Litigation

Recent Posts

Use Predictive Coding and Get an E-Discovery Vendor, Judge Says, Or Tell Me Why You Shouldn't
Posted on 3 Dec 2012 by LexisNexis Litigation Resource Community Staff

Years ago, humorous writer Fran Lebowitz was asked about criticism of a judge overseeing one of the highest profile murder trials of all time. The jurist was taking heat for what people viewed as a laid back or merely observant role in the courtroom,... Read More

Lawsuit Filed Against Deutsche Bank Claims Las Vegas Condo Buyers Deceived
Posted on 26 Aug 2010 by LexisNexis Litigation Resource Community Staff

LOS ANGELES - A lawsuit was filed July 19 in Los Angeles County Superior Court by the law firm Lurie & Park LLC on behalf of three people who placed deposits towards condominiums at the Cosmopolitan of Las Vegas ( Wendy Na, et al. v. Deutsche Bank... Read More

2 Subprime Suit Dismissal Motion Rulings
Posted on 15 Jun 2010 by Kevin M. LaCroix

In two separate decisions, two courts issued opinions in cases that each related in different ways to Credit-Based Asset Servicing and Securitization, LLC , also known as C-Bass. As discussed below, Judge Rakoff has issued an opinion substantiating his... Read More

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia
Posted on 14 Feb 2014 by Ballard Spahr LLP

By Roger D. Winston, Shelah F. Lynn and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as... Read More

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts
Posted on 25 Jan 2013 by William A. Ruskin

By William A. Ruskin In a thoughtful decision handed down in Reeps v. BMW of North America, LLC , 2012 N.Y. Slip Op.33030(u) [ enhanced version available to lexis.com subscribers ], on December 16, 2012 in New York County Supreme Court, the Hon. Louis... Read More

Legislative Damage Caps Found Unconstitutional In Tennessee
Posted on 11 Mar 2015 by LexisNexis Legal Newsroom Staff

On March 9, 2015, Judge W. Neil Thomas, III of the Circuit Court of Hamilton County, Tenn., found the statutory caps for noneconomic damages in Tenn. Code Ann. § 29-39-102 to be unconstitutional. The statute, enacted in 2011, added a cap for recovery... Read More

Cadwalader Clients & Friends Memo: FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet
Posted on 8 Jul 2014 by Cadwalader, Wickersham & Taft LLP

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western energy crisis from 2000 to... Read More

Oregon Federal Jury Returns Defense Verdict In 3 Shoulder Pain Pump Cases
Posted on 18 Oct 2010 by Tom Moylan

PORTLAND, Ore. -- An Oregon federal jury on Oct. 15 returned three defense verdicts in a trial against the manufacturer of a drug infusion pump and a distributor ( Christina McClellan v. I-Flow Corporation , et al,, No. 07-1309, Juan Huerta v. I-Flow... Read More

Challenging Plaintiff's Proof Of Reasonable Alternative Design
Posted on 15 Mar 2012 by William A. Ruskin

By William A. Ruskin In the majority of jurisdictions, to establish a claim for design defect in a product liability action, the plaintiff must present some proof of a "feasible alternative design" or "reasonable alternative design."... Read More

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions
Posted on 2 Jul 2013 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board... Read More

Chief Justice Denies Request To Shut Down NLRB
Posted on 3 Jul 2013 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute... Read More

Supreme Court To Decide If Bankruptcy Lawyers Can Get Fees For Pursuing Bonus Fees
Posted on 3 Oct 2014 by Emerson Heffner

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 2 agreed to decide whether the U.S. Bankruptcy Code gives bankruptcy courts discretion to award lawyers their fees for successfully defending applications for enhanced attorney fees... Read More

Payment Of Attorneys For Defending Fee Requests Debated In Supreme Court
Posted on 25 Feb 2015 by Emerson Heffner

WASHINGTON, D.C. — (Mealey’s) There is no basis in the law for categorically denying payment to lawyers for successfully defending their fee applications in bankruptcy cases, attorney Aaron M. Streett of Texas law firm Baker Botts LLP told... Read More

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading
Posted on 1 Jul 2014 by LexisNexis Legal Newsroom Staff

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising... Read More