A recent decision by the Supreme Court of the United States affirms the United States Court of Appeals for the Fifth Circuit in Palmquist v. Hain Celestial Group, confirming that plaintiffs sufficiently pleaded claims against a…
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/ Civil Procedure, Products Liability, Toxic Torts
The United States Fifth Circuit recently reversed a district court ruling awarding attorney’s fees to a former NFL player seeking disability benefits from the NFL Player Retirement Plan in Cloud v. Bert Bell/Pete Rozelle NFL…
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/ Art, Entertainment, & Sports Law, Civil Procedure, Labor & Employment Law
The U.S. District Court for the Northern District of California recently certified a narrow damages class under ERISA and RICO in L.D. v. United Behavioral Health, a case involving allegations of inflated balance-billing…
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/ Civil Procedure, Health, Insurance, Labor & Employment Law
The Hon. Lewis J. Leman of the Southern District of New York recently reaffirmed the court’s finding that there was probable cause to believe that the plaintiff in Eletson Holdings v. Levona Holdings committed fraud by…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Maritime Law
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, Civil Remedies, Constitutional Law, Criminal Law
The Northern District of Illinois permitted a financing company to pursue federal antitrust claims after purchasing the claims out of bankruptcy in the case of Olean Wholesale Grocery Cooperative et al v. Agri Stats, Inc. In the…
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/ Antitrust & Trade Regulation, Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking
The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 517, providing guidance for lawyers on the use of peremptory challenges during jury selection. The…
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/ Civil Procedure, Civil Rights, Law Practice Products & Services, Science, Computers, & Technology
The U.S. Fifth Circuit Court of Appeals recently reversed a Texas district court’s denial of class certification in the case of Wilson v. Centene Management. In the litigation, three Texans filed suit against Centene Management…
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/ Civil Procedure, Commercial Law & Contracts, Health, Insurance
In a previous JD Supra article, I wrote about the Sixth Circuit Court’s initial decision, which upheld class certification for the matter despite GM’s challenges to Article III and predominance, in the case of Speerly v. General…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Products Liability
On May 9, 2025, the Supreme Court of Texas reversed an appellate court’s decision in Pohl v. Cheatham. The case involves two Texas-based attorneys, Michael Pohl and Robert Ammons, who solicited out-of-state clients with personal…
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/ Civil Procedure, Conflict of Laws, Personal Injury
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 light…
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/ Civil Procedure, Personal Injury, Products Liability
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
