The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more
An Illinois appellate court recently reversed a $43 million jury verdict in a personal injury case (Kroft v. Viper Trans, Inc.)1 involving an automobile collision, remanding the case for another trial—now the third—after the...more
4/29/2025
/ Appeals ,
Attorney Misconduct ,
Damages ,
Illinois ,
Jury Trial ,
Jury Verdicts ,
Legal Ethics ,
Misleading Statements ,
Reversal ,
Social Media ,
Trial Practice Guidance
The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 514 regarding a lawyer’s obligations when advising organizational clients. Under such...more
3/19/2025
/ American Bar Association (ABA) ,
Client Representation ,
Corporate Counsel ,
Disclosure Requirements ,
Ethics ,
Fiduciary Duty ,
Legal Ethics ,
Liability ,
Professional Liability ,
Risk Management ,
Rules of Professional Conduct
In 2022, over 500 plaintiffs filed a case alleging that Merck Sharp & Dohme Corp., a drug manufacturing company, failed to provide adequate warnings that one of their drugs increased the risk of atypical femoral fractures....more
An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more
12/23/2024
/ Article III ,
Automotive Industry ,
Class Action ,
Class Certification ,
Class Members ,
En Banc Review ,
General Motors ,
Injury-in-Fact ,
Manufacturers ,
Manufacturing Defects ,
Motor Vehicles ,
Product Defects
Case Background - When she was a preteen, E.D. began experiencing symptoms of anorexia nervosa. Her condition worsened, and her parents, the Dwyers, took her to Avalon Hills, a residential treatment facility....more
The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more
9/19/2024
/ Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Equal Employment Opportunity Commission (EEOC) ,
Fitness for Duty Exams ,
Hiring & Firing ,
Putative Class Actions ,
Statute of Limitations ,
Termination ,
Tolling
As the “AI Revolution” continues to gain momentum, questions concerning professional ethics have arisen across almost all professions. For legal services providers in particular, this disruptive technology poses both risks...more
8/21/2024
/ American Bar Association (ABA) ,
Artificial Intelligence ,
Client Communication ,
Confidential Information ,
Document Review ,
Governance Standards ,
Law Practice Management ,
Legal Ethics ,
Legal Project Management ,
Legal Research ,
Legal Technology ,
Machine Learning ,
Professional Responsibility ,
Risk Assessment ,
Technology-Assisted Review ,
Young Lawyers
At the risk of stating the obvious, we are still in the early days of what we believe to be an “AI Revolution” in the way that goods and services, including legal services, are and will be provided. That means that we do not,...more
7/26/2024
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Authorship ,
Client Representation ,
Confidential Information ,
Copyright ,
Data Breach ,
Data Collection ,
Data Preservation ,
Document Review ,
Ethics ,
False Statements ,
Innovative Technology ,
Law Firm Ownership ,
Legal Ethics ,
Legal Project Management ,
Legal Research ,
Legal Technology ,
Machine Learning ,
Privileged Communication ,
Risk Mitigation ,
Rules of Professional Conduct ,
Technology-Assisted Review
A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more
6/27/2024
/ Baby Products ,
Children's Products ,
Corporate Counsel ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Hazardous Substances ,
Jurisdiction ,
Metals ,
Negligence ,
Retailers ,
Toxic Chemicals
Inhance Technologies, a Texas-based plastic and chemical transformation company, went head-to-head with the Environmental Protection Agency (EPA) before the U.S. Fifth Circuit Court of Appeals earlier this year. The Court’s...more
As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more
3/29/2024
/ Cancer ,
Chemicals ,
Consumer Product Companies ,
Environmental Protection Agency (EPA) ,
Failure To Warn ,
FIFRA ,
Hazardous Substances ,
Manufacturers ,
Marketing ,
Misbranding ,
Pesticides ,
Product Labels ,
Settlement Agreements ,
Warning Labels