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Product Liability Law & Strategy
Defeating Certification of “No-Injury” Consumer Protection Class Actions
Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
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Medical Malpractice Law & Strategy
Increased Scrutiny for Cy Pres Provisions in Class Action Settlements
Joshua L. Becker and Brad M. Strickland
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a cy pres recipient, but courts are starting to question such moves more thoroughly.
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SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
Ryan Saba and Krystle Meyer
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
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Product Liability Law & Strategy
Benjamin R. Dwyer and Vivian Quinn
In 2017-2018, the food industry can expect to see fundamental change in the regulations regarding use of the word "healthy" in food packaging, and showdowns over class actions challenging food label claims.
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Product Liability Law & Strategy
Increased Scrutiny for Cy Pres Provisions in Class Action Settlements
Joshua L. Becker and Brad M. Strickland
Despite the popularity of utilizing the cy pres doctrine and its benefits, courts are reviewing class-action settlement agreements that provide for cy pres payments with increased scrutiny.
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Online Extra
Judge Signs Off on Google's $22.5M Settlement in AdWords Class ActionRoss Todd
A federal judge in San Jose, CA, has signed off on a $22.5 million deal Google Inc. reached in a long-running class action accusing the company of overcharging certain customers using its AdWords keyword advertising program.
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Medical Malpractice Law & Strategy
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
Janice G. Inman
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
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Product Liability Law & Strategy
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
Janice G. Inman
OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
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Product Liability Law & Strategy
Daubert Motions Really Do Work
John L. Tate
Part One of a Two-Part Article
The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and
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Product Liability Law & Strategy
Jeremy M. Creelan
Will Gorsuch Pick Up Where Scalia Left Off?
For two decades leading up to Justice Antonin Scalia's death, the U.S. Supreme Court's class certification jurisprudence took shape as a dialogue between Justices Scalia and Ruth Bader Ginsburg over the commonality and predominance requirements of Federal Rule of Civil Procedure 23(a)(2) and (b)(3), respectively. Will this continue if Gorsuch is confirmed to the Court?
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