'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
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›