Litigation

Recent Posts

Supreme Court Rules Vaccine Lawsuits Are Federally Preempted
Posted on 22 Feb 2011 by Tom Moylan

WASHINGTON, D.C. --(Mealey's) A 6-2 U.S. Supreme Court majority on Feb. 22 ruled that the National Childhood Vaccine Injury Act of 1986 (NCVIA) preempts tort claims asserting design defect against vaccine manufacturers ( Russell Bruesewitz, et al... Read More

Tags: SeaRiver Maritime , jones act , kidney cancer , Mack Shelby v. SeaRiver Maritime , cancer , oil , Litigation , lawsuit , California Court of Appeal , toxic tort , benzene , Shelby

Fulbright Briefing: In Mixed Ruling, California Court Addresses Interplay Between Arbitration and Choice-of-Law Provisions in Customer Agreements
Posted on 24 Oct 2012 by Norton Rose Fulbright

By Ellen Bush Sessions , Eric A. Herzog and Spencer Persson In a recent decision with implications for broker-dealers and other companies that do business in California, the California Court of Appeal considered whether the Federal Arbitration Act... Read More

Tags: CAA , FAA , preemption , Spencer Perrson , FINRA , Arbitration , Mastick v. TD Ameritrade , Fulbright &amp , California , Jaworski , AAA , Eric Herzog , Oakwood Capital Management , Federal Arbitration Act , Ellen Sessions , Litigation , Financial Industry Regulatory Authority , American Arbitration Association , Inc. , amp , California Court of Appeal , California Arbitration Act , professional negligence

California Appeals Court Affirms $8 Million Benzene Injury Verdict
Posted on 22 Feb 2011 by Michael Lefkowitz

SAN FRANCISCO -- (Mealey's) A California appeals court has affirmed an $8 million judgment to a seaman who blamed benzene exposure aboard oil tankers for the loss of a kidney to cancer, saying Feb. 18 that scientific certainty is not required for... Read More

Tags: SeaRiver Maritime , jones act , kidney cancer , Mack Shelby v. SeaRiver Maritime , cancer , oil , Litigation , California Court of Appeal , toxic tort , benzene , Shelby

California Court Avoids Concepcion By Striking Arbitration Agreement Without Considering Class Action Waiver
Posted on 7 Dec 2011 by Ballard Spahr LLP

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible - even after the U.S. Supreme Court's landmark ruling in AT&T Mobility v... Read More

Tags: Supreme Court , Arbitration , Concepcion , class action , Federal Arbitration Act , Litigation , Ballard Spahr , California Court of Appeal , Sanchez v. Valencia Holding Co.