LexisNexis® Legal Newsroom
Norton Rose Fulbright: Proposed FRCP E-Discovery Amendments v.2.0

By David J. Kessler , Keith Matthew Angle and Jami Mills Vibbert On August 15, 2013, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States published the Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy and Civil Procedure for public...

Norton Rose Fulbright: 9th Circuit Eases Limits On Removals To Federal Court

By Joshua D. Lichtman The Ninth Circuit has held that, because a complaint was “indeterminate” with respect to allegations of the parties’ citizenship and the amount in controversy, a defendant who “conducted its own investigation . . . and discovered that the case was removable...

Norton Rose Fulbright: Rise Of Predictive Coding For Pharmaceutical Companies

By Jessica Sykora | Pharmaceutical and medical device companies in the midst of costly e-discovery battles and high-dollar litigation have more than likely heard the buzzwords "predictive coding" and "computer-assisted review" at some point during strategy sessions over how to...

Norton Rose Fulbright: New York Court Says Medical Device Distributor’s Lost Profits Are Direct, Not Consequential, Damages

By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential damages" clause in a distribution agreement...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

Norton Rose Fulbright: Plaintiff Firms Continue Targeting Annual Meeting Proxies

By Gerard G. Pecht and Peter A. Stokes In what has become an annual rite of springtime, shareholder plaintiff lawyers are once again targeting Schedule 14A annual meeting proxy statements that include proposals on executive compensation, incentive plans, the authorization of additional shares, and...

Norton Rose Fulbright: 2d Circuit Dismisses Listing Theory Under Morrison

By Johannes K. Gabel , Manuela A. Siragy and Richard Werner Fagerer The Court of Appeals for the Second Circuit in its May 6 decision emphatically continued to interpret the Morrison v. National Australia Bank 1 doctrine broadly by confirming the District Court’s dismissal of a putative securities...

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph requires that "a patent's claims...

Norton Rose Fulbright: FDA’s Expanded Oversight Of ‘High-risk’ Diagnostic Devices

By Cori Annapolen Goldberg and Lidia Niecko-Najjum In efforts to ensure that in vitro diagnostic devices 1 provide accurate, consistent and reliable results, the US Food and Drug Administration ("FDA" or "the Agency") 1) issued a final guidance on the development, review and approval...

Norton Rose Fulbright: Former Executives Guilty Of Food Safety Violations

By Megan Fanale Engel and Cori Annapolen Goldberg On September 19th, a federal jury in Albany, GA found three former Peanut Company of America (“PCA”) executives guilty of felony charges related to food safety violations. Stewart Parnell, the former owner of PCA; Mary Wilkerson, the former...

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions

By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as a partial...

Norton Rose Fulbright: Courts Disagree Whether Attacks On Expert Damage Models Defeat Class Certification In The Wake Of Comcast

By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ]. requires plaintiffs seeking class certification...

Norton Rose Fulbright: Red Bull Settlement Problems Show Consequences Of Certifying Unascertainable Classes

By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do not retain receipts or proofs of purchase (think...

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements

By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced opinion available to lexis.com subscribers ...

Norton Rose Fulbright: Recent Jeans Case Confirms Harsher ‘Made In USA’ Standards Exist In California

By Lauren Shoor A California federal district court judge recently provided some clarity on the apparent disparity between California’s “Made in the USA” law and the standard set forth by the Federal Trade Commission. The Southern District Court of California’s recent decision...

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might...

Norton Rose Fulbright: Certification of Damages Class Denied in ‘All Natural Fruit’ False Labeling Suit

By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means of showing damages on a classwide basis through...

Norton Rose Fulbright Releases 2015 Litigation Trends Annual Survey

Findings show increase in disputes as a major concern for companies globally | Global legal practice Norton Rose Fulbright on May 14 released its 2015 Litigation Trends Annual Survey . This year’s survey is the 11th overall and the most extensive in its history, polling more than 800 corporate...