'Mass Actions': Eleventh Circuit Attempts to Find a Method to the Madness
Although the Eleventh Circuit in <i>Lowery v. Alabama Power Co.</i>, attempted to grapple with some of the thorny issues presented by CAFA's 'mass action' provisions (and removal generally), many questions remain unanswered.
Features
Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor
Although the Ninth Circuit did not rule that extra-judicial circumstances should be added to the four Supreme Court Daubert 'factors,' there is, nevertheless, superficial support by some courts in dicta that <i>Daubert II</i> held that an extra-judicial opinion is more reliable than one born out of the litigation. A closer look at this idea will reveal it is not one that should be adopted as a factor.
Features
Consumer Fraud Actions: The Applicability of the Learned Intermediary Doctrine
There is much uncertainty surrounding if and how well-established defenses to traditional product liability claims will translate in non-personal injury consumer fraud actions. At the forefront of this uncertainty is the applicability of the learned intermediary doctrine in consumer fraud actions involving pharmaceuticals or medical devices.
Practice Tip: Rule 34's Direct Access Provision
Rule 34 of the Federal Rules of Civil Procedure permits a party to 'inspect, copy, test, or sample any designated documents or electronically stored information.' However, what exactly does that mean for corporate litigants? Can a plaintiff demand to show up at a client's offices and expect a seat in front of a keyboard? Will a client be forced to hire a third party to copy its hard drives — online shopping Web history and all — and hand them over to the opponent?
Nanotechnology: Law and Business at One-Billionth of a Meter
Nanotechnology represents a vast frontier for science, business, and law. Already governments and corporations are sinking an estimated $10 billion annually into nanotechnology R&D, and economic forecasters are predicting that nanotechnology will account for some 15% of all global manufacturing output by 2014 ' commerce valued at some $2.6 trillion. The plaintiff's bar, mass torts, and class actions cannot be too far behind such words.
Features
The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Subleasing Pointers: The Perspective of a Prime Landlord, Sublandlord, and Subtenant
Parts One and Two of this series discussed subleasing from the perspective of the Prime Landlord and Sublandlord, respectively. This final installment addresses the issue from the Subtenant's perspective.
In the Spotlight: Negotiation of Operating Expenses in an Office Lease
This article provides a brief overview of commonly negotiated operating expenses and presents both the landlord and tenant perspective.
Implied 'Secondary Easement' Rights: What Exactly Does that Easement Grant?
This article addresses the basic theory behind secondary easements and offers some practical considerations in negotiating and drafting easements.
Rapid ROI, Easy Integration With Equitrac Print Tracking & Cost Recovery Solution
Our decision to upgrade to Equitrac Professional 5 was based on the knowledge that its ability to integrate with our existing infrastructure, plus its relatively rapid return on investment, would not hamstring our operational or budget requirements in the short-term.
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