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Defibrillator Device Suit Dismissed On Federal Preemption
  • Weil Gotshal & Manges LLP
  • USA
  • May 22 2017

A District Court in New Jersey recently dismissed a products liability action against Boston Scientific Corp., Guidant Corp., and two related medical


A New Reason for Private Equity Sellers to Hate Undefined “Fraud Carve-outs”
  • Weil Gotshal & Manges LLP
  • USA
  • May 16 2017

Undefined fraud carve-outs are ubiquitous in M&A agreements; and the problems they pose for private equity sellers are legion. Many of these problems


Expert Drowns in Whirlpool
  • Weil Gotshal & Manges LLP
  • USA
  • May 15 2017

On May 9, Judge Amy St. Eve of the United States District Court for the Northern District of Illinois (i) denied certification to various classes of


Washington Court Rules That Nurses Are Qualified To Testify As To Medical Causation
  • Weil Gotshal & Manges LLP
  • USA
  • May 10 2017

In the vast majority of jurisdictions, a plaintiff is required to offer expert testimony to establish the applicable standard of care and that the


Keeping Up With the (Fairness in) Class Action Litigation Act
  • Weil Gotshal & Manges LLP
  • USA
  • May 2 2017

Back in March, the House of Representatives passed, by a 220-201 margin, H.R. 985officially dubbed the Fairness in Class Action Litigation Act of


Yoda was Wrong, at Least with Respect to Contracts“I’ll Give it a Try” Evidences an Affirmative Commitment After All
  • Weil Gotshal & Manges LLP
  • United Kingdom, USA
  • April 10 2017

In what is perhaps one of the most famous lines in the Star Wars series, Yoda rebukes Luke Skywalker, for saying he would “give it a try,” with these


No Contradiction in Contribution: Tenth Circuit Finds that Bankruptcy Court Approval of Settlement of CERCLA Environmental Claims Does Not Estop Subsequent CERCLA Contribution Claim
  • Weil Gotshal & Manges LLP
  • USA
  • April 7 2017

In Asarco, LLC v. Noranda Mining, Inc., the Tenth Circuit Court of Appeals held that representations made to the bankruptcy court that the Debtor’s


Fees, Fees, Fees: SDNY Bankruptcy Court Questions the Ongoing Validity of the “Blackstone Protocol” for Investment Banker Fees in Chapter 11 Cases
  • Weil Gotshal & Manges LLP
  • USA
  • March 31 2017

Chapter 11 reorganizations are a complex affair. They often require various professionals - attorneys, accountants, investment bankers, appraisers


Eleventh Circuit Boldly Orders Late Stage Remand for Lack of Diversity Jurisdiction
  • Weil Gotshal & Manges LLP
  • USA
  • March 29 2017

In Thermoset Corp. v. Bldg. Materials Corp of Am., No. 15-13942, 2017 WL 816224, at 1 (11th Cir. Mar. 2, 2017), the Eleventh Circuit provided a


Litigation Trends 2017
  • Weil Gotshal & Manges LLP
  • Global, United Kingdom, USA
  • March 27 2017

A recently proposed bill, if passed as introduced, would dramatically alter the class-action landscape in 2017 and beyond. Representative Bob