Ninth Circuit Rejects Stand-Alone ‘Administrative Feasibility’ Requirement in Addition to the Superiority considerations under Rule 23(b)(3)

In What's New in Class Action Law?, What's New in the Courts by gravierhouseLeave a Comment

Plaintiffs brought a putative class action against ConAgra on behalf of consumers who purchased Wesson-brand cooking oil products labeled u201c100% Naturalu201d which they allege was false or misleading, as Wesson oils are made from bioengineered ingredients that are u201cnot natural.u201du00a0 The district corut granted class certification, and the U.S. Ninth Circuit Court of Appeals affirmed. n “The language of Rule …

Connecticut Supreme Court Modifies Consumer Expectation Test under 402A, Rejects Affirmative Requirement for Alternative Feasible Design under Third Restatement

In What's New in Product Liability Law?, What's New in the Courts by gravierhouseLeave a Comment

In certified question arising from wrongful death action brought in Federal Court by survivors of former smoker, Philip Morris urged the Connecticut Supreme Court to adopt the Third Restatement, which “imposes two requirements that are not mandated under our [Second Restatement] § 402A tests: (1) proof that the harm was foreseeable; and (2) proof that a reasonable alternative design existed …

Plaintiff’s Social Media History is Discoverable, but with Limitations

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

Defendant in a personal injury case sought the plaintiff’s social media history.  While the plaintiff technically waived her objections to the discovery requests by failing to serve them within thirty days, Magistrate Judge Erin Wilder-Doomes, sitting in the Middle District of Louisiana, nevertheless limited them as overbroad: “As Defendant points out, social media is generally discoverable. However, a request for …

U.S. Fifth Circuit Affirms Sanction of Attorneys Who Withheld Material Evidence from Rule 26 Disclosures

In Legal Ethics & Professionalism, What's New in the Courts by gravierhouseLeave a Comment

The plaintiff in the underlying lawsuit claimed she was sexually assaulted on multiple occasions while incarcerated at the Maverick County Detention Center, operated by the defendant, GEO Group.  During the plaintiff’s deposition, she was confronted with recordings of telephone calls which had not be identified or produced as part of the initial disclosures under Rule 26.  The plaintiff filed a …

Should Dylan Get the Nobel Prize?

In What's New in E-Discovery and Spoliation?, What's New in the Courts by gravierhouseLeave a Comment

When I heard that Bob Dylan had been awarded the Nobel Prize for Literature, I texted my sister, Liz, who texted back the exact same thing that I was thinking: “That should make for an interesting acceptance speech.” Reading the various reactions to the news, you could pretty much separate the naysayers into two distinct categories: On the one hand …

Covington & Burling Admonished for Representing Non-Party Witnesses in Depositions

In Legal Ethics & Professionalism, What's New in the Courts by gravierhouseLeave a Comment

The defendant, Jacobs, hired Covington & Burling to devlop factual information and defenses relating to Jacobs’ work for the Tennessee Valley Authority.  Among other things, Covington helped identify non-party witnesses who might have factual information regarding the TVA-Jacobs contract.  Covington worked with the witnesses to prepare and submit declarations in support of Jacobs’ Motion to Dismiss, asserting derivative sovereign immunity …

Alaska Bar Association Prohibits Use of “Web Bugs”

In Legal Ethics & Professionalism, What's New in the Courts by gravierhouse1 Comment

A “web bug” is a technology tool that tracks certain information about the document to which it is attached.  They can be used in e-mail newsletters to help track readers, for example, but can also be used in e-mails to “invisibly” track, among other things: when the email was opened; how long the email was reviewed (including whether it was …