HowAppealing

NOVEMBER 8, 2022

“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. Court of Appeals for the Ninth Circuit issued last Thursday. The post “‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. ” appeared first on How Appealing.

Tort 100

Tort Litigation Litigating Attorney 100

ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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Litigation Litigating Construction Tort 143

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Litigating Court Finance 126

ClimateChange-ClimateLaw

FEBRUARY 27, 2025

In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. See Japanese Court Upholds Mistakes in post-disaster Energy Policy in Yokosuka Climate Case Decisions.) Sendai Power Station ). Kobe Steel Ltd.,

Litigation 102

Litigation Litigating Construction Tort 102

Paralegal Bootcamp

JULY 24, 2023

However, it’s essential to understand that the kind of litigation paralegal role you choose will influence your job satisfaction. This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation.

Paralegals 130

Paralegals Paralegal Litigation Litigating 130

JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. Several of the companies have declined to comment on the pending litigation.

Tort 239

Tort Statute Legal Legal 239

LawTechnologyToday

MARCH 19, 2021

In litigation (and life), being organized often leads to better outcomes. The path to becoming organized, specifically in litigation, can present significant challenges. When it comes to litigation needs, a case management system will enhance client service when properly used. Capturing the Data.

Technology 120

Technology Litigation Litigating Case Management 120

Law 360

FEBRUARY 28, 2022

While the recent bankruptcies of Johnson & Johnson, Purdue Pharma and Boy Scouts of America have sparked debate about whether bankruptcy court is the best venue for resolving mass tort claims, bankruptcy's structural, procedural and substantive benefits make it a superior choice over multidistrict litigation, says Samir Parikh at Lewis & Clark Law (..)

Tort 75

Tort Law School Litigation Litigating 75

SCOTUSBlog

DECEMBER 2, 2023

Share The Supreme Court will hear oral arguments on Monday in one of the highest-profile bankruptcies in recent memory: Harrington v. Court of Appeals for the 2nd Circuit of a multi-billion-dollar bankruptcy plan for Purdue Pharma, the maker of the opioid OxyContin. First, the court of appeals explained, 11 U.S.C. § And in Sept.

Court 136

Court Tort Litigation Litigating 136

LawSites

OCTOBER 3, 2023

When San Francisco lawyer Todd Schneider’s litigation firm, Schneider Wallace , became frustrated with its options for case management software — finding existing products to be antiquated, inflexible, and better suited to transactional practices — the firm decided to build its own.

Case Management 116

Case Management Litigation Litigating Calendaring 116

LPB Network

JUNE 23, 2021

Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Paths to Comprehensive Entity Liability in Constitutional Litigation. Howard reviews two recent articles by Katherine Mims Crocker, Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity, 73 Fla.

Litigation 52

Litigation Litigating Tort Court 52

Law 360

JULY 2, 2024

The Beasley Allen Law Firm and Johnson & Johnson continue to spar over the firm and attorney Andy Birchfield's role in the long-running federal and state mass torts over talcum powder injuries, with the firm calling J&J out on Tuesday for "prodding" the New Jersey courts to boot the lawyers from the litigation.

Tort 52

Tort Law Firm Law Firms Litigation 52

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Smith appealed.

Litigation 75

Litigation Litigating Laws Tort 75

Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

Litigation 59

Litigation Litigating Tort Divorce 59

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. Again, the court agreed.

Tort 48

Tort Litigation Litigating Construction 48

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 46

Tort Litigation Litigating Construction 46

SCOTUSBlog

APRIL 4, 2022

The prosecution moved to dismiss “in the interest of justice” and a New York trial court dismissed the matter. Kavanaugh’s opinion for the court. Kavanaugh began by affirming that precedent from the court and lower courts recognized claims for unreasonable seizure pursuant to legal process under the Fourth Amendment.

Tort 108

Tort Court Litigation Litigating 108

Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Economic torts? Background. PD 6B, para. Three main reasons were given.

Tort 52

Tort Cause of Action Court Litigation 52

The Cloud Court Blog

AUGUST 19, 2022

That enterprise, of course, is litigation. There exists an interesting body of literature that addresses how litigants leverage “asymmetric access to information” ( i.e., salient data to which only one party has access) to achieve better results for their clients. [i] Until then: litigate like you mean it. [i] But not always.

Litigation 52

Litigation Litigating Attorney Diligence 52

Paralegal Bootcamp

APRIL 15, 2022

In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice. That will dictate the “where.”

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Paralegals Paralegal Legal Assistant Legal Assistance 246

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.

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Court Construction Litigation Litigating 115

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. The Hawai‘i Circuit Court’s decision.

Court 85

Court Tort Cause of Action Litigation 85

Patently O

OCTOBER 6, 2024

by Dennis Crouch In a recent decision, the Federal Circuit addressed several key issues in intellectual property litigation, including the scope of "absolute litigation privilege" under Illinois law, trade dress functionality, and the consequences of discovery sanctions. Toyo Tire Corp. Atturo Tire Corporation , No.

Litigation 52

Litigation Litigating Tort Laws 52

SCOTUSBlog

NOVEMBER 20, 2023

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The court designated six cases as bellwether cases. du Pont de Nemours v.

Litigation 110

Litigation Litigating Tort Statute 110

SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.

Statute 100

Statute Court Contract Tort 100

Conflict of Laws

JANUARY 21, 2024

The Supreme Court of Canada has granted leave to appeal in Sinclair v Venezia Turismo. In light of the test for obtaining leave and the relatively low number of cases in which leave is granted, this offers at least some suggestion that the top court is interested in considering the legal issues raised in the case.

Tort 59

Tort Court Contract Litigation 59

Patently O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Judge Buescher (D.Neb.)

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Tort Litigation Litigating Construction 122

Conflict of Laws

APRIL 7, 2023

Asser Institute for International & European Law, The Hague Mexico’s ongoing transnational litigation against the firearms industry in U.S. courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. On appeal in the U.S.

Tort 52

Tort Laws Manufacturing Court 52

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins responded that private litigation is antithetical to the substantial enforcement power and discretion FNHRA accords states and the secretary of health and human services.

Court 98

Court Statute Cause of Action Contract 98

SCOTUSBlog

OCTOBER 10, 2021

1983 claim for malicious prosecution under the Fourth Amendment requires a resolution that “affirmatively indicates innocence,” as the lower court held, or that it “formally ended in a manner not inconsistent with” innocence. Court of Appeals for the 11th Circuit in Laskar v. Clark , to be argued Tuesday, considers whether a 42 U.S.C.

Tort 104

Tort Litigation Litigating Court 104

JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,

Tort 50

Tort Punitive Damages Personal Injury Compensatory Damages 50

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

Litigation 97

Litigation Litigating Finance Tort 97

LawSites

JANUARY 11, 2023

Last June, the seven-year-old litigation analytics company Gavelytics shut down, seemingly overnight, with founder and CEO Rick Merrill announcing the news by an email on June 29 that he “recently made the difficult decision to close Gavelytics effective June 30,” as I reported at the time. .

Legal 81

Legal Legal Litigation Litigating 81

Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. In Welch v. Welch , No. M2021-00081-COA-R3-CV (Tenn.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

The Cloud Court Blog

MARCH 6, 2023

TL;DR: Cloud Court augments Hire Counsel’s deep pool of expertise for projects that require intensive time and resource demands. Gibson, our testimony intelligence solution , is an intuitive complement to the litigation process. Press release

eDiscovery 52

eDiscovery Depositions Litigation Litigating 52

Law 360

MAY 2, 2024

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

Tort Court Decisions Litigation Litigating 52

ClimateChange-ClimateLaw

MAY 30, 2024

Violating obligations under the Treaty can result in victims claiming remedies before national courts, including the right to ecological restoration and environmental remediation. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

Drafting 59

Drafting Litigation Litigating Diligence 59