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When is a revision of an Internet post treated as a new post?

by Thompson Coburn LLP on

The limited time for suing for libel on an Internet post runs not only from the original posting, but also from when significant changes were made to the post, according to a decision from the New Jersey Supreme Court. The...more

Big Pharma Feels the Pain of Opioid Litigation

by Sands Anderson PC on

Few would dispute that the opioid epidemic is of crisis proportion. In 2016, there were more than 63,600 drug overdose deaths in the United States from opioid pain medicines, including hydrocodone (Vicodin & Lortab),...more

Post-BMS: Jurisdiction over Subsidiary ? Jurisdiction over Parent

by Reed Smith on

The personal injury decisions Daimler AG v. Bauman, 571 U.S. 117 (2014), and Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017), are gifts that keep on giving. The latest development is Wilson v. Nouvag GmbH,...more

Don’t Assume Your Instagram Is Private

by Fox Rothschild LLP on

In February 2018 we wrote about a recent New York appellate case making clear that those who post information about themselves on Facebook are going to have a difficult time asserting that the posting is private and not...more

Self-Driving Uber Fatality Could Complicate Regulations

by Dechert LLP on

A self-driving car operated by Uber Technologies Inc. (Uber) struck and killed a pedestrian in Tempe, Arizona last month. The incident has led policymakers to revisit concerns over autonomous vehicle (AV) regulations where...more

Artificial Intelligence: A Grayish Area for Insurance Coverage

Artificial Intelligence (AI) is a hot topic in industries from manufacturing to the medical profession. Developments in the last ten years have delivered AI technology, once a fiction reserved for the movies, to private...more

Fatal Accident Put Autonomous Vehicle Programs Under Scrutiny

by Foley & Lardner LLP on

High profile accidents related to autonomous vehicles are impacting the planned expansion of existing autonomous vehicle pilot programs. In 2016, a driver in Florida died while using autopilot mode on his vehicle...more

“No Newly Acquired Evidence” Argument On Implied Preemption Gaining Traction

by Reed Smith on

It took a while for courts to catch on that implied preemption in drug cases depends on whether the plaintiffs can present “newly acquired evidence” of a relevant risk, but the argument seems to be gaining some traction. The...more

Private Eyes on the Rise in Texas

by Reed Smith on

Dating back to our Bone Screw days we have mostly pleasant memories of using surveillance to catch plaintiffs making phony claims. For a variety of reasons, a large percentage of the Bone Screw plaintiffs were workers’...more

Health Alert (Australia) 5 March 2018

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 1 March 2018 - Holcombe v Hunt [2018] VSC 55 - JUDICIAL REVIEW AND APPEALS – Appeal from refusal to extend limitation period – Claim...more

NY Appellate Court Reverses Ruling on Discovery of “Private” Facebook Posts: eDiscovery Case Law

by CloudNine on

In Forman v. Henkin, No. 1. (N.Y. Feb. 13, 2018), the Court of Appeals of New York reinstated a trial judge’s ruling requiring the plaintiff who was disabled in a horse riding accident to turn over “private” photos to the...more

N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery

Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of...more

Disclosure of Certain Private Information on Facebook Account Allowed by New York Court of Appeals

by Cozen O'Connor on

The New York Court of Appeals gave defense counsel in personal injury cases a Valentine’s Day present when it ruled, on February 13, 2018, that discovery under the New York Civil Practice Law and Rules (CPLR 3101 (a))...more

The Freedom to Swim

by Wilson Elser on

In an August 2017 article, “0.44% of NFL Brains” we addressed The New York Times coverage of Dr. Ann Mckee’s report “Clinicopathological Evaluation of Chronic Traumatic Encephalopathy in Players of American Football” (JAMA....more

Apotex granted damages from contract research organization for delayed FDA approval of two products

by Smart & Biggar on

On December 22, 2017, Patillo J. of the Ontario Super Court of Justice held that Apotex was entitled to $11,303,131.80, plus pre-judgment interest, for losses flowing from delays in the US Food and Drug Administration (FDA)’s...more

Combining Ritalin and Cognitive Behavioral Rehabilitation Shows Promise Following TBI

by Downs Rachlin Martin PLLC on

A treatment protocol combining Ritalin, a stimulant commonly used for ADHD, and a form of Cognitive Behavioral Rehabilitation known as “Memory and Attention Adaptation Training” (MAAT) shows great promise for improving...more

Avandia Case Flunks Warning Causation

by Reed Smith on

We’re now into the New Year but aren’t completely done with the old one. The name of the first month of the year, January, is conventionally attributed to Janus, the Roman god of beginnings, gates, transitions, and doorways....more

FTC Discusses Informational Injury

Opening the Federal Trade Commission’s workshop on informational injury, Acting Chair Maureen K. Ohlhausen said the government “does the most good with the fewest unintended side effects when it focuses on addressing actual...more

EDNY Rejects Successor Liability in Hip Implant Case

by Reed Smith on

Happy birthday, Christopher Plummer. The great Canadian actor turns 88 today, and seems as vibrant as ever. What a marvelous career Plummer has had. He is a preeminent Shakespearean actor. We saw him play Iago to James...more

Eleventh Circuit Affirms Preemption of HRT Complaint

by Reed Smith on

Today, December 1, 2017, is the birthday of Gilbert O’Sullivan, who scored a hit back in 1972 with “Alone Again, Naturally,” the saddest song we can think of this side of Albinoni’s Adagio. That is fitting, given our...more

OSHA Delays Electronic Reporting to December 15th

by Hinshaw & Culbertson LLP on

In the ongoing series of updates on the status of OSHA's electronic reporting, we have another development. On November 24, 2017, OSHA announced that it would delay the initial compliance deadline for the electronic...more

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

by CloudNine on

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds....more

Second Circuit Affirms Exclusion of Plaintiffs’ Experts – and Summary Judgment for Defendant – in Mirena MDL

by Reed Smith on

As we write this, our fair city remains in a blissful haze following our Eagles’ 33-10 rout of the 49’ers to go 7-1 in the NFC East, so it might be appropriate to call today’s opinion a “touchdown.” On the other hand, the...more

Three Strikes And . . . You Get Another Chance?

by Reed Smith on

“Legal conclusions, though, are not entitled to the assumption of truth.” If that were the only point we could take away from Wright v. Howmedica Osteonics Corp., No. 5:17-cv-459, 2017 U.S. Dist. LEXIS 168785 (M.D. Fla. Oct....more

Missouri Appeals Court Vacates $72 Million Verdict For Lack Of Personal Jurisdiction

by Rumberger Kirk & Caldwell on

In a significant defense win applying recent U.S. Supreme Court precedent, a Missouri appeals court reversed and vacated a $72 million judgment for lack of personal jurisdiction. Estate of Jacqueline Fox v. Johnson & Johnson,...more

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