyers, judges, and juries. FDA...more

Ninth Circuit Asks California Supreme Court to Clarify the Causation Standard Applicable When the Learned Intermediary Doctrine...

How demanding is the causation standard in a California failure to warn claim when a learned intermediary testifies that he would have read and incorporated more stringent warnings if they had been available? Is the plaintiff...more

Snapchat’s ‘Speed Filter’: Georgia Supreme Court Revives Negligent Design Claim

On March 15, 2022, the Georgia Supreme Court revived a negligent design claim that had been brought against Snapchat, Inc. (n/k/a Snap, Inc.) involving Snap’s “Speed Filter.” As one of the few decisions across the country...more

Supreme Court Decides Badgerow v. Walters

On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters, No. 20-1143, reversing the Fifth Circuit, and holding that federal courts may only look to the application to confirm or vacate an arbitral decision in...more

Georgia Supreme Court Will Address the Problem of Abusive “Apex” Depositions

A frequent and vexing issue for corporate defendants, in products liability and other cases, is the demand for a deposition of the company’s CEO or depositions of other senior executives. Even when these executives were not...more

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Supreme Court Decides HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association

On June 25, 2021, the U.S. Supreme Court decided HollyFrontier Cheyenne Refining LLC v. Renewable Fuels Association, No. 20-472, holding that a small refinery can apply for a hardship exemption from the Environmental...more

Supreme Court Decides Niz-Chavez v. Garland

On April 29, 2021, the U.S. Supreme Court decided Niz-Chavez v. Garland, holding that, to constitute a notice to appear sufficient to stop a nonpermanent resident alien’s continuous presence in the country under 8 U.S.C. §...more

Supreme Court Decides Chicago v. Fulton

On January 14, 2021, the U.S. Supreme Court decided Chicago v. Fulton, holding that mere retention of a debtor’s property after the filing of a bankruptcy petition does not violate the automatic stay provided by §362(a) of...more

Florida Supreme Court Ends 2020 With Adoption of the Federal Summary Judgment Standard

Out with the old, in with the new: the Florida Supreme Court closed out 2020 with a key decision that eliminates Florida’s previous summary judgment standard in favor of the federal standard articulated in the Celotex...more

Supreme Court Decides Department of Homeland Security v. Regents of the University of California

On June 18, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Regents of the University of California, holding that the Department of Homeland Security’s rescission of Deferred Action for Childhood...more

Supreme Court Decides Allen v. Cooper

On March 23, 2020, the U.S. Supreme Court decided Allen v. Cooper, No. 18-877, holding that the Copyright Remedy Clarification Act of 1990 (CRCA) lacks a valid constitutional basis to strip the states of their sovereign...more

Supreme Court Decides Comcast Corporation v. National Association of African American-Owned Media

On March 23, 2020, the U.S. Supreme Court decided Comcast Corporation v. National Association of African American-Owned Media, No. 18-1171, holding that the but-for causation standard applies to claims of racial...more

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