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What's New in the Courts

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
September 9, 2023

ABA Issues Ethics Opinion regarding the Preparation of Witnesses

Written by Steve Herman
August 20, 2023

U.S. Fifth Circuit, in an Unpublished Decision, Requires Specific Technical Drawings for Alternative Designs under the LPLA

Written by Steve Herman
August 20, 2023

ABA Issues Formal Opinion on Flat Fees, Non-Refundable Retainers, and other Fees Paid in Advance

Written by Steve Herman