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Results: 1-10 of 361

New Jersey Supreme Court considers how to sanction spoliation in commercial construction defect litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 19 2010

The New Jersey Supreme Court has dismissed claims against several defendants as a sanction for spoliation in a case alleging a defective window system in a commercial establishment, because they were not given the opportunity before or during remediation to evaluate the system, its installation or the cause of the alleged window leaks

Tort reforms sweep through three states

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 23 2011

The governors of South Carolina, Tennessee and Alabama have recently signed tort reform bills designed to benefit existing businesses and attract new ones to their respective states

Failure to certify class does not divest federal court of jurisdiction under CAFA

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 29 2010

The Ninth Circuit Court of Appeals has joined two other circuit courts that have considered the issue and determined that a refusal to certify a class properly removed to federal court under the Class Action Fairness Act (CAFA) does not divest the court of jurisdiction

Fourth Circuit rules torture victims law inapplicable to corporation making mustard gas chemical used in Iraq

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 29 2011

The Fourth Circuit Court of Appeals has determined that Kurdish plaintiffs may not sue the company that makes a chemical used in mustard gas under either the Torture Victim Protection Act or the Alien Tort Statute (ATS

State trial court sanctions defense counsel for late objection to late-filed expert report in mesothelioma litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 24 2012

A Delaware trial court has allowed the widow of a man, who allegedly contracted mesothelioma from workplace exposure to talc, to use at trial an expert report filed after a discovery deadline; the report purportedly links the talc in the decedent’s lungs to the substance mined and processed by the defendant

Federal court dismisses OTC drug litigation; reliance on agency warning letter misplaced

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 16 2010

A federal court in Ohio has dismissed with prejudice a putative class action alleging that promotions for over-the-counter (OTC) cold- and flu-symptom relief products with vitamin C were false or misleading and violated state consumer protection laws

Plaintiffs’ lawyers advocate for jurisdiction in massive Toyota litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 18 2010

Nearly 90 class-action lawsuits have reportedly been filed against Toyota; they could cost the Japanese automaker at least $3 billion

New York adopts law allowing legal fee awards to any person benefiting a class

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 29 2011

New York Governor Andrew Cuomo (D) has reportedly signed a law (S. 4577) that will allow courts to award attorney’s fees in class actions to those acting to benefit the class, such as settlement objectors

Ninth Circuit upholds dismissal of defective laptop power jack complaint

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 23 2012

The Ninth Circuit Court of Appeals has dismissed putative class claims alleging that a computer manufacturer concealed a laptop computer design defect that manifested after the warranty expired and created an unreasonable safety hazard in violation of state consumer protection laws; the court upheld a district court determination that the claims were insufficiently pleaded

Generic drug maker seeks U.S. Supreme Court review of First Circuit’s design-defect ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 9 2012

Claiming that the First Circuit erred by ruling “that federal law does not preempt state law design-defect claims targeting generic pharmaceutical products,” a generic drug maker has filed a petition for review before the U.S. Supreme Court, seeking to overturn an adverse $21.06-million judgment