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U.S. Supreme Court curbs extraterritorial reach of the Alien Tort Statute

Dechert LLP
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USA
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April 25 2013

Last week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 pertaining to the reach of the Alien Tort

Second Circuit Court of Appeals issues blow against off-label promotion enforcement

Dechert LLP
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USA
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December 3 2012

In a split decision today, a panel of the Second Circuit Court of Appeals overturned - on First Amendment grounds - the criminal conviction of a pharmaceutical sales representative who had promoted Jazz Pharmaceutical’s Xyrem for off-label use

Another personal injury class action goes down in flames

Dechert LLP
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USA
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July 2 2012

The thing about personal injury claims is that they’re personal

Attorney-client privilege and PR firms

Dechert LLP
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USA
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June 11 2012

We saw another decision, A.H. v. Evenflo Co., 2012 U.S. Dist. LEXIS 76100 (D. Colo. May 31, 2012), addressing whether communications involving public relations firms can be protected by the attorney-client privilege

U.S. Ninth Circuit rejects “selective waiver” of the attorney-client privilege

Dechert LLP
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USA
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April 25 2012

In In re Pacific Pictures Corporation, decided on April 17, 2012, the U.S. Court of Appeals for the Ninth Circuit joined a long list of courts that have rejected the so-called “selective waiver” theory of privilege

Personal injury class actions not even trying anymore

Dechert LLP
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USA
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February 1 2012

We’ve been noting the impending death of class actions in personal injury cases for some time

Class certification denied in plant explosion case

Dechert LLP
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USA
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December 20 2011

A Massachusetts federal court last week declined to certify a class in a suit against chemical company Ashland Inc., in a dispute over a factory explosion

Choice of law defeats another proposed nationwide consumer fraud class

Dechert LLP
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USA
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November 25 2011

A federal court recently ruled that a suit over alleged defects in an MP3 player's display screen could not proceed as a nationwide class action

Lower courts grapple with meaning of Nicastro (Part II)

Dechert LLP
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Canada, USA
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November 14 2011

Last post we talked about a federal district court attempting to apply the Supreme Court's decision in J.McIntyre Machinery Ltd. v. Nicastro

Beverage maker not liable for alleged failure to warn

Dechert LLP
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USA
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November 8 2011

The maker of a drink containing alcohol and caffeine was not liable to a woman allegedly injured when the driver of the motorcycle on which she was a passenger crashed, after the driver consumed the beverage

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