Southeast

January 29, 2008
Bausch & Lomb ReNu Tests Were Flawed: Study

A Bausch & Lomb contact lens solution that caused a massive outbreak of fungal infections in 2006 may not have been adequately tested to ensure that it was resistant to microbial contamination, a study has found.
January 22, 2008
More Coal Proposals Nixed Amid Pollution Worries

At least 59 proposed projects to build coal-fired electricity-generating plants were rejected or stalled last year as environmental concerns took center stage.
January 15, 2008
Plaintiffs Favor State Court For Class Actions: Study

The number of wage-and-hour class actions filed against employers continued to increase in 2007, with the most significant growth on the state court level, according to a report published by Seyfarth Shaw LLP’s employment attorneys.
January 9, 2008
TV Ads Minimize Drug Risks: Study

Amid rising concern over the ethics of direct-to-consumer advertising, a recent study by a group of university researchers has found that most prescription drug ads on television do not present a fair balance of information, especially when it comes to the risk of side effects.
December 18, 2007
South Florida Catches Heat As Top "Judicial Hellhole"

South Florida, where judges allegedly tilt the scales of justice against civil defendants, has been deemed this year's top “judicial hellhole,” according to a report issued by a tort reform special interests group on Tuesday.
August 24, 2007
Study Documents Decline In U.S. Workplace Deaths

The fatal work injury rate in the United States dropped to a record low in 2006, although there were fatality increases in such fields as mining, construction and manufacturing, according to preliminary data put out by the Bureau of Labor Statistics.
July 3, 2007
Study Could Weaken Merck's Vioxx Defense: Report

A new study which reportedly lends credibility to evidence that Merck & Co.'s Vioxx increased the risk of heart attacks in patients immediately after they started taking the drug could drive a stake into the pharmaceutical giant's mostly favorable track record in litigation over the ill-fated painkiller.
June 14, 2007
Delinquencies Down, But Foreclosures Up: Study

Though the delinquency rate for mortgage loans has begun to decrease, the number of subprime and other loans entering the foreclosure process has jumped to record revels, a recent study found.
April 11, 2007
Juries Side With Doctors: Study

Juries are more likely to side with doctors in medical malpractice lawsuits, even in cases in which independent experts expect the patients to prevail, a recent study has found.
March 23, 2007
Medical Malpractice Payouts Rising: DOJ Study

Medical malpractice insurance payouts have risen dramatically due to growing health care costs and an increasing effort by attorneys to litigate claims over only the most severe injuries, according to a Department of Justice study released Sunday.
March 12, 2007
Report: Guest Worker System Is "Shamefully Abusive"

As Congress begins debating legislation that could greatly expand so-called guest worker programs as a way to curb illegal immigration, a civil rights firm has argued that it should first look into abuses those workers currently endure.
February 27, 2007
Patent Infringement Actions Declining: Study

Fewer business method patent filings, alternative dispute resolutions, and the rising costs of litigation have led to the first decline in patent infringement actions in 16 years, according to a new survey.
February 14, 2007
Greenberg Traurig Ranked #1 In Trademark Suits

Greenberg Traurig LLP has emerged by a wide margin as the top trademark litigator in the United States in 2006, moving from its second-place ranking the previous year, according to our survey of federal court dockets.
February 14, 2007
Product Liability Litigation Trends: Energy

Exxon Mobil Corp., the largest energy company in the world, is litigating more product liability suits than any of its peers, according to our survey of the 65 utility, gas and oil companies in the S&P 500.
February 14, 2007
Littler Ranked #1 In Employment Litigation

San Francisco-based Littler Mendelson PC was retained more frequently than any other firm for federal labor and employment litigation in 2006, according to our survey of the nation's top 300 firms.
February 14, 2007
Wall Street's Most Litigious Companies

The countless lawsuits brought by home owners in the wake of the devastating Hurricane Katrina has propelled insurance company Allstate Corp to the top of our list of most litigious financial services firms last year.
February 14, 2007
Cohen Milstein Tops Antitrust Plaintiffs Ranking

A surge in antitrust litigation has meant fertile ground for plaintiffs’ firms, but Cohen, Milstein, Hausfeld & Toll outshone the bevy of outfits fighting for courtroom action as the most in-demand plaintiffs’ antitrust practice last year, according to our survey of the 300 largest firms in the United States.
February 14, 2007
Employment Litigation Trends: Health Care

The health care industry was hit with the latest round of overtime lawsuits being filed across the country, and our survey of the 50 largest companies shows that Johnson & Johnson was hit with the most employment suits in 2006.
February 14, 2007
Williams Bailey Ranked #1 In Product Liability Litigation

Williams Bailey LLP has emerged as the most sought-after plaintiffs firm to represent clients in product liability cases last year, according to our survey of the largest U.S. law firms.
February 14, 2007
Mayer Brown Ranked #1 In Antitrust Defense

With the market for antitrust litigation heating up, Mayer, Brown, Rowe & Maw LLP beat out the competition by a landslide as the most sought-after antitrust defense firm last year, according to our survey of the 300 largest firms in the United States.

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Expert Analysis

Case Study: Hubbard V. BankAtlantic

The Eleventh Circuit's recent decision in Hubbard v. BankAtlantic Bancorp Inc. shows that loss causation remains a formidable obstacle to plaintiffs in securities fraud class actions — even on a post-trial appeal. The case also reflects that conducting an event study, while necessary to prove loss causation, is not necessarily sufficient, say attorneys with Haynes and Boone LLP.
The Valuation Of PUCs In Miss.

The Mississippi Supreme Court has reformed Mississippi eminent domain law with its decision in Dedeaux Util. Co. Inc. v. City of Gulfport, holding that the section of the Mississippi Code which sets the date of valuation of property subject to eminent domain as the date of filing of the complaint is unconstitutional as applied to privately owned public utility companies, says Michael McCabe of Butler Snow O'Mara Stevens & Cannada PLLC.
Social Media: A Double-Edged Sword For Defense Counsel

Many of the risks and obligations arising from attorney Mark O'Mara's social media campaign in the George Zimmerman case are the same or similar to those all counsel face when making public statements about cases in traditional media outlets. But the use of social media puts a new twist on the issues, says Richard Griffith of LeClairRyan.
Implications Of Flagship Credit V. Indian Harbor

The Fifth Circuit’s decision in Flagship Credit Corp. v. Indian Harbor Ins. Co. highlights the significance of the insurance contract and the manner in which terms are used within that contract, say Patrick McDermott and Michael Levine of Hunton & Williams LLP.
Case Study: Polypore V. FTC

In Polypore International Inc. v. Federal Trade Commission, the Eleventh Circuit upheld an FTC decision condemning a merger of two could-be rivals. The decision is noteworthy in its treatment of the potential competition issue, the use of the anti-competitive presumption in such circumstances, and the questions of market definition raised in the case, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Protecting Insurers And Leaving Policyholders In The Dark

It is unquestionable that the Sixth Circuit's decision in OneBeacon v. Am. Motorists is a win for settling insurers, who by settling are left in peace with no further liability to their policyholder or to any other insurer that otherwise would seek equitable contribution. What is less clear is whether OneBeacon provides a victory for policyholders, say attorneys with Calfee Halter & Griswold LLP.
Case Study: In Re Creekside Senior Apartments

The impact of the Creekside Senior Apartments LP decision by the Bankruptcy Appellate Panel for the Sixth Circuit is significant for low income housing tax credit lenders who may be at risk of a cramdown in the event of a low-income housing project borrower’s bankruptcy if the value of LIHTCs awarded to the project is not considered for purposes of valuing the secured claim, say attorneys with Buchanan Ingersoll & Rooney PC.
The Role Of Manufacturers' Duties In Asbestos Litigation

In Union Carbide Corp. v. Aubin, a Florida court of appeals has reversed a $6.6 million judgment for the plaintiff in an asbestos case, raising interesting issues of the law on design and warning defects, and what constitutes such a warning, says Sean Wajert of Shook Hardy & Bacon LLP.
Osheroff V. Tenet — A Proper Application Of Rule 9(b)

The Southern District of Florida decision in U.S. ex rel. Osheroff v. Tenet Healthcare Corp. properly applies Rule 9(b)’s requirement that the circumstances constituting fraud be pled with particularity by requiring a plaintiff in a false certification based on Stark and Anti-Kickback Statute violations to plead facts demonstrating that inferences of unlawful remuneration are warranted, says Scott Stein of Sidley Austin LLP.
Preparing For The 2012 Atlantic Hurricane Season

Hurricanes that make landfall often cause enormous damage, and with the beginning of tropical storm activity just around the corner, now is the time to prepare your company. Having a properly managed insurance recovery process can mitigate a storm's impact on your business, says Vince Morgan of Pillsbury Winthrop Shaw Pittman LLP.

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