On June 27, 2023, the United States Supreme Court decided Mallory v. Norfolk Southern Railway Co., 2023 WL 4187749, 600 U.S. ___ (June 27, 2023), a decision that likely will reinvigorate forum-shopping efforts by plaintiffs...more
On May 23, 2023, the European Commission formally published the new General Product Safety Regulation, which reforms a variety of product safety regulations for manufacturers doing business in the European Union (EU) and its...more
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
3/2/2023
/ Class Action ,
Collective Redress ,
Consumer Fraud ,
Corporate Counsel ,
EU ,
France ,
Germany ,
Macedonia ,
Member State ,
Netherlands ,
Portugal ,
UK
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
In this sixth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions for...more
The Biden administration has made Environmental Justice a key component of its overall environmental agenda. EPA highlights EJ and civil rights in its draft strategic plan noting it will place a focus on “justice, equity, and...more
In this fourth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions...more
In this third alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation entitled the Directive of the European Parliament and of the Council on Representative Actions...more
In this second alert in our series regarding the European Parliament’s formal endorsement of a new collective action legislation titled the “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25...more
The European Parliament formally endorsed the text of a new collective actions legislation, “Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on Representative Actions for the...more
The exact dollar amount that third-party investors infuse in U.S. lawsuits every year is unknown, but conservative estimates begin around $2.3 billion, with agreement that the industry has room to grow. With the ongoing...more
The last month of the year brought changes to Rule 30 of the Federal Rules of Civil Procedure, specifically Rule 30(b)(6), governing deposition notices to organizations. The rule was amended, effective December 1,...more
The California Court of Appeal, First Appellate District, recently affirmed judgment in favor of a fruit snack manufacturer who claimed “fruit” was stated to be the first ingredient on a front label but listed “fruit puree”...more
On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness.
Christopher Batterton worked as a...more
On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more
6/21/2019
/ 42 U.S.C. §1983 ,
Acquittals ,
Appeals ,
Cause of Action Accrual ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
False Evidence ,
Loss of Liberty ,
Malicious Prosecution ,
McDonough v Smith ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statute of Limitations ,
Time-Barred Claims
On June 17, 2019, the United States Supreme Court decided Manhattan Community Access Corp. v. Halleck, No. 17-1702, holding that a private nonprofit corporation that operates the public-access channels on the cable system in...more
6/18/2019
/ Appeals ,
Cable Television Providers ,
First Amendment ,
Free Speech ,
Independent Films ,
Manhattan Community Access Corp v Halleck ,
Nonprofits ,
Private Actors ,
Public Access Television ,
Public Forum ,
Reversal ,
SCOTUS ,
State Action Doctrine ,
State Actors ,
State Contracts ,
Suspensions ,
Time Warner ,
Viewpoint Discrimination
On March 26, 2019, the U.S. Supreme Court decided Republic of Sudan v. Harrison et al., No. 16-1094, holding that the Foreign Sovereign Immunities Act of 1976 (FSIA) requires a mailing to be sent directly to the foreign...more
3/27/2019
/ Appeals ,
Foreign Minister ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
International Litigation ,
Remand ,
Republic of Sudan v Harrison ,
Reversal ,
SCOTUS ,
Service by Mail ,
Service of Process
On March 27, 2018, the United States Supreme Court decided Hall v. Hall, No. 16-1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42(a) is finally decided, that decision confers...more
On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more
2/22/2018
/ 42 U.S.C. §1983 ,
Appeals ,
Attorney's Fees ,
Civil Rights Act ,
Judicial Discretion ,
Money Judgment ,
Murphy v Smith ,
Prison Guards ,
Prisoners ,
Reaffirmation ,
Reversal ,
SCOTUS
On February 22, 2017, the United States Supreme Court decided Fry v. Napoleon Community Schools, No. 15-497, holding that a plaintiff need not exhaust administrative procedures under the Individuals with Disabilities...more
On March 3, 2015, the Supreme Court decided Direct Mktg. Ass’n. v. Brohl, No. 13-1032, holding that the Tax Injunction Act (TIA), which provides that federal district courts “shall not enjoin, suspend or restrain the...more