Trials

Expert Analysis

• Rule 23 Changes: Avoid Delays In Class Settlement Approval

  

  Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

• Trespass By Fracking: Pennsylvania Court Weighs In

  

  Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

• Don't Misunderstand The Prop 65 Coffee Ruling

  

  Press coverage of a recent high-profile Proposition 65 decision in California may prompt readers to conclude that coffee causes cancer; in fact, there was no such finding. But if the ruling stands, it could still have a big impact on coffee makers, so it is important for both consumers and companies to understand it fully, say attorneys with DLA Piper.

• Best Practices For Building A Better Meeting

  

  How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

• 5 Ways Law Firms Are Becoming More Like Hotels

  

  One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

• How CPSC Late Reporting Penalty Trends Are Evolving

  

  Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

• Opinion

  Gorsuch's 1st Year Shows He Is A Conservative Activist

  

  In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

• What Makes CPSC's Polaris Settlement Special

  

  For members of industry, consumer advocates and those worried about partisan deadlock, the recent settlement between Polaris Industries and the U.S. Consumer Product Safety Commission may provide some faith in how the CPSC fulfills its important mission to keep consumers safe, says Heather Capell Bramble of Venable LLP.

• Preempting Preemption: Device Cases After Shuker — Part 2

  

  Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

• Preempting Preemption: Device Cases After Shuker — Part 1

  

  Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.