Any product liability litigator who prosecutes or defends class actions should be familiar with the concept of "cy pres" ' which has been the subject of significant recent attention by the courts and commentators.
Two recent cases highlight issues of importance to practitioners. One case dealt with preemption; the other with discovery sanctions.
Highlights of the latest insurance cases from around the country.
A number of jurisdictions have adopted one version or another of the reasonable expectations doctrine.
In-depth analysis of recent key cases.
Recent rulings of interest.
Where CGL coverage is not available, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular "designated premises."
In pharmaceutical actions, most false claims qui tam actions brought by whistleblowers involve off-label promotion, kickbacks, pricing allegations, and reimbursement abuses. Although these start out as civil lawsuits, they often end with the DOJ pressing charges against the pharmaceuticals manufacturer.
A recent opinion from the Southern District of New York indicates that lawyers will typically be prohibited from bringing qui tam actions against their former clients. And the new Dodd-Frank regulations expressly limit when an attorney can reap a whistleblower reward.
The crime-fraud exception to the attorney-client privilege allows the government, often ex parte, to obtain a court order demanding the production of what were once thought to be privileged communications.
