Top News

Ala. SC declines to apply ‘new, greatly expanded’ theory of liability in hospital negligence cases

Jessica Karmasek Feb. 23, 2017, 11:48am

The state Supreme Court, in a per curiam opinion released Feb. 10, sided with Helen Keller Hospital in a medical malpractice lawsuit filed against it, affirming the ruling of a trial court.

Wash. SC: Medical device manufacturers have duty to warn hospitals, too

Jessica Karmasek Feb. 21, 2017, 3:32pm

The court majority, in its Feb. 9 opinion, said hospitals need these warnings to credential the operating physicians and to provide optimal care for patients.

Advocacy groups file lawsuit over Trump’s ‘one-in, two-out’ regulation executive order

Jessica Karmasek Feb. 16, 2017, 3:12pm

The groups take issue with President Donald Trump’s Jan. 30 order, “Reducing Regulation and Controlling Regulatory Costs,” which calls for rescinding two government regulations for every new rule introduced, along with interim guidance issued by the Office of Management and Budget, or OMB, Feb. 2.

N.J. law firm alleges Philadelphia personal injury firm obtained illegal fee division agreement in motor vehicle case

Jessica Karmasek Feb. 15, 2017, 1:19pm

Attorney Joel Wayne Garber and his firm, Garber Law, filed the lawsuit in the Superior Court of New Jersey, Gloucester County, Law Division, Jan. 13. The named defendants include Heslin Law Firm, attorney Gary P. Heslin and Mark Patrick, a paralegal at the firm, according to the complaint.

U.S. SC arguments in consolidated cases over arbitration agreements to be set for 2017 term

Jessica Karmasek Feb. 14, 2017, 11:33am

According to reports, the nation’s high court notified lawyers in the cases -- Epic Systems Corp. v. Lewis, Ernst & Young v. Morris and NLRB v. Murphy Oil USA Inc. -- that arguments will be scheduled for the next term, which starts in October.

With Obama's veto threat gone, asbestos 'double-dipping' bill reintroduced

Jessica Karmasek Feb. 13, 2017, 1:54pm

U.S. Rep. Blake Farenthold, a Republican who serves on the House Judiciary Committee and the House Committee on Oversight and Government Reform, submitted the GOP-backed Furthering Asbestos Claim Transparency Act of 2017, or H.R. 906, last week.

Study: New York, California courts ‘magnets’ for workplace class actions

Jessica Karmasek Feb. 13, 2017, 8:46am

According to a Seyfarth Shaw LLP’s statistical study of class certification rulings in 2016, more conditional certification motions were granted within the U.S. Court of Appeals for the Second Circuit and Ninth Circuit than any other courts in the country.

Texas federal judge upholds DOL’s fiduciary rule, denies motion to stay case

Jessica Karmasek Feb. 10, 2017, 4:17pm

Judge Barbara M.G. Lynn, in a detailed 81-page order released Wednesday, shot down each of the plaintiffs’ major arguments, most notably deciding that the rule does not exceed the U.S. Department of Labor’s authority.

Eighth Circuit reverses, remands $10 million settlement in Target data breach class action

Jessica Karmasek Feb. 7, 2017, 12:10pm

The U.S. Court of Appeals for the Eighth Circuit, in its opinion last week, said the U.S. District Court for the District of Minnesota’s certification of the settlement class did not meet the standard of “rigorous analysis.”

Add lawsuit filed over alleged escheatment of shares to Alere’s list of woes

Jessica Karmasek Feb. 6, 2017, 2:35pm

A Swiss doctor filed his lawsuit against Alere Inc. and Computershare Limited in the U.S. District Court for the District of Delaware last month. In 2008, the plaintiff acquired 11,931 shares in Alere, and held those shares until, he claims, they were wrongfully escheated, or seized by the State of Delaware, in February 2013.

Trump order seeks review of DOL’s fiduciary rule

Jessica Karmasek Feb. 3, 2017, 3:41pm

The president’s order, signed Friday, instructs the U.S. Department of Labor to conduct a new study to determine whether the rule is likely to harm investors and the financial industry, and if it does, the rule can be rescinded or revised.

New ATRA program to tackle ‘deep-pocket jurisprudence’

Jessica Karmasek Feb. 3, 2017, 10:09am

Victor Schwartz, general counsel for the American Tort Reform Association and an expert on tort law, argues some courts in recent years have stretched tort law to impose liability on an innocent party.

Attorneys: ‘By-the-book,’ ‘apolitical’ Rosenstein is ‘beyond qualified’ for deputy AG role

Jessica Karmasek Feb. 2, 2017, 10:14am

According to reports, President Donald Trump plans to nominate Rosenstein, the longtime U.S. attorney in Maryland, for the No. 2 job at the U.S. Department of Justice.

Pre-settlement finance company files lawsuit against Florida law firm, others for alleged fraud

Jessica Karmasek Jan. 31, 2017, 2:03pm

Funding Holding Inc., doing business as Law Cash, filed its lawsuit in the U.S. District Court for the Eastern District of New York Jan. 18. Attorney Gabriel Jose Carrera, the Law Office of Gabriel Jose Carrera in Fort Lauderdale, Fla., and more than 20 individuals -- all residents of Florida -- were listed as defendants.

Attorney: U.S. SC review of arbitration agreements to impact businesses

Jessica Karmasek Jan. 31, 2017, 1:59pm

The Supreme Court must consider whether the National Labor Relations Act bars enforcement under the Federal Arbitration Act, of class action waiver provisions in an arbitration clause in an employment contract.

Former Calif. federal judge now serves on litigation funding company’s investment committee

Jessica Karmasek Jan. 31, 2017, 1:58pm

Vaughn Walker, the retired chief judge of the U.S. District Court for the Northern District of California, was appointed to IMF Bentham’s U.S. investment committee in October. The committee considers and approves cases for funding.

House Republicans target 'slush funds' created by DOJ for 'liberal friends'

Jessica Karmasek Jan. 27, 2017, 9:56am

The House Judiciary Chairman submitted the Stop Settlements Slush Funds Act of 2017, or H.R. 522, last week. An identical bill passed the House in the last Congress by a vote of 241-174, but failed to move.

Consumers have until the end of month to claim part of $52 million milk class action settlement

Jessica Karmasek Jan. 25, 2017, 10:20am

Defendants National Milk Producers Federation a.k.a. Cooperatives Working Together, Dairy Farmers of America Inc., Land O’Lakes Inc., Dairylea Cooperative Inc. and Agri-Mark Inc. agreed to settle the antitrust class action lawsuit to avoid a trial.

Structured settlement company argues CFPB shouldn’t bring action against it in light of D.C. Circuit ruling

Jessica Karmasek Jan. 24, 2017, 12:15pm

The company, listed on the lawsuit as John Doe Company, filed the lawsuit against the Consumer Financial Protection Bureau and Director Richard Cordray in the U.S. District Court for the District of Columbia Jan. 10.

Maker of coconut water settles class action lawsuit for nearly $1 million

Jessica Karmasek Jan. 11, 2017, 12:04pm

Harmless Harvest Inc. has agreed to make changes to its labels and to ongoing third-party monitoring of the accuracy of its product labels, among other things.