Litigation

Recent Posts

Duane Morris: Pennsylvania Superior Court Holds Communications Between Attorneys, Experts Not Discoverable
Posted on 15 Dec 2011 by Duane Morris LLP

In a significant reversal of its prior opinion, the Superior Court of Pennsylvania, sitting en banc , has ruled in Barrick v. Holy Spirit Hospital 1 that communications between an attorney and his or her expert witness are not discoverable under the Pennsylvania... Read More

Duane Morris LLP: New Jersey Appeals Court Distringuishes Supreme Court Ruling On Arbitration Clauses Barring Class Action Lawsuits
Posted on 17 Aug 2011 by Duane Morris LLP

The New Jersey Appellate Division ruled-despite the recent U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion -that binding arbitration clauses in consumer contracts that bar class-action suits still may be subject to challenge if they... Read More

Duane Morris Alerts: Electronic Funds Transfer Act: Class Action Surge Highlighted By Recent Cases
Posted on 15 Nov 2011 by Duane Morris LLP

The Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (EFTA), and its regulations promulgated by the Federal Deposit Insurance Corporation (FDIC), Reg E, 12 C.F.R. sect; 205.16, require, in relevant part, that banks charging a fee to non-bank... Read More

Duane Morris LLP: California Supreme Court Issues Key Ruling On Protection Of Witness Statements
Posted on 9 Aug 2012 by Duane Morris LLP

The California Supreme Court addressed vital issues related to attorney work-product protection for statements and interviews of independent witnesses in Coito v. Superior Court , Case No. S181712 (June 25, 2012) [ enhanced version available to lexis... Read More

Duane Morris Alert: Supreme Court, In Wal-Mart Employment Discrimination Case, Changes Landscape Of Class Action Litigation
Posted on 27 Jun 2011 by Duane Morris LLP

On June 20, 2011, the U.S. Supreme Court issued its decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com subscribers. ), which overturned certification of a class of 1.5 million current and former female... Read More

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases
Posted on 8 Jul 2014 by Duane Morris LLP

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory... Read More

Duane Morris Alert: Circuit Courts Uphold Dismissal Of Securities Claims Based On Alleged Fraud In Sale Of Auction Rate Securities
Posted on 5 Aug 2011 by Duane Morris LLP

Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently... Read More

Duane Morris LLP: FACT Act Promises Transparency In Bankruptcy Trust Claims And Payments For Asbestos Exposure
Posted on 4 Dec 2013 by Duane Morris LLP

Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim Transparency... Read More

Duane Morris LLP: U.S. District Court Preliminarily Enjoins EPA and ACOE ‘Waters of the United States’ Final Rule
Posted on 9 Sep 2015 by Duane Morris LLP

On August 27, 2015, a federal district judge in North Dakota preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE), titled "Clean Water Rule: Definition of Waters of the United... Read More

Duane Morris LLP: Compounding Pharmacies Now Subject To Federal Oversight
Posted on 4 Dec 2013 by Duane Morris LLP

On November 27, 2013, President Obama signed into law the Drug Quality and Security Act . Title I of this law—entitled the Compounding Quality Act (the "CQA")—allows the federal Food and Drug Administration (FDA) to oversee drug... Read More

Duane Morris Alerts and Updates. 2-Disease Rule No More: Pennsylvania Allows Multiple Malignancy Claims
Posted on 29 Feb 2012 by Duane Morris LLP

In a decision that impacts all asbestos defendants, the Pennsylvania Supreme Court held that the so-called "two-disease" rule allows plaintiffs in asbestos cases to file multiple malignancy claims. The state Supreme Court affirmed the Pennsylvania... Read More

Yes, You Filed Your 2011 Income Tax Return, but Did You File Your FBAR?
Posted on 9 Jun 2012 by Duane Morris LLP

As June 30 approaches and summer vacation plans are beginning to take shape, you can sit back, relax and be glad that you have already taken care of your 2011 Form TD F 90-22.1 filing responsibility with the Internal Revenue Service (IRS). You did file... Read More

Duane Morris LLP Alert: First ATM Accessibility Class Action Lawsuit, Pursuant To The Americans With Disabilities Act, Filed In Philadelphia
Posted on 17 Aug 2012 by Duane Morris LLP

The first of what is likely to be many ATM accessibility class action lawsuits, pursuant to the Americans with Disabilities Act (ADA), against Philadelphia-area banks was filed in federal district court in Philadelphia this week. The lawsuit against Beneficial... Read More

Duane Morris: Nevada Supreme Court Imposes Duty To Warn On Pharmacists
Posted on 15 Dec 2011 by Duane Morris LLP

On November 23, 2011, the Nevada Supreme Court ruled in Klasch v. Walgreen Co . , Nev. No. 54805, 1123(11), that a pharmacist who has knowledge that a patient may be at risk with respect to specific prescription drugs may be liable for failing to warn... Read More

Duane Morris LLP: Philadelphia Common Pleas Court Issues General Court Regulation On Mass Tort And Asbestos Programs
Posted on 24 Feb 2012 by Duane Morris LLP

On February 15, 2012, the Philadelphia Court of Common Pleas issued General Court Regulation No. 2012-01 , significantly altering the protocol governing mass tort cases. The order reflects the court's challenge of keeping its case disposition rate... Read More