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Tylenol MDL Highlights Expert Admissibility Headaches

Law 360

A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.

Tort 52
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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.

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Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

Conflict of Laws

The primary rule for jurisdiction in personam in Indonesia is to sue the defendant in their home court. Similarly, the doctrine of lis alibi pendens is part of Indonesian civil procedure, though rarely used in cases pending in foreign courts between the same parties and subject matter. Pereira (Supreme Court decision 376 K/Pdt.

Laws 59
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The long conference’s relists

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

Court 111
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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

Conflict of Laws

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. The decision also deals with questions of German procedural law. The long-awaited U.S.

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Climate Litigation Chart Updates – November 2016

ClimateChange-ClimateLaw

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.