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The <i>Twombly</i> decision significantly changed the accepted standard for a motion to dismiss from "no set of facts" to enough "plausible" facts. Now, to survive a motion to dismiss for failure to state a claim, a complaint must allege "enough facts to state a claim to relief that is plausible on its face."
Counsel defending manufacturers who are alleged to have designed defective vehicles that have caused serious traffic accidents often have an uphill battle in convincing jurors that the design of their client's vehicle was not wholly responsible. But it's not all bad news.
Features
Filed in 1981, <i>Tenuto v. Lederle Laboratories</i> is the oldest ongoing non-guardianship case in New York City, according to the Office of Court Administration. Now there's an award. But will it stand?
Features
The tension between the salutary purposes of the Hatch-Waxman Act (low-cost drugs widely and quickly available to patients) and the necessity to change label warnings when science or adverse event reports show a newly appreciated risk, presents a Hobson's choice to generic drug companies, complicated by the FDA's own interpretation of its CBE regulations as inapplicable to them.
Implicit in all the stories about layoffs or hourly versus value billing, the fundamental question is whether the severity of the economic downturn will permanently change what law firms look like and how they operate. Can they ever again support the notorious salary structures and leverage strategies of the past?
Features
Now that the legal industry is reeling from losses, layoffs and downsizings, lateral hires are being run through an even more stringent gauntlet. Many firms now want to see business plans from all lateral partner candidates.
Senior associates ' who, by definition, are reaching higher levels of profitability for the firm and have developed practice expertise ' are often left behind when it comes to targeted professional development. But ignoring this population creates problems for a firm ...
Features
When drafting a contract for a client, a lawyer knows to anticipate and address many issues that may arise under the binding agreement. Such attention avoids problems that may result from a breach or termination of the contract. However, in many cases, lawyers do not anticipate or address these concerns in their own agreements.
Recent statutory and regulatory enactments have been widely debated and publicized. Equally important, but without any of the public comment and debate, have been four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and 42 U.S.C. ' 1981
In <i>14 Penn Plaza v. Pyett</i>, the Supreme Court clearly stated that a union-negotiated arbitration agreement can bind individual employees to arbitrate statutory discrimination claims. Accordingly, employers and unions should consider taking advantage of the benefits of arbitration ...