The Expansion of Product Liability Theory
April 26, 2007
Depending on the source cited, California's expanding economy ranks in size, worldwide, anywhere between six and 10, if California were a country in and of itself. <i>(www.en.wikipedia.org/wiki/economyofCalifornia#endnote_worldranking)</i> California's position as a stand-alone economy may be matched as a stand-alone jurisdiction if recent appellate and trial court decisions permitting the expansion of the product liability theory to claims of environmental damage are upheld.
Practice Tip: The Dilemma of Backup Tapes in Mass Tort Litigation
April 26, 2007
Parties involved in litigation have an obligation to preserve relevant information in existence at the time the duty to preserve attaches and must preserve relevant information created thereafter. <i>Zubulake v. UBS Warburg LLC</i>, 220 F.R.D. 212, 218 (S.D.N.Y. 2003) (<i>Zubulake IV</i>). Developing a comprehensive preservation plan to meet these obligations is both critical and difficult. The analysis of whether particular data need to be preserved involves murky, and often contradictory, legal standards.
CAFA: Finding a Method to the Madness of 'Mass Actions'
April 26, 2007
The Class Action Fairness Act of 2005 ('CAFA') expanded federal jurisdiction over putative class actions. Under CAFA, the federal diversity jurisdiction statute, 28 U.S.C. '1332, was amended to allow for both original and removal jurisdiction over putative class actions where: 1) the putative class action consists of at least 100 proposed class members; 2) the citizenship of at least one proposed class member is different from that of any defendant ('minimal diversity'); and 3) the matter in controversy, after aggregating the claims of the proposed class members, exceeds $5 million, exclusive of interest and costs. <i>See generally</i> P.L. 109-2 '4(a), codified at 28 U.S.C. '1332(d). This expanded federal diversity jurisdiction is subject to certain exceptions, including the 'local controversy' and 'home-state controversy' exceptions, where, <i>inter alia</i>, a certain percentage of putative class members and the 'primary defendants,' or defendants from whom 'significant relief is sought,' are citizens of the forum state. <i>See</i> 28 U.S.C. '1332(d)(3) and (4).
Supreme Court Upholds 'Partial Birth' Abortion Ban
April 18, 2007
President George W. Bush's appointment of Samuel Alito, Jr. to replace Sandra Day O'Connor on the Supreme Court last year explains, more than any other factor, April 18's historic Supreme Court decision upholding the federal ban on 'partial birth' abortions.
The RED ZONE - Selecting Outside Counsel
April 10, 2007
Buyers of legal services often hold attitudes unsuspected by law firms. These are often based upon needs which are unexployed by law firms. This article looks at the pressures GC's are under.
<b>Online Exclusive:</b> Most GCs Not Licensed in Home State
April 04, 2007
Companies expect their general counsel to pay attention to all the little details, but some legal chiefs have fallen behind in keeping their own affairs in order. A survey by <i>The Corporate Counselor</i>'s ALM sibling magazine, <i>Corporate Counsel</i>, of the Fortune 250 found eight GCs who are not properly licensed in the state in which they work.
The RED ZONE
March 30, 2007
Ever wonder how outside counsel is selected? Their decision making process is often complex, involving multiple concerns and pressures. Lawyers and marketing professionals need to identify what they are up against and how to improve the selection challenges. We will be focusing on these components for several weeks.
