Often, when patients are injured by pharmaceutical products, the plaintiff and the product's manufacturer are located in different jurisdictions, making jurisdictional questions the first issue to resolve when choosing where to file suit. In 2014, the Supreme Court's decision in Daimler AG v. Baumanannounced a sweeping change to the law of personal jurisdiction.
June 01, 2016James H. Rotondo, John W. Cerreta and David W.S. LiebermanRecently, federal courts across the country have ruled on insurers' motions to bifurcate bad-faith litigation; i.e., motions to separate and stay discovery and/or the trial of the bad-faith claims from the insured's claim for coverage.
June 01, 2016Jessica F. PardiHourly rates can be a moving target as clients negotiate down firms' published rates, but in a low-demand era where lawyers need every dollar they can bring in, it seems associates are the ones troubled lately with how rates are set.
June 01, 2016Gina PassarellaAs a result of Iran verifiably meeting its nuclear commitments under the Joint Comprehensive Plan of Action (JCPOA), the United States lifted certain sanctions primarily applicable to non-U.S. persons, including foreign entities owned or controlled by U.S. persons.
June 01, 2016Lisa A. Prager, Betty Santangelo, Gary Stein, Peter H. White, Lara Covington, Seetha Ramachandran, Michael P. Court and Matthew J. MosesIf a landlord has drawn down the letter of credit proceeds and withdrawn the security deposit in full after the tenant's default, filing a proof of claim in the tenant's subsequent bankruptcy proceeding may invite a bankruptcy court's consideration of whether those funds are or should be assets of the bankruptcy estate.
June 01, 2016John B. SpitzerShould law firm leaders be firing more lawyers? That seems to be the takeaway of a report released last month by the legal consultancy Altman Weil.
June 01, 2016Nell GluckmanAs we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.
June 01, 2016Edward D. McCarthyFrequently, evaluators will offer expert opinions to the court to limit a parent's access to his or her children. The authors claim that many evaluators do not adequately consider the profound constitutional issues involved in such recommendations, and routinely offer opinions that have little support in the underlying data from which such recommendations and opinions are based.
June 01, 2016Jonathan Gould, Allan Mayefsky and Peter StambleckOutside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
June 01, 2016Harvey S. Kauget and Ryan M. Corbett
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