Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.
Text Messaging
In recent years, consumers, cellular telephone providers, and state attorneys general have sued companies and their marketing firms under the Telephone Consumer Protection Act ("TCPA") and state consumer protection laws to curb "text spamming." These suits can result in substantial settlements of millions of dollars relating to a single promotional campaign.
The Definition of 'Management-Level' Employee Under Title VII
The United States Court of Appeals for the Third Circuit recently decided a sexual harassment case that has consequences for nearly every employer, regardless of industry. This decision serves as an important reminder for all employers regarding the reporting and proper handling of discrimination and harassment complaints.
Law Firm Files
This article addresses what lawyers can do when they find themselves faced with a request for their files from receivers ostensibly standing in the shoes of their former clients but who, in fact, are working hand in hand with the SEC investigating the former client.
What's Your Practice Worth?
Law firms, because of caseload analysis and the project-oriented nature of their work, are notoriously hard to value, even more so than accounting firms and other professional service industries where there is an established schedule of work for at least a 12-month period.
Court Watch
Highlights of the latest franchising cases from around the country.
OPEB, COLI and Post-Retiree Needs
At the same time steps are being instituted to curtail COLI, there is an ever-increasing need to fund for employee medical care and post-retirement medical expenses. The use of COLI and the new Health Savings Accounts ("HSA") can provide a robust funding vehicle.
Nanotechnology
In the past, and even now to some extent, many medicinal substances were used because they seemed to work, even though the specific mechanism, pharmacology or pharmacodynamics were not precisely understood. That is part of the reason for the lengthy and complex new drug approval process through the FDA.
Breast Cancer Claims
As breast cancer screening evolves in the digital age, so do the issues confronting lawyers. Here's why.
Case Briefs
Highlights of the latest insurance cases from around the country.
