SCOTUS Asked to Review Landmark Missouri Talc Verdict
This week, Johnson & Johnson requested the U.S. Supreme Court review a landmark talcum powder case which resulted in the
Judicial Hellholes
California High Court again Defies SCOTUS, Expands Civil Liability, Enriches Plaintiffs’ Lawyers
Continuing its well established trend of expanding civil liability while disregarding U.S. Supreme Court precedent, the California Supreme Court did it again last week with its plaintiff-favoring decision in McGill v. Citibank, N.A.
Judicial HellholesMissouri, 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
Points of LightATRA 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”
UncategorizedWill 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
Points of LightSCOTUS 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
UncategorizedSCOTUS 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
Points of LightSCOTUS 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
Judicial HellholesU.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
UncategorizedBad 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
Judicial HellholesSCOTUS 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.”
Judicial HellholesPunishing 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
Points of Light, UncategorizedThe 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
Judicial HellholesCaveat 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
UncategorizedCommonsense 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
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