General Jurisdiction After <i>Daimler AG v. Bauman</i>
June 01, 2016
Often, when patients are injured by pharmaceutical products, the plaintiff and the product's manufacturer are located in different jurisdictions, making jurisdictional questions the first issue to resolve when choosing where to file suit. In 2014, the Supreme Court's decision in <I>Daimler AG v. Bauman</I>announced a sweeping change to the law of personal jurisdiction.
Bifurcation of Bad-Faith Claims
June 01, 2016
Recently, federal courts across the country have ruled on insurers' motions to bifurcate bad-faith litigation; <I>i.e.,</I> motions to separate and stay discovery and/or the trial of the bad-faith claims from the insured's claim for coverage.
Associates May Have Closer Eye On How They Are Billed Out
June 01, 2016
Hourly rates can be a moving target as clients negotiate down firms' published rates, but in a low-demand era where lawyers need every dollar they can bring in, it seems associates are the ones troubled lately with how rates are set.
Landlord's Claim in Bankruptcy Case Puts Its Letter of Credit Proceeds At Risk
June 01, 2016
If a landlord has drawn down the letter of credit proceeds and withdrawn the security deposit in full after the tenant's default, filing a proof of claim in the tenant's subsequent bankruptcy proceeding may invite a bankruptcy court's consideration of whether those funds are or should be assets of the bankruptcy estate.
The Famous Dr. DeBakey and His Two Controversial Practices
June 01, 2016
As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.
Constitutional Rights and the Expert Opinions Addressing Parental Access and Decision-Making
June 01, 2016
Frequently, evaluators will offer expert opinions to the court to limit a parent's access to his or her children. The authors claim that many evaluators do not adequately consider the profound constitutional issues involved in such recommendations, and routinely offer opinions that have little support in the underlying data from which such recommendations and opinions are based.
Patent Venue Rule Remains the Same ' For Now
June 01, 2016
Outside of the patent litigation world, most people have probably never heard of Marshall, TX. However, patent litigants often find themselves defending patent infringement suits in Marshall and other remote locations, even though the litigant has virtually no connection to that jurisdiction.
Joint Employment and the Contingent Worker
June 01, 2016
Many companies are staffing through non-traditional arrangements. Many of these contingent arrangements result in third parties. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.
