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What's New in the Courts

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
January 13, 2011

U.S. Supreme Court holds that Statements in an SPD Cannot be Enforced as Terms of the Plan; but Plan Can be Reformed, in the event of a fiduciary breach, as a form of Appropriate Equitable Relief.

Written by Steve Herman
January 12, 2011

U.S. Fifth Circuit holds that Class Arbitration is Not a “Class Action” within the meaning of CAFA’s Local Controversy Exception.

Written by Steve Herman
May 25, 2010

Magistrate Judge in the Northern District of Illinois imposes Sanctions where, after EEOC complaint was filed, Defendant Allowed Individuals Involved in alleged discriminatory conduct to Search their Own Computers and Decide What to Preserve.

Written by Steve Herman
January 13, 2010

Judge Rosenthal Imposes Sanctions in Case of Intentional Spoliation.

Written by Steve Herman
January 13, 2010

Judge Scheindlin Re-Visits Zubulake in Securities Case Involving Spoliation.

Written by Steve Herman
January 13, 2010

A Participant Who Achieves “Some Degree of Success on the Merits” May Be Entitled to an Award of Attorneys’ Fees.

Written by Steve Herman
January 12, 2010

U.S. Ninth Circuit Reverses District Court’s Denial of Certification in Breach of Warranty Case.

Written by Steve Herman