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Columns & Departments
A look at the Fairness in Class Action Litigation Act of 2017.
Columns & Departments
In-depth analysis of two recent rulings.
Features
<b><i>When a Prisoner's Health Care Is Botched, the Providers' Employer May Be on the Hook</b></i><p>Prisoner Eighth Amendment allegations of cruel and unusual punishment due to deliberate indifference to their medical needs are common; most of them go nowhere. Once in a while, though, the care provided to a prisoner is so substandard that the case actually hurdles the defendants' motion for summary judgment and makes it to trial.
Features
<b><i>Part One of a Three-Part Article</b></i><p>Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort. Two recent studies shed new light on these attitudes.
Features
<b><i>Will Gorsuch Pick Up Where Scalia Left Off?</b></i><p>"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?
Columns & Departments
Off-Label SuitIn the case of Caltagirone v. Cephalon, Philadelphia Court of Common Pleas Judge Denis P. Cohen has granted the plaintiff the right to…
Columns & Departments
Health Care Lawyers Most Worried About Electronic Information
Features
A look at a recent case decided in the Supreme Court of Alabama that concerns questions of the personhood of a nonviable fetus for purposes of a wrongful death action.
Features
Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.
Columns & Departments
Teva has agreed to pay $520M to settle an FCPA complaint. Here's why.