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Litigation

  • The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.

    February 28, 2012Amaris Elliott-Engel
  • The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.

    February 28, 2012R. Scott Oswald
  • Analysis of recent cases of importance.

    February 27, 2012Law.com Staff
  • As an initial matter, it is patent that, following Global-Tech, the law on willful blindness in most circuits ' at least as reflected in pattern jury instructions ' must change.

    February 27, 2012Joseph F. Savage JR. And David McCrary
  • Is the benefit test a separate element of liability or an aspect of another element, like breach of duty or scienter? And what counts as a sufficient "benefit"?

    February 27, 2012Jodi Misher Peikin And James R. Stovall
  • In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...

    February 27, 2012Kevin J. Walsh And Ella Shenhav
  • The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.

    February 27, 2012Michael L. Cook