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What's New in the Courts

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
November 16, 2011

Magistrate Judge in the Western District of Tennessee outlines Appropriate Steps to Preserve E-Data and/or otherwise effectuate “Litigation Hold” upon Receipt of Preservation Letter or other Notice of Anticipated or Pending Litigation.

Written by Steve Herman
August 4, 2011

ABA Issues Opinion Regarding the Duty to Protect the Confidentiality of E-Mail Communications with One’s Client.

Written by Steve Herman
August 4, 2011

ABA Issues Opinion that No Duty is Owed under Rule 4.4(b) when an Employer’s Lawyer Receives Copies of an Employee’s E-Mail Communications with the Employee’s Counsel on the Employer’s Computer System.

Written by Steve Herman
January 13, 2011

U.S. Supreme Court holds that Manufacturers of Generic Drugs have No Duty to Warn.

Written by Steve Herman
January 13, 2011

U.S. Supreme Court Holds that All Design Defect Claims Against Vaccine Manufacturers are Preempted.

Written by Steve Herman
January 13, 2011

U.S. Supreme Court Holds that State Law No-Shoulder-Belt Claims Against Auto Manufacturers Are Not Preempted.

Written by Steve Herman