Litigation Law, Mediation Law and Arbitration Law

A California appellate court examines whether familial relationships between class representatives and their attorneys automatically invalidate consumer class actions, addressing the boundaries of probable cause in malicious prosecution claims. The decision explores how courts balance adequacy requirements for class representatives against the viability of underlying consumer protection claims when conflicts of interest are alleged.

Washington State's Commercial Electronic Mail Act (CEMA) has undergone significant changes following the Brown v. Old Navy decision and subsequent legislative amendments. Recent court rulings are now addressing critical questions about federal jurisdiction, preemption defenses, and constitutional challenges that will shape the future of CEMA litigation for companies doing business with Washington residents.

The Seventh Circuit reversed a summary judgment ruling against Allstate Insurance, holding that a plaintiff failed to establish vicarious liability under the Telephone Consumer Protection Act for calls placed by a subcontracted telemarketer. The decision clarifies the requirements for proving downstream agency relationships in TCPA cases and provides important guidance for companies using lead generation vendors.

The U.S. Supreme Court's decision in Monsanto Co. v. Durnell addresses whether federal pesticide labeling law preempts state tort claims alleging failure to warn about cancer risks not required by EPA. This landmark ruling resolves a circuit split and has significant implications for product liability litigation involving FIFRA-regulated pesticides. The decision clarifies the scope of federal preemption when EPA has affirmatively evaluated risks and approved product labeling.

A New Jersey court recently examined the critical role of reasonable reliance in fraud and negligent misrepresentation claims involving a commercial real estate transaction. The case centered on a buyer's allegations that they were misled about the number of apartment units that could be developed on a property site, raising important questions about when purchasers can legitimately rely on seller representations versus their own due diligence investigations. The court's analysis provides valuable guidance

Many human resources (HR) teams have grown accustomed to recording workplace interviews, whether through Teams, Zoom, or other tools that automatically capture audio and generate transcripts.

According to a recent Eastern District of Pennsylvania decision, attorneys alleged to have directed medical providers to manufacture fraudulent evidence cannot claim Petition Clause immunity.

After a car accident, there is already a lot running through your mind. You may be dealing with damage to your car, checking on injuries, figuring out what happens next, and then suddenly… the insurance company starts calling.

Memorial Day weekend marks the unofficial start of summer with beach trips, barbecues, and time with family. It’s also one of the busiest travel times in New Jersey. Roads leading to the Jersey Shore fill up, traffic backs up on the Parkway and Turnpike, and millions of drivers are trying to get where they need to go at the same time, which can make it one of the most dangerous weekends of the year to be on the road.

The Pennsylvania Superior Court has issued a critical ruling that significantly narrows the circumstances under which attorneys can obtain relief for missing appellate filing deadlines. This decision underscores the extremely high bar for securing nunc pro tunc appeals and highlights the limited exceptions available when procedural deadlines are missed.

A Kentucky Circuit Court granted summary judgment in favor of an insurer, finding that multiple policy exclusions barred coverage for a wrongful death claim against a senior care facility.

Navigating a medical malpractice claim requires specialized legal expertise that combines medical knowledge with litigation experience.