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Settlement Litigation Strategies

Oberheiden P.C.

Everything You Need to Know About PFAS Lawsuits Over Forever Chemicals

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Class actions and multidistrict litigation (MDL) concerning perfluoroalkyl and polyfluoroalkyl substances (PFAS) have led to massive settlements by chemical companies that have totaled in the billions of dollars, and that has...more

Oberheiden P.C.

Hernia Mesh Litigation: What a Global Settlement Would (and Wouldn’t) Mean for Patients and Their Families

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Recent events suggest that a global settlement in the longstanding hernia mesh multidistrict litigation (MDL) is on the horizon. Most recently, the parties jointly submitted two case management orders on July 5, 2024—CMO #52...more

Bradley Arant Boult Cummings LLP

Work Hard, Play Hard: Third Circuit Establishes Test for Analyzing Employee Status of NCAA College Athletes Under FLSA

The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed...more

Butler Snow LLP

Dead Letter or Dead to Rights?

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In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more

DRI

The Damages Paradox: For What It’s Worth

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All lawsuits start with the potential to someday reach the view of a jury. Yet, the jury’s perspective is often forgotten by attorneys preoccupied with discovery, motion practice, the preparation of witnesses, and the hiring...more

Maison Law

What are Compensatory Damages in California Personal Injury Lawsuits

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Personal injury damages in California are intended to make an accident victim whole again by compensating him or her for the injuries and damages caused by the intentional, reckless or negligent acts of another person or...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Health Care Compliance Association (HCCA)

Hospital Settles CMP Case Over Free APPs; 'Bona Fide' Use Shouldn't Inspire Fear, Lawyer Says

In a case that may hit a raw compliance nerve, Ascension Macomb Oakland Hospital in Michigan has agreed to pay $100,000 in a settlement with the HHS Office of Inspector General (OIG) over free services provided to certain...more

BCLP

Collective Settlement of Mass Claims: an Opportunity for Innovation

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The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more

Proskauer - Minding Your Business

Be Smarter Than a Lizard: Overcoming Reptile Theory in the Discovery Phase

It’s no secret: plaintiffs’ attorneys want to win big. Using reptile theory, plaintiffs (and their counsel) are enjoying gargantuan jury verdicts. Through thoughtful and strategic lawyering, however, the harsh effects of...more

Miles Mediation & Arbitration

Mediating Construction Defect Cases and Other Construction Cases: Factors to Keep in Mind

Planning to mediate a construction law case? Whether your case involves construction defects, environmental issues, breach of contract, construction delays, or other construction-related claims, there may be multiple claims...more

Carlton Fields

Pencils Down? Tell the Court!

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Your firm is five years into a bet-the-company suit. Trial has come and gone, and multiple parties have appealed. After a week of intense negotiations, you send a mass email to your team: “Pencils down everyone! We’ve...more

A&O Shearman

Overcoming eDiscovery-related chat data challenges: Part 1 - the basics

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Chat applications are a fact of life now. Many employees in all sectors are using it to communicate and collaborate. The prevalence of this data type means that searching only standard document types such as emails is no...more

JAMS

Navigating the Grey Areas of Neutrality in Reverse Auctions

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Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which...more

Holland & Hart - Your Trial Message

Defendants, Don’t Automatically Avoid the First Move in Settlement

At a national conference I spoke at earlier this week, one of the other presenters was Anne Marie O’Brien of Smith Pauley LLP, a very experienced litigator and mediator working out of Omaha, Nebraska. During her talk, she...more

Farella Braun + Martel LLP

More Stringent California Claim Law Could Benefit Policyholders

To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid...more

Dechert LLP

Securities and Derivative Litigation: Quarter 4 Update

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In 2022, there were 197 federal securities class actions filed, which is a 6.6% drop from the 211 filings in 2021, and a significant drop from the over 400 filings in 2017, 2018, and 2019, and over 300 in 2020. Despite a...more

Troutman Pepper

A Look at the Unique Features of State AG Investigations and What Companies Should Consider in Selecting Outside Counsel -...

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In this episode of Regulatory Oversight, Stephen Piepgrass is joined by Nevada First Assistant Attorney General Kyle George and Regulatory Investigations, Strategy + Enforcement attorneys Ketan Bhirud and Michael Yaghi to...more

Ervin Cohen & Jessup LLP

Getting Your Insurer To Favorably Resolve Litigation

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Where a liability carrier has assumed its insured’s defense under a reservation of rights, a variety of conflicts between those parties may arise when there are settlement discussions to resolve the underlying litigation....more

Obermayer Rebmann Maxwell & Hippel LLP

To Settle or Not To Settle: That Is the Question

Consider the following (common) scenario: your company has been served with a lawsuit by a former employee claiming they were wrongfully terminated. Legal counsel advises you that, while the employee is making what appears to...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Carlton Fields

Bar Orders Must Be Integral To Settlement in Order To Be Essential

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Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more

Jaburg Wilk

Tips for a Successful EEOC Mediation

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After an EEOC charge is filed, the EEOC may elect to hold mediation at their offices if both parties are willing. Mediation may resolve the dispute without the need for litigation. To improve the chance of a successful...more

NAM (National Arbitration and Mediation)

Conditional And Alternative Demands/Offers Can Often Make The Difference In Mediation

Sometimes traditional demands and offers do not allow parties the flexibility to explore the other side’s tolerances before striking an impasse in the negotiations. The use of conditional and alternative demands and offers...more

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