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March 9th, 2017

Missouri, Oregon High Courts Clarify ‘Personal Jurisdiction,’ SCOTUS Poised to Hear Similar Cases

As both state and federal courts in recent years have created confusion by ruling differently on questions of personal jurisdiction (whether a state’s courts should have jurisdiction over cases involving various out-of-state elements), high courts in Missouri and Oregon last week hewed closer to longstanding tradition and appropriately ruled that claims alleging out-of-state injuries against out-of-state defendants doing little business there should be brought elsewhere . . . → Read More: Missouri, Oregon High Courts Clarify ‘Personal Jurisdiction,’ SCOTUS Poised to Hear Similar Cases

February 1st, 2017

ATRA Lauds Nomination of Judge Gorsuch to SCOTUS

Noting Judge Neil Gorsuch’s “refreshing record of leaving lawmaking to elected lawmakers,” the American Tort Reform Association today voiced optimism about his nomination to the U.S. Supreme Court and “the perspective he’ll bring in helping to make our civil justice system more predictably fair” . . . → Read More: ATRA Lauds Nomination of Judge Gorsuch to SCOTUS

January 28th, 2016

Will New Defense Strategy Spurred by Recent SCOTUS Decision Succeed in Limiting Class Actions?

The U.S. Supreme Court’s recent ruling in Campbell-Ewald Co. v. Gomez, wherein the majority held that a defendant’s mere offer to pay an individual plaintiff’s full claim for damages is not enough to prevent that plaintiff from leading a class-action, appears to be having an immediate impact on litigation strategy . . . → Read More: Will New Defense Strategy Spurred by Recent SCOTUS Decision Succeed in Limiting Class Actions?

January 25th, 2016

SCOTUS Rules Class Actions Can Survive Defendants’ Offers to Individual Plaintiffs

On January 21 the U.S. Supreme Court ruled 6-3 that an offer of full payment for an individual claim, prior to the deadline for filing a motion for class certification, does not end the claim or prevent class certification . . . → Read More: SCOTUS Rules Class Actions Can Survive Defendants’ Offers to Individual Plaintiffs

May 28th, 2014

SCOTUS Rejects Appeal, $42 Million Verdict against Fen-Phen Shysters Stands

The U.S. Supreme Court has opted against hearing the appeal of notorious class action attorneys found liable for looting a $200 million diet drug settlement fund . . . → Read More: SCOTUS Rejects Appeal, $42 Million Verdict against Fen-Phen Shysters Stands

January 15th, 2014

SCOTUS Invites New Wave of ‘Pay-to-Play’ Lawsuits

A unanimous U.S. Supreme Court yesterday overturned an appellate court decision that had been heralded as a needed check on so-called “pay-to-play” litigation . . . → Read More: SCOTUS Invites New Wave of ‘Pay-to-Play’ Lawsuits

December 15th, 2013

U.S. Solicitor General Weighs in on Patent Troll Case, Urging SCOTUS to Grant Certiorari

The U.S. Solicitor General’s office has weighed in on a closely-watched patent case — Limelight v. Akamai – and its brief could spell trouble for patent trolls . . . → Read More: U.S. Solicitor General Weighs in on Patent Troll Case, Urging SCOTUS to Grant Certiorari

June 21st, 2013

Bad Decision on Arbitration from Florida Supreme Court May Rate a ‘Dishonorable Mention’

In stark contrast to a U.S. Supreme Court decision on the same day upholding an arbitration agreement, Florida’s notoriously trial lawyer-friendly high court yesterday overturned a lower court and threw out such an agreement freely entered into by a hernia patient and his surgeon . . . → Read More: Bad Decision on Arbitration from Florida Supreme Court May Rate a ‘Dishonorable Mention’

June 17th, 2013

SCOTUS Puts Roadblock Between Lawyers Trolling for Clients and Private DMV Records

The U.S. Supreme Court ruled that plaintiffs’ lawyers may not use confidential DMV records to troll for clients. Plaintiffs’ lawyers may not “acquire highly restricted personal information from state DMV records to send bulk solicitations without express consent from the targeted recipients.” . . . → Read More: SCOTUS Puts Roadblock Between Lawyers Trolling for Clients and Private DMV Records

April 2nd, 2013

Punishing Lawyers, Plaintiffs and Witnesses Who Conspire and Lie to Defraud Our Courts

It’s long overdue, but a nascent movement to hold accountable and punish those who pursue fraudulent lawsuits at the expense of taxpayers, consumers and jobseekers may finally be materializing . . . → Read More: Punishing Lawyers, Plaintiffs and Witnesses Who Conspire and Lie to Defraud Our Courts

March 25th, 2013

The Worst Judge in America

A unanimous decision last week by the U.S. Supreme Court adds credence to the notion that Circuit Court Judge Kirk Johnson in Miller County, Arkansas may well be the very worst judge in America . . . → Read More: The Worst Judge in America

September 26th, 2011

Caveat Emptor, for Crying out Loud!

American Tort Reform Association communications director Darren McKinney fired up a comment to an online UPI story he sees as too sympathetic to trial lawyers and class actions . . . → Read More: Caveat Emptor, for Crying out Loud!

August 15th, 2011

Commonsense Analysis of Supreme Court’s Recent Wal-Mart Decision Takes Trial Lawyers to Task

Doug Alexander of the Partnership for Commonsense Justice in Kentucky authored an excellent op-ed piece published in today’s edition of the Lexington Herald-Leader . . . → Read More: Commonsense Analysis of Supreme Court’s Recent Wal-Mart Decision Takes Trial Lawyers to Task