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A hot topic in aggregate litigation: parens patriae suits

Shook Hardy & Bacon LLP
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USA
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May 9 2013

"Access to justice in a mass society is the central civil-justice issue of our day. Individual litigation of mass-injury claims is a luxury that

Obscenity definition turned on its head

Shook Hardy & Bacon LLP
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USA
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April 25 2013

"It may be fair to say that Kiobel takes Justice Potter Stewart's definition of obscenity and turns it on its head: rather than 'I know it when I see

Kiobel redux: cabal playpen?

Shook Hardy & Bacon LLP
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USA
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April 25 2013

"The ATS Alien Tort Statute has become a playpen for a cabal of international law enthusiasts and plaintiffs' lawyers. Couple the former's

ABA approves changes to rules on foreign lawyers’ practice in the United States

Shook Hardy & Bacon LLP
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USA
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February 28 2013

The American Bar Association (ABA) House of Delegates recently approved a number of amendments to the ABA Model Rules of Professional Conduct

ABA considers model ethics rule allowing foreign attorneys to practice in U.S. courts

Shook Hardy & Bacon LLP
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USA
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November 29 2012

The American Bar Association (ABA) Commission on Ethics 2020 has reportedly filed final proposals for updating the model rules to account for technological advances and international legal practice

Texas Supreme Court issues proposed “loser pay” rules

Shook Hardy & Bacon LLP
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USA
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November 29 2012

The Texas Supreme Court has proposed new rules that would implement the “loser-pays” provisions included in tort reform measures adopted in 2011 by the state legislature

Insufficient evidence of lost profits shown in law firm’s dispute with ediscovery vendor

Shook Hardy & Bacon LLP
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USA
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November 8 2012

A Texas appeals court has determined that a law firm failed to substantiate its claim for damages in a breach of contract counterclaim against a vendor hired to provide litigation support services involving electronic discovery

When does a shirt becomes a service in a personal injury lawsuit?

Shook Hardy & Bacon LLP
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USA
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October 25 2012

A federal court in Indiana has determined that a reasonable jury could find that the relationship between an injured plaintiff and the company that supplied the shirt he was wearing while employed as a welderplasma torch operator “was predominantly for the sale of a service”; thus the court allowed the plaintiff’s negligence claim to proceed while granting the defendant’s motion for summary judgment on claims of product defect

When jurisdiction gives way to other SCOTUS concerns

Shook Hardy & Bacon LLP
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USA
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October 11 2012

Having read the argument transcripts in Kiobel and Lozman, SCOTUS’ early-term jurisdictionality cases, I am somewhat at a loss

SCOTUS opens term with additional argument on alien tort claims issues

Shook Hardy & Bacon LLP
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USA
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October 11 2012

During the first day of its new term, the U.S. Supreme Court heard a second round of arguments in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S., restored to the calendar for reargument March 5, 2012