BMW AG tried Friday to get out of class claims from automotive recycling companies over defective Takata Corp. air bags, arguing that the Florida federal court overseeing the air bag multidistrict litigation does not have jurisdiction over the German auto company.
The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?
The Eighth Circuit on Monday upheld a lower court's decision to limit discovery in a woman's suit alleging that a prescription psoriasis and arthritis drug led to her husband's death and to levy a $25,000 sanction against her attorney for trying to relitigate issues the court had already ruled on.
A California state jury on Friday convicted Plains All American Pipeline LP on several charges stemming from a 2015 pipeline spill, a result that should sound the compliance alarm for pipeline companies everywhere and further embolden opposition to oil and gas project development and permitting, attorneys say.
Century Surety Co. lost its bid in California federal court Friday to shake a $4.7 million jury verdict requiring the insurer to cover a settlement over allegedly defective mobile homes.
Severson & Werson has expanded its trial practice, bringing three new partners versed in a variety of court cases to its San Francisco office from Archer Norris PLC.
Duro Dyne Corp., a manufacturer of sheet metal equipment and accessories, filed for bankruptcy in New Jersey on Friday with lingering liabilities from asbestos exposure litigation dating back 30 years, saying it has exhausted various insurance policies.
Jeep Cherokee drivers slapped Fiat Chrysler America LLC with a proposed class action Friday, telling a New York federal court that the automaker has failed to fix a defective nine-speed automatic transmission that has been “plagued with problems from the start.”
A possible solution to clearing the thousands-deep backlog of tobacco cases in Florida might have been sparked in an innovative recent tobacco trial in the U.S. Virgin Islands: two plaintiffs, and two juries, but tried at the same time in the same courtroom, resulting in $113 million in verdicts.
Olin Corp. appears set to receive $120 million to settle its lengthy dispute with Lamorak Insurance Co. over the insurer's liability for costs tied to legacy environmental remediation at the chemical maker's sites across the U.S., according to a filing with the U.S. Securities and Exchange Commission.
A Mercedes-Benz driver urged a Massachusetts federal court Friday to keep intact his proposed class action claiming the automaker hid a radiator defect from consumers, arguing that the company's dismissal bid is “nothing more than advocacy” that the court must ignore.
A California federal judge has sanctioned Imprimis Pharmaceuticals Inc. for the second time after it violated a discovery order in a closely watched false advertising suit brought by Allergan USA Inc., ordering the drug compounder to provide the withheld documents and pay attorneys' fees.
A California federal judge has partially certified various classes and subclasses of consumers who had sued the makers of Muscle Milk alleging that the company’s product labels overstate the nutritional benefits of the brand’s protein supplements.
For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.
It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.
A combination of smoking cigarettes made by R.J. Reynolds and Philip Morris and exposure to an auto parts company's asbestos-laden brakes caused a man's fatal lung cancer, counsel for the man's widow told a Boston jury during Friday opening statements.
San Diego can’t shake Monsanto’s contention that it’s at least partially to blame for pollution in the San Diego Bay, a federal judge ruled Thursday, finding that the agribusiness’ affirmative defenses, including claims the Southern California city and its port district had unclean hands, deserve more evidence before dismissal.
A Pennsylvania federal magistrate judge on Friday sided with two energy companies in a suit claiming they’re responsible for coal dust pollution from their power plants, ruling they did not control or operate the plants and, under state law, a parent corporation is not liable for its subsidiaries’ conduct.
In the latest development stemming from the Volkswagen emissions-cheating scandal, a California federal judge told a bondholder Friday that its second amended complaint could survive the carmaker's dismissal bid, but could not be amended to include insider trading claims.
A California appellate court on Friday reversed the dismissal of a putative class action accusing Bayer Corp. of misleading consumers about its so-called One A Day gummy vitamins, which the pharmaceutical company actually recommends taking twice a day.
California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.
As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.
Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.
Justice Ruth Bader Ginsburg is everything she is cracked up to be — feminist icon, brilliant jurist, fierce dissenter. She is also an incredible boss, mentor and friend. Her advice has shaped how I have tried to balance building a career and raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.
Recent cases like Miami-Luken v. Navigators emphasize that losses must be accidental and fortuitous to be covered by insurance. Since most opioid lawsuits allege that defendants knowingly caused harm, companion insurance coverage suits will continue to raise issues such as prior knowledge and known loss, say Monica Sullivan and Jodi Green of Nicolaides Fink Thorpe Michaelides Sullivan LLP.
Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.
Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.
One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.
A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.
As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.