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…
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/ Civil Procedure, Communications & Media Law, Personal Injury
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 representation,…
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/ Business Organizations, Civil Procedure, Law Practice Products & Services, Professional Malpractice
Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions…
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/ Civil Procedure, Law Practice Products & Services
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…
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/ Administrative Law, Civil Procedure, Health, Products Liability
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 defects…
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/ Civil Procedure, Consumer Protection, Products Liability
Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a July-to-June…
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/ Administrative Law, Civil Procedure, Constitutional Law, Criminal Law, Personal Injury
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…
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/ Health, Insurance, Labor & Employment Law
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…
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/ Civil Procedure, Civil Rights, Labor & Employment Law
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 and…
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/ Civil Procedure, Law Practice Products & Services, Science, Computers, & Technology
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, at…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services, Privacy, Science, Computers, & Technology
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…
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/ Civil Procedure, Consumer Protection, Business Torts, Products Liability
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…
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/ Administrative Law, Environmental Law, Toxic Torts
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…
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/ Administrative Law, Civil Procedure, Consumer Protection, Environmental Law, Toxic Torts
Public company directors are under more pressure than ever to oversee enterprise risk, even risk from day-to-day operations, which is normally addressed by management. Egregious failures of upper management to react to red flags…
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/ Business Organizations
Special purpose acquisition companies (“SPACs”) have been in the litigation spotlight recently. As SPAC disputes play out in courts nationwide, one especially interesting field of play is in the Delaware Chancery courts where…
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/ Business Organizations, Business Torts, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law
