Features
Institutional Deliberate Indifference
<b><i>When a Prisoner's Health Care Is Botched, the Providers' Employer May Be on the Hook</b></i><p>Prisoner Eighth Amendment allegations of cruel and unusual punishment due to deliberate indifference to their medical needs are common; most of them go nowhere. Once in a while, though, the care provided to a prisoner is so substandard that the case actually hurdles the defendants' motion for summary judgment and makes it to trial.
Features
David Boies' Film Venture Sues over <i>Jane</i> Financing
The Boies/Schiller Film Group (BSFG), a film finance venture founded by renowned litigator David Boies and Zachary Schiller, has filed suit against investor Peter Nathaniel and his Boca Raton, FL-based investment fund Impala Partners LLC, accusing Nathaniel and Impala of misrepresentations that resulted in BSFG losing millions in its production of <i>Jane Got a Gun</i>, a 2016 film starring Natalie Portman that received middling reviews and underwhelmed at the box office.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that recently went into effect, and looks at some recent decisions of interest from courts in Delaware, New York, and California.
Features
Professional Fees May Not Be Capped by Standard Carve-Out Provisions
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Features
Do <i>Daubert</i> Motions Really Work?
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.
Features
<i>Counsel Concerns</i><br>Athletes' Lawyer Sues Co-Counsel Over Fees from Video Game Cases
A New Jersey lawyer claims in a legal complaint that the law firm Hagens Berman Sobol Shapiro shortchanged him on fees from a $60 million settlement of class action suits that had been brought behalf of college athletes over the use of their names and likenesses in video games.
Features
Split Ninth Circuit Requires Default Interest to Cure Default
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.
Features
Director Independence to Consider Pre-Suit Demand
In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.
Features
Class Certification
<b><i>Will Gorsuch Pick Up Where Scalia Left Off?</b></i><p>"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?
Features
New Rules Pose Hurdles for Disability Claimants
Over the course of the past few months (and prior to the inauguration of President Trump), the Social Security Administration (SSA) proposed and finalized…
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