January 13, 2012
U.S. Fifth Circuit Sustains Claim for Breach of Implied Warranty Against Hip Manufacturer to the Extent that Defendant Did Not Comply with Requirements of FDA.
Written by Steve Herman
January 13, 2012
Ninth Circuit Creates Split with Third Circuit, finding that the “Fiduciary Exception” to Attorney-Client Privilege Should be Extended to Insurers Administrating Benefit Plans, as ERISA Fiduciaries.
Written by Steve Herman
January 13, 2012
Seventh Circuit Finds that Unsolicited, Informal Complaints Constitute a Protected “Inquiry” under Section 510.
Written by Steve Herman
January 12, 2012
Seventh Circuit Holds that Plaintiffs’ Motion for an MDL-like Consolidation of State Actions which Included Provisions for Consolidated Trial Triggered the “Mass Action” Provisions of CAFA.
Written by Steve Herman
January 12, 2012
Ninth Circuit Approves Settlement Despite Defendant’s Involvement in Selection of Cy Pres Recipients and Use of Funds.
Written by Steve Herman
January 12, 2012
U.S. Third Circuit Rejects (in Settlement Class Context) Notion That Each Classmember Must Have a “Colorable” Claim.
Written by Steve Herman
December 29, 2011
U.S. Supreme Court De-Certifies Massive Wal-Mart Gender Discrimination Suit on Commonality Grounds; Rejects Allison test for “Incidental” Relief under (b)(2); and Defines Backpay as “Individualized” Damages.
Written by Steve Herman
December 29, 2011
U.S. Supreme Court Holds that Federal Arbitration Act Preempts California’s Unconscionability Rule re Class Arbitration Waivers.
Written by Steve Herman
December 6, 2011
Louisiana Supreme Court Applies Ford v. Murphy Oil to Case Brought by Landowners Asserting Contamination Claims.
Written by Steve Herman
December 1, 2011
Amended Federal Rule of Evidence 502 Expands Non-Waiver due to Inadvertent Disclosure related to any Federal Officer and/or Federal Proceedings.
Written by Steve Herman