November 6, 2023
Justice Eddins, of the Hawaii Supreme Court, Expounds on the Aloha Spirit, in a Strong Rebuke of Originalism, in Connection with the Court’s Rejection of Personal Jurisdiction Challenges in Climate Change Case
Written by Steve Herman
November 6, 2023
U.S. Third Circuit Reverses Class Action Fee Award, While Raising Questions About Clear Sailing and Reversion
Written by Steve Herman
October 26, 2023
Supreme Court of Colorado Refuses to Create an Exception to the Litigation Privilege on the Basis that the Proposed Class in the Underlying Class Action Was Easily “Ascertainable” From Business Records, etc.
Written by Steve Herman
October 26, 2023
U.S. Magistrate Judge in the Southern District of Texas Recommends Certification of (b)(1) ERISA Class, Despite Challenges to Absent Class Member Standing and Adequacy of Representation
Written by Steve Herman
October 26, 2023
U.S. Fifth Circuit Affirms Entry of Default as Sanction for Spoliation
Written by Steve Herman
October 26, 2023
Mississippi Supreme Court Affirms Sanction Against Attorney Who Directed Expert to Change Report
Written by Steve Herman
October 26, 2023
D.C. Circuit Court of Appeals Finds that “Fail Safe” Class Definitions Should Not Result in the Denial of Certification, Where the Issue is Merely One of Wording, and Not Substance
Written by Steve Herman
October 21, 2023
Judge Presiding Over Opiods MDL Admonishes Defendants for Attempting to Use Privileged Communication to Disqualify Special Master
Written by Steve Herman
September 23, 2023
U.S. Fifth Circuit Affirms Dismissal of Third-Party Demand as a Sanction where Defendant Played “Hide the Ball” Regarding its Citizenship for Diversity Purposes
Written by Steve Herman
September 17, 2023
U.S. Fifth Circuit Looks at the Duration of Alleged Conduct at Issue in Determining whether Corporation Purchased by Out-of-State Company is a Local Defendant for Purposes of CAFA’s Local Controversy Exception
Written by Steve Herman