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Recently, two federal courts rejected certification in three putative "medical monitoring" class actions that were brought against E.I. DuPont de Nemours and Company in West Virginia and New Jersey. These are significant rulings in the still developing field of "medical monitoring," and indicate the limits of class certification based on medical monitoring theories of recovery
Features
Rule 26 of the Federal Rules of Civil Procedure incentivizes a party's attorney to get creative in his efforts to prevent disclosure of his communications with the party's expert ... The results of the rule have been costly and often lead to the discovery of information that is only marginally relevant to any genuine issue in dispute.
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A look at recent Federal Court decisions interpreting section 304 and section 1514A(a)(1) of SOX. These rulings may provide insight into how Federal Courts will apply any broad powers granted by a looming round of legislation.
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Former employees of Heller Ehrman sued at least 179 former partners in April, demanding they fork over $32 million for the largest group of creditors in the defunct firm's bankruptcy. This article discusses the suit.
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Recent rulings of interest to you and your practice.
Features
While the Eastern District of Texas remains today one of the busiest patent litigation venues in the country, it is clear that <i>TS Tech</i> has led to an increase in the percentage of cases being transferred out of the EDTX and a significant decrease in the number of new patent cases being filed there.
Features
A New Jersey judge has dismissed a defamation claim by an Applebee's restaurant franchisee against a man who wrote online of sexual harassment of female employees.
Features
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
Features
Malpractice Suit Continues over Manilow Musical<br>Malpractice Suit/Lack of Specificity
Features
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.