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Expert Witness Summer 2017, Vol. 13, Issue 1
Logically, the expert is often the best person to help counsel identify the information that is relevant to formulating the expert's own opinion.
United States
28 Sep 2017
2
Class Action Alert: The Future Of Class Action Suits After Wal-Mart v. Dukes
In a historic decision, the Supreme Court decertified a plaintiff class in Wal-Mart Stores, Inc. v. Dukes, which asserted claims on behalf of 1.5 million female Wal-Mart employees alleging that Wal-Mart discriminated against women on matters of pay and promotion.
United States
28 Jun 2011
3
Litigation Alert: Supreme Court Rejects Fifth Circuit’s Requirement That Plaintiffs In A Securities Fraud Litigation Prove Loss Causation In Order To Obtain Class Certification
On June 6, 2011, the Supreme Court, in "Erica P. John Fund v. Halliburton Co.", 563 U.S. ___ (2011), held that securities fraud plaintiffs do not need to prove loss causation in order to obtain class certification.
United States
14 Jun 2011
4
Class Action Alert: U.S. Supreme Court Overturns California Rule That Prohibited Waivers Of Class Action Relief In Arbitration Agreements
On April 27, 2011, in AT&T Mobility LLC v. Concepcion (AT&T Mobility), the United States Supreme Court, in a 5–4 decision, ruled that federal law preempts California’s so-called Discover Bank rule, which had classified most purported class action waivers in consumer arbitration contracts as unconscionable and unenforceable.
United States
9 May 2011
5
Litigation Alert: CA Supreme Court Prohibits Zip Code Requests In Credit Card Transactions
In a decision that impacts millions of consumer transactions each year, the California Supreme Court has held that retailers who request zip codes of customers using credit cards may be held liable for monetary civil penalties of up to $1,000 per transaction.
United States
22 Mar 2011
6
Litigation Alert: Changes to Federal Rules Regarding Expert Witness Discovery
A major revision to Rule 26 of the Federal Rules of Civil Procedure governing expert witness discovery went into effect on December 1, 2010.
United States
10 Jan 2011
7
Litigation Advisory: Software Download Is Not "Goods or Services" under CLRA, but Third Party Payments Constitute "Restitution" under the UCL: Ferrington v. McAfee
Software now joins insurance and credit services on the list of intangible "goods or services" that fall outside the scope of California’s Consumer Legal Remedies Act (CLRA).
United States
23 Nov 2010
8
Underage Drinking: Protecting Your Child
Summertime naturally brings teens and college-age kids together to socialize, and the inevitable happens: house parties and alcohol.
United States
9 Jul 2010
9
Litigation Advisory: Managing Police Investigations When They Impact Your Adolescent
It’s one of a parent’s worst nightmares: a call or visit from police, resulting from something your child may have done.
United States
2 Jun 2010
10
Litigation Alert: Business Litigation Session "Pilot Project" To Reduce Spiraling Discovery Costs Takes Flight
In response to the growing burden that the discovery of electronically stored information (ESI) has placed on corporate litigants, the Massachusetts Superior Court’s Business Litigation Session (BLS) has implemented a voluntary Pilot Project intended to reduce discovery costs and streamline the discovery process, especially with respect to ESI.
United States
20 Jan 2010
11
California Litigation Alert: California Signs Into Law New E-Discovery Rules
Electronic document retention is a high-stakes field. Faulty retention practices have led to a $29 million verdict resting on a party’s destruction of e-mails and to $8.5 million sanctions and bar discipline proceedings for the attorneys involved.
United States
22 Jul 2009
12
Litigation Advisory: Breaking New Ground In Dover Amendment Law
Last month Mintz Levin won a victory in Massachusetts Superior Court that promises to have positive repercussions for all academic and religious institutions in Massachusetts who seek to benefit from the land use protections of state law commonly known as the Dover Amendment.
United States
30 Apr 2009
13
Litigation Alert: The Supreme Court Upholds A Jury Verdict Against Wyeth Based On A Failure-To-Warn Theory
On March 4, 2009, the Supreme Court held that the Food, Drug and Cosmetic Act (FDCA) and the federal drug labeling regulation do not preempt a drug manufacturer’s potential liability under Vermont’s state tort law.
United States
16 Apr 2009
14
Insurance/Reinsurance And Litigation Alert: California Supreme Court Holds That Escape Of Pollutants — Not Deposit — Is The Relevant Discharge For Application Of The Pollution Exclusion, And That Insurer Can Be Liable For Indivisible Damages
In an important decision further clarifying the application of the “sudden and accidental” pollution exclusion and the absolute pollution exclusion as it applies to pollution of a “watercourse or body of water,” the California Supreme Court recently held in State of California v. Allstate Insurance Company, et al.
United States
24 Mar 2009
15
Litigation And Securities Advisory: Litigation Triggered By Madoff Collapse
This is our second update regarding the collapse of securities firm Bernard L. Madoff Investment Securities LLC (BMIS) and the associated fraud scheme to which its founder, Bernard Madoff, admitted in December.
United States
13 Feb 2009
16
Litigation And Securities Alert: Collapse of Bernard L. Madoff Investment Securities LLC
This is an update regarding the collapse of securities firm Bernard L. Madoff Investment Securities LLC (BMIS) and the associated fraud scheme to which its founder, Bernard Madoff, admitted.
United States
7 Jan 2009
17
Litigation Alert: Recent Case Highlights Pitfalls In Electronic Discovery
Electronic discovery continues as one of the more complex areas in civil litigation, replete with pitfalls and potholes that can derail the unwary practitioner.
United States
12 Aug 2008
18
Litigation Alert: SJC Announces New Civil Pleading Standard And Revises G.L. C. 93A, § 9 Injury Requirement
Defendants in Massachusetts will now be better equipped to fend off speculative lawsuits, as the Massachusetts Supreme Judicial Court (SJC) announced last week that it is adopting the more stringent federal pleading standard promulgated by the United States Supreme Court in Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955 (2007), for the courts of the Commonwealth.
United States
9 Jul 2008
19
Tempted By "Deferred Prosecution"? Watch Out for Answered Prayers
A deferred prosecution agreement, or DPA, seems to make a lot of sense for a company under investigation by federal prosecutors.
United States
3 May 2007
20
McNulty Memorandum Revises DOJ Guidelines for Corporate Prosecutions, but Is It Enough?
Deputy Attorney General Paul McNulty recently revised Department of Justice (DOJ) guidelines concerning the federal prosecution of business organizations. The McNulty Memorandum replaces DOJ’s prior guidelines, which were issued in 2003 by then Deputy Attorney General Larry Thompson.
United States
12 Jan 2007
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